Title: To James Madison from John Elmslie, Jr., 10 February 1804 (Abstract)
From: Elmslie, John
To: Madison, James

10 February 1804, Cape Town. Received duplicates of JM’s letters of 1 Aug. 1801 and 9 Apr. 1803 on 2 Feb.; the originals and the copy of the laws have not yet arrived. “When I wrote Government in March last, I conceived that with the change of the Government at the Cape, my functions ceased, and therefore deferred waiting on His Excellency Governor Janssens, in any official capacity, till I heard from you. In Novr. last, I was informed by private letters from America, that dispatches had been forwarded for me, by a vessel from New York, bound to Canton, and which was to touch at the Cape of Good Hope—finding that this vessel had passed, and concluding, it might be some considerable time before they reached here—I waited on the Governor in order to learn His pleasure, respecting the admission of foreign Consuls, so that the American Interests might not suffer in case of Official representations being wanted. I was given to understand from his Excellency, that no Consuls from any Nation whatsoever were at present accepted here, but that the matter was now under the consideration of the Batavian Government, & that he expected soon to hear on the subject.”
Encloses a list of American vessels that entered the ports of the Cape from January 1803 to January 1804. Also encloses a copy of the printed regulations respecting the trade of the colony and his “Report on the subject of lights &c.” There are no lighthouses in the colony. “The duty on anchorage is one Schilling Cape Currcy. (or 10 Cents) P Ton Register on all vessels comming to the Cape.… All other duties and fees are included in the enclosed printed List, (except the Harbour masters fees which amount to about eight Rix dolls.[)].… Cases of Quarantine seldom happen when a vessel arrives in Table Bay or Simons Bay—with an infecteous disorder on board, she is order’d to anchor at some distance from the rest of the shipping and all communication with the Inhabitant⟨s⟩ &c. forbid, except the Harbour master who has the charge of supplying such with necessaries—& the chief expence is on account of extra boat hire.”

   RC (DNA: RG 59, CD, Cape Town, vol. 1). 4 pp.; docketed by Wagner as received 26 May. Enclosures not found.

   Circular Letter to American Consuls and Commercial Agents, 1 Aug. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:1–4).

   Circular Letter to American Consuls and Commercial Agents, 9 Apr. 1803 (ibid., 4:491–93).

   Elmslie to JM, 14 Mar. 1803 (ibid., 4:418–19).


Title: To James Madison from John Gavino, 10 February 1804 (Abstract)
From: Gavino, John
To: Madison, James

10 February 1804, Gibraltar. No. 144. Has not heard from JM since his last of 2 Feb. “I this day received a Letter from Wm. H. Thone [Thom] Commander of the Schor. Citizen with the Gun Carriages dated L’Orient 6th: Ulto. wherein he tells me was not permitted to Sail untill the departure of the French Squadron, which he supposed would be the first fair wind.” A Danish brig arrived “This day”; the captain says he was boarded on 12 Jan. 1804 “between Sicily & the coast of Italy by a Tripoline Cruiser, she was a Polacra with 3 Masts, 8 Guns, about 60 Men & 90 Tunns burthen, had black Top Sides, Sayd had taken nothing, and informed him of the misfortune happend the Philadelphia.” Has informed Preble, Hull, “and the Consuls along the Coast.” Adds in a postscript that public health is restored at Málaga.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 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)., 3:400–401.


Title: To James Madison from Elias Vander Horst, 10 February 1804 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

10 February 1804, Bristol. Last wrote on 1 Oct. 1803 enclosing a duplicate. Has received nothing from JM since then. “I am now sorry to inform you that the act intitled ‘An act supplementary to the Act concerning Consuls & Vice Consuls & for the further Protection of American Seamen,’ and from which a fund for the purpose therein mentioned was intended to have been created, has wholly failed of producing that effect, and from the experience I have already had of it, I am fully Persuaded that in its Present form very little if any thing more can ever be expected from it.” In order to avoid paying three months’ wages to consuls in addition to any wages due to the seamen, masters of U.S. vessels claim the men they discharge are runaways who are not entitled to wages. “In a similar way they avoid what the law requires of them even when their Vessels are sold. And this you’ll Perceive is not difficult for them to effect by a Previous understanding between them and their men and which it is not in our power to prevent or detect.” Suggests that “a small rate on Tonnage would be a much more effectual means of obtainin⟨g⟩ the ends intended by that act.” Encloses accounts of imports and exports by U.S. vessels in his district up to 31 Dec. 1803, together with the latest newspapers and a London price current.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:484.

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


Title: From James Madison to Richard Harrison, 11 February 1804
From: Madison, James
To: Harrison, Richard

Sir.
Department of State, Feby. 11th. 1804.
I return the documents enclosed in your letter of the 19th. Ult. in relation to Mr. Eatons accounts. On a view of the contingent expences as now specified and explained it seems proper that they be admitted as far as the items of which they consist are comprised within the rules established by my letter of the 11th. July last; and the following may also be admitted, viz: Customary presents at public feasts, expences of horses & carriages, repairs of the house & appurtenances, hire of boats, porterage, postage, sums paid to Couriers, and small presents to Messengers coming on public business. On the reference of the demand on account of the Gloria to the Navy Department it was rejected under the idea that no such addition could be made to the Naval establishment without an express legal sanction, but from the nature of the service for which she was destined she may be looked upon as retained for giving and receiving intelligence. Under this impression her hire may be settled at a reasonable rate for the period she may have been actually employed in such service. The last charge of 10,131 78/100 Dollars under date of August 1802, is under all circumstances of the case not admissible under any proper exercise of the discretion vested in the Executive.
As the Bey of Tunis has admitted the receipt of the Military and Naval Stores due to him in consideration of the peace, it may be omitted to charge Mr. Eaton with them. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (CSmH); Tr (DNA: RG 233, Transcribed Reports of the Committee on Claims, 8th Cong., 2d sess. through 11th Cong., 3d sess., 3:294-95 [8C-A1]).

   Letter not found. JM probably referred to his letter of 1 July 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:131).

   For the history of the Gloria, see Eaton to JM, 4 Apr. and 12 Sept. 1802 (ibid., 3:98, 99 n. 1, 574–77 and n.).

   This sum apparently was the amount Eaton had promised Yusuf Sahib-at-Taba, the Tunisian prime minister, for supporting Eaton’s plan to use Hamet Qaramanli to overthrow his brother Yusuf Qaramanli, pasha of Tripoli (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, p. 302).


Title: To James Madison from Vincent Gray, 11 February 1804
From: Gray, Vincent
To: Madison, James

Sir,
American Consulate, Havana 11th. February 1804.
It was my intention to have wrote you fully on the subject of the depredations Committed in these seas, by Mr. James D. Barry of your City, but am now prevented, in consequence of his sudden departure in a Vessel touched off the Port in Distress—however I will obtain the necessary Documents relative to those depredations, and forward the same by the Brig Republican of Baltimore, now loading for that place.
The Schooner Dorchester, of Vienna, Joseph White Master, has lately been captured off this Port, carried into Mariel, her cargo of Coffee landed, and after bringing her to anchor off the Moro, and laying off and on two Days sent her as they say, for Martinique; but I have reason to believe that she has been sold and sent to the United States.
The Brig Dove of Boston, Eames Master, belonging to Messrs. James & Thomas H Perkins, has been captured on the south side of the Island, by a French Privateer called the Regulator, sent into the Port of Saint Jag⟨o⟩ de Cuba and the cargo of Coffee landed in the night; after which I presume she will be towed outside of the Moro and scuttled, that being now the way they get clear of the Vessels after robbing them of their Cargoes.
The Sloop Washington of Norfolk from Jamaica and the Danish Schooner Anna of St. Thomas have lately been captured by a National Schooner Captn. Sax and carried into Matanzas—the former with Sugar and Coffee was ransomed for 3100 Dollars, and the latter from St. Thom⟨as⟩ with upwards of 80 Negroes, which the Officers sold along the coast and to the people in and about Matanzas—in spite of every opposition made by the Consignee—and when the officers and men were called to an account for the same by this Government after their arrival here the officers, Prize master and crew deposed in the proper office of the War Department that they had not sold a Negro and that they did not know what had become of the Prize—she having been captured by a British Privateer; notwithstanding the Vessel had been left by the Prize Master in a small port to windward of the Matanzas and some of the Negroes found. And further they all deposed and declared the said Schooner was found without any Marine papers, notwithstanding the said commander had a few days before in presence of his commissary here, presented to me the Danish Papers for said Schooner to prove that she was not American as then reported.
It is also reported here that an American ship has been captured in the old channel, by a French Privateer, and after landing the cargo on the Coast, the crew put into Irons below and the Vessel scuttled and sunk, however this report is not generally believed.
The Ship Elk of Baltimore has been captured by the British, recaptured by the French and was by the last accounts at Trinidad in this Island, and is soon expected here—when she arrives I will have her stopped and detained. However I am fearful that they will not bring any more of their Prizes into this Port. Unless some stop is put to those unwarrantable depredations, It will become necessary, as these Privateers round the Island have no commission, and not answerable to any person, not having given any surety for their good conduct, to send out into these Seas, two Schooners of Eight or Twelve Guns; ToWit; One to cruize off St. Jago De Cuba and the other off the Havana, Matanzas & Mariel.
If you were to write immediately to the Captain General on the subject of those depredations and procure a letter from the French Minister to their Agent here, under whose Orders he now Acts, it would have a happy Effect, as the commissary informed me that he had wrote to the Minister for orders and directed that until further orders from said Minister, all Vessels bound to and from St. Domin⟨go⟩ would be captured by their National Vessels and Privateers under the Proclamation of General Leclerc warning all Persons from Trading with the Brigands. Referring you to my next I am Sir very respectfully Your Mo Obed. Sert.
Vincent Gray
(See Postscript)

P. S. When writing the preceeding I omitted to mention that Alexander Kane Master of the Brig Patsey of Charleston, belonging to Thomas Simons of that place, on his Voyage from Kingston (Jamaica) to Charleston, on the 2d Inst. was robbed of 4615 Dollars the property of Kirk & Lukens of Charleston aforesaid, by another National Schooner fitted out in this Island. His said Brig having been wrecked on Key Blanco, himself & crew have been brought in here. I shall send them to the United States after the Declarations of the Master and themselves are taken here, in the proper office, in order that the National Vessel may in case of her arrival here be detained until the Master delivers up the money. I send you enclosed herewith a copy of the letter to Kirk & Lukens that accompanied the Money—which was after taking out the Bill of Lading returned by the commander thro’ mistake—when his protest is extended I will forward on a Duplicate thereof. I am Sir very Respectfully your mo Obed Servt.
Vincent Gray

   RC and enclosure (DNA: RG 59, CD, Havana, vol. 1). For enclosure, see n. 2.

   Morro Castle (Havana).

   The enclosure is a copy of Henry West and Company of Kingston to Kirk and Lukens of Charleston, 16 Jan. 1804 (1 p.), stating that they were sending three boxes of specie totaling $4,515 by the Patsey, Capt. Alexander Kane. They added that provisions still brought reasonable prices, although “lumber is very low & sales dull.”


Title: To James Madison from the Right Reverend James Madison, 12 February 1804
From: Madison, James (Reverend)
To: Madison, James

Dear Sir
Feb. 12th. 1804 Wmsburg.
I am much obliged to you for the Map, which you were so good as to procure, & forward. It is, probably, the best Authority for the Delineation of the Potommac, from Washington, & will be followed.
I thank you also for communicating Mr Moores determination of the Long. of the federal City. If it can be relied upon, & I suppose it may, from his Character, it proves no inconsiderable Error in the Geographers who have preceeded. I wish Mr Moore could favour me with the observations, from which his Result is drawn.
Any Communications within three or four Weeks from you, will be very acceptable. Perhaps Mr. Jefferson may possess some useful Materials; but knowing the perpetual Occupation which his Office must give him, I cannot add to his Burthen.
I have found, simple as the Business may appear, that he who engages, honestly, to make a Map of Virga. prepares for himself a Herculean Task. I flatter myself however, that my Map will be found useful. It is to be engraved by Bossier, a Swiss Artist, who was recommended to the Pr. by Genl. Kosciusko.
Be so good as to let me know the Charge of Mr Fenwick, when you favour me with another Communication, & believe me to be, Dr Sir Yrs most sincerely & Affy.
J Madison

   RC (NHi: Gallatin Papers).

   See the Right Reverend James Madison to JM, 1803.

   Bishop Madison may have referred to Virginia engineer Thomas Moore, who later made a study of the country between the Ohio and Potomac Rivers for the directors of the Potomac Company (Corra Bacon-Foster, “Early Chapters in the Development of the Potomac Route to the West,” Records of the Columbia Historical Society 15 [1912]: 221, 286–95).

   Bishop Madison’s Map of Virginia Formed from Actual Surveys … (Richmond, 1807), engraved by Frederick Bossier, was considered authoritative for the next twenty years (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 2:398 n. 5).


Title: To James Madison from Robert R. Livingston, 13 February 1804
From: Livingston, Robert R.
To: Madison, James

Sir
Paris 13 February 1804
The principal object of this is to Send you an extract of a letter Just received from Mr Graham, as it is possible that Mr Pinkney may not find So early an opportunity of writing to you. It appears by Mr Graham’s letter that Mr Pinkney had not yet received information of the Communication made by the Spanish Court to the First Consul on the Subject of our Treaty. After this I think it impossible that the troops he Speaks of can be designed to act against us tho’ I think it very probable that they will be placed upon our frontiers which they may endeavour to narrow. It is therefore important to us to take care in time to Strenghten [sic] ourselves on those quarters. [As] Spain entertains a decided jealousy for us would it not be good policy to disarm it by exchanging a part of our territory on the southwest of Louisiana against Florida and obtaining at the same time a sum of money in addition thereto if money is at all an object in matters of such moment if you were so inclined (tho I own I should not think [it] good policy) I am satisfied that you might obtain from Spain the whole fifteen million together with New [Or]leans and the Florida[s] in exchange for the teritory to the west of the Mississippi [&] with half a million at my disposition I would undertake to make a treaty for you upon that ground. The plot I mentioned in my last appears to have been very Serious—it is Scarce doubted that Georges has been Some time in Paris, a great number of people have been taken up as implicated there in, particularly among the returned emigrants. It is Said to have been ascertained that the Consul was to have been assassinated at the Theatre the inquiry is Still going on & persons are daily arrested.
Preparations for the descent as active as ever, but nobody knows when it is to be made. I have the honor to be Dear Sir With the highest respect & esteem Your most obt. hum: Servt
Robt R Livingston

   RC and enclosure (DNA: RG 59, DD, France, vol. 9); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston; docketed by Wagner as received 6 June. Draft and letterbook copy marked “No 100.” Italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). For enclosure, see n. 1.

   The enclosure is an extract (2 pp.; docketed by Wagner as received in Livingston’s no. 100) from Graham to Livingston, 30 Jan. 1804, in which Graham stated that after the arrival about 1 Jan. of a ship Yrujo chartered in November, the Spanish government decided to increase the defenses of the colonies. Graham had learned that seven to nine thousand men would be sent out “almost immediately,” that the “prevailing opinion” was that they were for use against the U.S., that officials at Madrid were working “to pare down” the size of the U.S. purchase, and that the Spanish refused to believe that it was only Louisiana’s location that made it attractive and saw U.S. offers for the Floridas as further signs of U.S. ambition. He added that Spain greatly misunderstood the U.S. and that the situation was critical.

   Miscoded “fection.”

   Miscoded “Connecticut.”

   Miscoded “in.”


Title: From James Madison to Benjamin Day, 13 February 1804 (Abstract)
From: Madison, James
To: Day, Benjamin

13 February 1804, Washington. “I have recd your favor of the 10th. inst: and remit a dft on the post Master at Fredg. for $54.75. being the amt. of charges on the Tobo. sent by the Atlantic. Be so good as to acknowledge the rect. of it; and if meanwhile you should see Mr. J. Ross of your Town, you will oblige me by saying whether he recd. a letter not long ago from me.”

   RC (PHi). 1 p.; docketed as received 15 Feb. and answered 16 Feb.


Title: From James Madison to James Maury, 13 February 1804 (Abstract)
From: Madison, James
To: Maury, James

13 February 1804, Department of State. “Godsrey Hyer, an American Seamen, impressed some time ago at Liverpool into the British Service, has written a letter to his friends in this Country, a copy of which you will find among the enclosed documents, requesting that you might be furnished with proof of his Citizenship, to be used for effecting his discharge: and I accordingly forward to you herewith copies of sundry papers that have been supplied by his friends for that purpose.”

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

   See William Ellery to JM, 14 Jan. 1804.


Title: To James Madison from John Gardner, 13 February 1804 (Abstract)
From: Gardner, John
To: Madison, James

13 February 1804, Cádiz. “I take the liberty of Informing you that on the 16 Jany 1804: Comeing from Portsmouth in England to Cadiz in Ballast with the American Ship Hazard of Wilmington No Carolina under my Command: I Run on Shore near Rota forced by the Very Extraordinary Bad weather we Experienc’d & few hours after we Gott on the Rocks my Ship was knockd to pieces by the Violent Seas that where goeing over her. Luckily for me & for the Crew that Mr Joseph Yznardy: American Consul at Cadiz: was then at His Country House at Rota who the Moment he Saw us in danger he rund to the water Side takeing with him a number of hands to give us Every kinde of Assistance: Mr Yznardy: renderd us all the Services that we Could expect & it is my Duty to inform You that if it had not been for Mr Yznardys Exertions we should have lost all Our lives: By Mr Yznardys endeavours: all what Could be Saved was Pickd up & Carried to safe Places to hinder their been plunderd as Very often happens in like Misfortune.
“After Mr. Yznardys Endeavours: where the Cause of our saveing our lives: he politely took us to his Own house & my Crew did not leave it: till he got a birth for every Sailor without aney expence to Our Goverment.
“I think it my Duty Owing to the gratitude that I shall always feel to Mr Yznardy to give You this information: which I hope will be Equally agreeable to You.”

   RC (DNA: RG 59, ML). 2 pp.; marked “duplicate.”


Title: To James Madison from John Mathieu, 13 February 1804 (Abstract)
From: Mathieu, John
To: Madison, James

13 February 1804, Naples. Wrote on 3 Aug. [not found] via London enclosing an account of American ships arrived at Naples and the information requested in JM’s 9 Apr. 1803 circular. Sends this “by Capt. Josiat. Lovett of the Ship Harriot who is bound to the Port of Beverley as these two month past no occasion offered; for the sending via England, or france large letters is attended with great expences.” “The havok the yellow fever has made in Malaga which is believed to be brought thither by one of our Ships has allarmed the Health Office here to such a pitch that they receive no Ships coming from the Southern States of America as there is no regular Lazzaretto here, those that come from the Northern States must perform a quaranteen of  Days such as come from ports in Europe are used as the Ships of that Country.” Preble has established headquarters at Syracuse, where Mathieu often forwards him dispatches. “I have nothing material to advise you of from here.” Adds in a postscript: “In this very moment I have received advice that Government here has sent orders to Sicily to admit no American Ships whatsoever coming from Philadelphia or other Southern States, because the Masters of Ships Knowing that there the Health Office was more indulgent than here used to touch there before coming to this Port.”

   RC, two copies (DNA: RG 59, CD, Naples, vol. 1). First RC 2 pp.; marked “Copy.”; docketed by Wagner as received 9 June. Second RC docketed by Wagner as received 16 July.

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

   Blank left in RC.


Title: To James Madison from Murray and Mumford, 13 February 1804 (Abstract)
From: Murray & Mumford
To: Madison, James

13 February 1804, New York. “Our last respects were of the 26h Novr. 1802 [not found] in reply to your letter of 22nd idem, we then expected Mr Adams return daily, but unfortunately the Ship on board of which he embark’d must have been lost on her passage as no accounts have been receivd of her since she left Malaga in Septr 1802. The letter in question therefore remains with us; however we are inform’d by Mr Benjn B Mumford, who we presume knew more of the nefarious conduct of Willis than any other person, that he in August last forwarded to you from Boston, a complete statement of the Register Forgery accompanied with the affidavit of a Mr Wm Baker & Captn. Lewis who commanded a Vessel sailing under such false document, & we sincerely hope so great a Vilain is within the ⟨r⟩each of punishment, altho’ we understand he was in Barcelona as late as November & then acting as Consul of the United States.”

   RC (DNA: RG 59, ML). 1 p.; torn.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:132.


Title: To James Madison from Joseph Sims, 13 February 1804 (Abstract)
From: Sims, Joseph
To: Madison, James

13 February 1804, Philadelphia. “In March 1801 I forwarded to the Office of the Secretary of State the proceedings in the Case of the Ship Little Mary Capt Benners upon the Appeal, in expectation that by the interference of Goverment, some restitution might be made for my property so unjustly taken from me, but not having since heard a word on the subject, presume no Steps have been taken thereon. There is a Cause coming on in our Supreme Court, in which those papers are deem’d necessary; permit me to request the favor you would be so obliging as send them to me, and every attention Shall be paid by me to return the same to you as soon as the business is finished.”

   RC (DNA: RG 59, ML). 1 p.

   Letter not found. The Little Mary was captured off Martinique by the French on 15 Feb. 1797 and recaptured on 16 Feb. by the British. Sims entered a claim against Simon Miller, captain of HMS Vanguard, who carried the Little Mary into Martinique, where it was condemned by the British vice-admiralty court on the basis of concealed letters indicating that the cargo was loaded at Amsterdam for Surinam (DNA: RG 76, Preliminary Inventory 177, entry 180, Great Britain, Treaty of 1794 [Article VII], British Spoliations, box 4). Sims appears also to have entered a claim against the French (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:60).


Title: From James Madison to James Monroe, 14 February 1804
From: Madison, James
To: Monroe, James

Sir,
Department of State February 14th 1804
You will herewith receive the ratification by the President and Senate, of the Convention with the British Government signed on the 12th of May 1803, with an exception of the Vth article. Should the British Government accede to this change in the instrument, you will proceed to an exchange of ratifications and transmit the one received, without delay, in order that the proper steps may be taken for carrying the Convention into effect. As the same considerations which led to the arrangements settled by it, urge a prompt execution of them, it may be expected that the steps depending on that Government, will be hastened. As far as your exhortations may be requisite, you will of course apply them.
The objection to the 5th. article appears to have arisen from the posteriority of the signature and ratification of this Convention to those of the last Convention with France ceding Louisiana to the United States; and from a presumption that the line to be run in pursuance of the 5th article might thence be found or alledged to abridge the Northern extent of that acquisition.
It may reasonably be expected that the British Government will make no difficulty in concurring in this alteration; because,
First—It would be unreasonable, that any advantage against the United States should be constructively authorized by the posteriority of the dates in question; the instructions given to enter into the Convention, and the understanding of the parties at the time of signing it, having no reference whatever to any territorial rights of the U States acquired by the previous Convention with France, but referring merely to the territorial rights, as understood at the dates of the instructions for and signature of the British Convention. The copy of a letter from Mr King hereto annexed, is precise and conclusive on this subject.
Secondly—If the V article be expunged the North boundary of Louisiana, will, as is reasonable, remain the same in the hands of the U States, as it was in the hands of France; and may be adjusted and established according to the principles and authorities which would in that case have been applicable.
3dly. There is reason to believe that the boundary between Louisiana and the British territories north of it were actually fixed commissioners appointed under the Treaty of Utrich and that this boundary was to run from the Lake of the Woods westwardly in latitude forty nine in which case the Vth Article would be nugatory as the line from the Lake of the Woods to the nearest source of the Mississippi would run thro territory which on both sides of the line would belong to the United States. Annexed is a paper stating the authority on which the decision of the commissioners under the Treaty of Utrich rests and the reasoning opposed to the construction making the forty nine of latitude the northern boundary of Louisiana with marginal notes in support of that construction. This paper will put you more readily into possession of the subject as it may enter into your discussions with the British Government. But you will perceive the necessity of recurring to the proceedings of the commissioners as the source of authentic information. These are not within our reach here, and it must consequently be left to your own researches and judgment to determine the proper use to be made of them.
4thly Laying aside however all the objections to the Vth Article, the proper extension of a dividing line in that quarter will be equally open for friendly negotiation after, as without agreeing to, the other parts of the Convention; and considering the remoteness of the time at which such a line will become actually necessary, the postponement of it, is of little or no consequence. The truth is, that the British Government seemed at one time to favor this delay, and the instructions given by the United States readily acquiesced in it. The annexed extracts from Mr King’s and Mr Gore’s letters with that from the Department of State will explain this observation.
The fourth article of the Convention provides that the Commissioners shall be respectively paid in such manner as shall be agreed between the two parties, such agreement to be settled at the time of the exchange of ratifications. It has been supposed that the compensation allowed to the Commissioners under the Treaty of Amity, Commerce and Navigation, who settled the St Croix boundary would be satisfactory to the British Government, and upon this idea, the estimate, of which a copy is inclosed, was framed as the basis of an appropriation to be asked from Congress. The President authorizes you therefore to agree to the sum mentioned therein viz $4444 44/100 to be paid by each Government to the Commissioner appointed by itself, and the same sum being allowed to the third Commissioner to be paid to him in equal portions by the two Governments. Should however the British Government insist upon a variation of the compensation from the sum above mentioned, you may consent to it provided it does not exceed $6666 66/100 dollars, each party contributing equally to the payment and each Commissioner receiving the same sum as his Colleagues. With great respect and Consideration I remain, Sir, your most Ob Sert
James Madison

   RC and enclosures (DLC: Monroe Papers); Tr (DNA: RG 46, President’s Messages, 10B-B1); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM. Italicized words are those encoded by a State Department 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 (6 vols. to date; Charlottesville, Va., 1986–)., 4:352 n. 1). RC decoded interlinearly. For enclosures, see nn. 3, 6, 7, and 8.

   For the signing of the convention of 1803, see Rufus King to JM, 13 May 1803 (ibid., 4:607 and nn. 1 and 2).

   Concerned that the boundary line running from the Mississippi to the Lake of the Woods might interfere with U.S. claims to territory acquired through the Louisiana Purchase, the Senate voted to expunge Article 5, which dealt with that line, before ratifying the convention on 9 Feb. 1804. The British refused to ratify the amended convention, and the boundaries remained unsettled until 1818 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:463–64; Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:655–62).

   The enclosure is a copy of King’s 9 Dec. 1803 public letter to JM (see King to JM, 9 Dec. 1803, n. 2).

   Letterbook copy inserts “by” here.

   Letterbook copy has “Utrecht.”

   The enclosure (13 pp.) is “An inquiry concerning the Northern Boundary of Canada and Louisiana,” docketed by Monroe: “Dept of State 14 Feby 1804 respecting British convention abt. boundaries; Brith & Louisiana—Mr Kings—ratification with exception of 5th art.” The writer cites Thomas Hutchins’s Historical Narrative and Topographical Description of Louisiana, and West-Florida … (Philadelphia, 1784; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 18532) and Alexander Mackenzie’s Voyages from Montreal, on the River St. Laurence (Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 2568) in locating the boundaries between French and British territory in North America and the source of the Mississippi and urges the ratification of the convention of 1803 without changes. Marginal notes argue against several of the positions taken, citing Hutchins’s known inaccuracy, and note that a more deliberate approach might be beneficial to the U.S. Another copy of the inquiry, with the marginal notes in Jefferson’s hand (DNA: RG 59, TP, Orleans, vol. 2; filed at the end of 1803) is docketed: “Notes of the President on the Boundary of Louisiana and Mr. Pickering’s enquiry respecting the Northern Boundary.”

   In addition to King’s letter (see n. 3, above), JM enclosed an extract (4 pp.) from Christopher Gore to JM, 6 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 3:611–13), and an extract (2 pp.) from JM to Rufus King, 16 Dec. 1802 (ibid., 4:192–93).

   The enclosed “Extract from the Estimate of the Department of State for the service of the year 1804” (1 p.) allowed $4,444.44 for the salary of one commissioner and $2,222.22 for half the salary of another, $3,000 for the salary of a U.S. agent, and $6,500 for “Half the contingent expences of the commission including Secretary, Surveyors, Labourers, Horses, Provisions instruments and furniture.”


Title: To James Madison from William C. C. Claiborne and James Wilkinson, 14 February 1804
From: Claiborne, William C. C.,Wilkinson, James
To: Madison, James

Sir,
New Orleans Feby 14 1804.
You will receive under cover herewith a duplicate of our last of the 7th current, also a copy of a Report made to us by Docr. Watkins Physician of the Port, relative to the Situation of the People on Board the French Transport from St Domingo, and the arrangements to be made for them at Placquemines.
On the first of the present Month we received a Letter from the French Commissioner a copy of which is inclosed, containing a Report & Complaint made by the Captain of the French Transport against the Commandant at Placquemines, for having fired two cannon Shot at his Vessel & forced him to cut his Cable, whereby he lost his only remaining Anchor. We immediately wrote to Capt. Cooper at Placquemines to enquire into that Transaction, and answered the Letter of the French Commissioner by observing, that as no Orders had been given to justify the Outrage described, the Officer would be called to account and punished if guilty, but that in the mean Time we flattered ourselves the affair had originated in some Misunderstanding. Having received the Answer of Capt. Cooper (a Copy of which is under cover) the French Commissioner was furnished with a Copy thereof, together with an Extract of that Part of Docr. Watkins’ Report, which explains that Transaction. In his Reply dated the 9. current (a Copy of which is under Cover) a further Specimen is given of the Insolence, which marks the Character of this Man in his Correspondence with us. We have not yet thought proper to notice this Letter or that which he wrote us on the 25 ulto. but we shall not fail to reply to them in proper terms, before we close our Correspondence, which we expect to do in a few Days. We renew to you the Assurances of our high & respectful Consideration.
William C. C. Claiborne
Ja: Wilkinson

   RC, two copies, and enclosures (DNA: RG 59, TP, Orleans, vol. 3). First RC in a clerk’s hand, signed by Claiborne and Wilkinson; docketed by Wagner as received 21 Mar. Second RC marked duplicate; docketed by Wagner as received 4 Apr. For enclosures, see nn. 1, 2, 4, and 6.

   The enclosure is a copy of Watkins to Claiborne and Wilkinson, 6 Feb. 1804 (7 pp.; docketed by Wagner), in which Watkins states that he arrived on 2 Feb. at Plaquemine, where he found morale aboard the Exprès very low. There were 119 persons on board: 13 belonging to the ship, 11 health officers, 9 military officers, 72 noncommissioned officers and soldiers, and 14 women and children. He detailed the condition of the 30 who were invalids and the plans made for their care, noting that while the French were well supplied with food, they were short of medicines, wine, sugar, coffee, and bedding for the sick. He described where and how the healthy would be housed and supported Cooper’s version of the shooting incident (see n. 4, below). He gave the history of the ship following its departure from Mole Saint-Nicolas with about 426 passengers, with details of its adventures at Santiago de Cuba and at sea. He believed the high number of deaths was due to the poor initial condition of the passengers, not “contagion or the yellow fever,” and stated that there would be no danger in allowing the Exprès to approach New Orleans. Lest his judgment be mistaken and to calm public fears, he suggested that the ship be fumigated before being allowed to anchor.

   The enclosure is a copy of Laussat to Claiborne and Wilkinson, 1 Feb. 1804 (2 pp.; in French; docketed by Wagner), stating that he had just received a 26 Jan. 1804 letter from Capt. Bourgoin de Sey of the Exprès charging that the commandant at Plaquemine had fired two cannon-shot at his ship because he was slow in obeying orders, forcing him to cut his cable and lose the ship’s only anchor.

   For a summary of Claiborne and Wilkinson to Laussat, 2 Feb. 1804, see 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. 130.

   The enclosure is a copy of Cooper to Claiborne and Wilkinson, 4 Feb. 1804 (2 pp.), explaining that he had ordered the Exprès to anchor below Plaquemine on the opposite shore of the river. The captain did not obey the order, and when Cooper, who had been informed by several French officers that the crew was dissatisfied, saw a distress signal flying, he assumed it meant there was a mutiny aboard. To discourage any mutineers, he fired two shots two hundred yards to either side of the ship, which still did not move. He then headed toward the Exprès by boat, whereupon the cable of the ship either parted or was cut, after which the Exprès relocated in its designated station. Cooper could substantiate all this and repeated that he fired only because he thought there was a mutiny aboard.

   For a description of Claiborne and Wilkinson to Laussat, 9 Feb. 1804, which enclosed a copy of Cooper’s letter and an extract from Watkins’s report, see ibid., p. 132.

   The enclosure is a copy of Laussat to Claiborne and Wilkinson, 9 Feb. 1804 (2 pp.; in French; docketed by Wagner), acknowledging receipt of their 9 Feb. letter and stating that he was convinced by Cooper’s letter that the commandant had acted with little regard for the French flag or the French citizens on board but that he believed Cooper had no bad intentions. He hoped U.S. commanders would think better of behaving similarly in the future. Laussat warned Claiborne and Wilkinson that if they published a report of the affair full of false information, he would feel impelled to air publicly his complaints about U.S. treatment of the Exprès.

   See Claiborne and Wilkinson to JM, 7 Feb. 1804, and n. 3.


Title: To James Madison from William Kirkpatrick, 14 February 1804 (Abstract)
From: Kirkpatrick, William
To: Madison, James

14 February 1804, Málaga. Last wrote on 11 Jan. conveying “the unfortunate Information I had received of the Loss of the Philadelphia Frigate.” Now encloses a semiannual report of arrivals at Málaga to 31 Dec. 1803 [not found]. “Our Port, in consequence of orders from Madrid, still continues shut, altho’ every Symptom of the Epedemy that raged with such uncommon Violence from the end of September, ceased with the Year, no Vessels whatever being permitted either to Come into Port, or sail from it, and We are in the same manner Cutt off from all Communication With the inland Country; Which adds to the general calamity this unfortunate City has already suffered, and the worst is, it yet seems uncertain, when We will be freed of the Inconveniences We actually labor under, as it is said very little Credit is given at Court, to the Representations made by our Board of Health, and Governor.… I forward this Letter by a Vessel that has called in here from Barcelona, bound to Salem.”

   RC (DNA: RG 59, CD, Málaga, vol. 1). 2 pp.; docketed by Wagner; filed after December 1802.


Title: To James Madison from John Langdon, 14 February 1804 (Abstract)
From: Langdon, John
To: Madison, James

14 February 1804, Portsmouth. “Should Judge Pickering who is impeached before the Senate, be dismissed from office, I would beg leave to mention the name of John, Saml, Sherburne Esq for District Judge in his stead; this gentleman is as well qu[a]lified, in every respect, and I think better entitled to the Office then any other man in the State, that I know of. Mr. Sherburne set out yesterday for Washington to attend the trial of Judge Pickering agreably to the order of the Committee of the House of Representatives.”

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

   Federalist judge John Pickering, a Revolutionary War veteran of good reputation, had begun to lose his mental faculties several years before his impeachment. For a description of the impeachment proceedings that is sympathetic to Pickering, see Lynn W. Turner, “The Impeachment of John Pickering,” American Historical Review 54 (1948–49): 485–507.

   On 12 Mar. 1804 the Senate voted to remove Pickering from office (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 274). The articles of impeachment, along with lists of the senators voting for and against conviction on each article, are filed in the records of the State Department at the National Archives (DNA: RG 59, ML).

   On 22 Mar. 1804 Jefferson appointed John Samuel Sherburne, a man of “independent fortune” who had lost a leg in the American Revolution, district judge for New Hampshire (Langdon to Jefferson, 13 Feb. 1804 [DNA: RG 59, LAR, 1801–9, filed under “Sherburne”]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:466).


Title: To James Madison from Thomas M. Willing and Thomas W. Francis, 14 February 1804 (Abstract)
From: Willing, Thomas M.,Francis, Thomas W.
To: Madison, James

14 February 1804, Philadelphia. “In the year 1795 or 1796 at the Request of Mr James Leander Cathcart and Mr. Wollaston, we joined each of them in a Bond as security to the United State[s] for the sum of Five thousand Dollars.
“This security was required before their Commissions as Consuls could Issue.” Understanding that Cathcart’s commission has ceased and presuming his accounts with the government have been adjusted, they wish their security to be withdrawn and their bond canceled. “We wish also to do the same in the case of Mr Wollaston of Genoa—and that the Bond given for him may also be cancelled and Delivered up.” Their confidence in Cathcart and Wollaston remains unchanged. “The principal Motive in withdrawing our security for them, is owing to a Construction contended for on the part of the United States that such Bonds have a lien on our Estates.”

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


Title: From James Madison to Isaac Tichenor, 15 February 1804 (Abstract)
From: Madison, James
To: Tichenor, Isaac

15 February 1804, Department of State. “Your letter [not found] stating the deficiencies of the laws of the United States, which ought to have been received as the proportion of Vermont, duly came to hand. Those deficiencies appear to consist of the 2 Sessions of the 6th. Congress and those of the seventh. The laws of the last session have not been forwarded, owing to this river being shut up by the ice: those of the preceeding Session I have reason to believe, from the enquiries made in consequence of your letter, may have been lately received by you from Albany, whether [sic] they had been forwarded by the Collector of New York. Information has not yet been obtained where the laws of the 6th. Congress have stopped in their passage to your State, but care will be taken to ascertain it, and hasten their receipt.”

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

   For the State Department correspondence regarding the missing copies of the laws, see State Department clerk Stephen Pleasonton to Peter Muhlenberg, 19 Jan. 1804, and to David Gelston, 18 Feb. 1804 (ibid.), and Gelston to Muhlenberg, 25 Jan. 1804 (DNA: RG 59, ML).


Title: To James Madison from Alexander Richards, 15 February 1804 (Abstract)
From: Richards, Alexander
To: Madison, James

15 February 1804, New York. “I herewith inclose a Memorial, which you will please to lay before the President of the United States—as I am unacquainted with the mode of proceeding in such cases—you will attribute any informality to a want of knowledge, and not to a want of respect for the constituted authorities of the Government.”

   RC and enclosure (DNA: RG 76, Preliminary Inventory 177, entry 322, Spain, Treaty of 1819 [Article XI] [Spoliation], Misc. Records, box 3). RC 1 p. For enclosure, see n. 1.

   The enclosure is New York merchant Richards’s 15 Feb. 1804 memorial to Jefferson (3 pp.; docketed by Wagner) on behalf of Oliver Hecks and Henry Rous, master and mate of Richards’s schooner Beaver, detailing their rescue in 1802 of twenty-four shipwrecked Spaniards, whom they carried to Nuevitas in Cuba. Later forced into Holguín, Cuba, by their need for provisions, they and their crew were imprisoned for four months and the ship and cargo sold. Hecks, Rous, and one seaman sought restitution in Havana, where they were again imprisoned and still remained. Richards asked the president to interfere to obtain their liberty, their property, and indemnification for their losses and sufferings.


Title: From James Madison to James Monroe, 16 February 1804
From: Madison, James
To: Monroe, James

private
Dear Sir
Washington Feby 16. 1804
In a private letter by Mr. Baring I gave you a detail of what had passed here on the subject of etiquete. I had hoped that no farther jars would have ensued as I still hope that the good sense of the British government respecting the right of the government here to fix its rules of intercourse and the sentiments and manners of the country to which they ought to be adapted will give the proper instructions for preventing like incidents in future. In the mean time a fresh circumstance has taken place which cals for explanation.
The President desirous of keeping open for cordial civilities whatever channels the scruples of Master Merry might not have closed asked me what these were understood to be and particularly whether he would come and take friendly and familiar dinners with him I undertook to feel his pulse thro’ some hand that would do it the least impropriety. From the information obtained I inferred that an invitation would be readily accepted and with the less doubt as he had dined with me (his lady declining) after the offence originally taken. The invitation was accordingly sent and terminated in the note from him to me & my answer herewith inclosed I need not comment on this display of diplomatic superstition, truly extraordinary in this age and country. We are willing to refer it to the personal character of a man accustomed to see importance in such trifles and over cautious against displeasing his government by surrendering the minutest of his or its pretentions. What we apprehend is that with these causes may be mingled a jealousy of our disposition toward England and that the mortifications which he has inflicted on himself are to be set down to that account. In fact it is known that this jealousy particularly since the final adjustment with France exists or is affected in a high degree and will doubtless give its colour to the correspondence of the legation with its government. To apply an antidote to this poison will require your vigilant and prudent attention. It can scarcely be believed that the British Govt will not at once see the folly commited by its representative especially in the last scene of the farce and that it will set him to right in that respect. But it may listen with a different ear to suggestions that the U. S. having now less need of the friendship of Britain may be yielding to a latent enmity toward her. The best of all proofs to the contrary would be the confidential communica[tion]s you possess, if it were not an improper condescension to disclose them for such a purpose. Next to that is the tenor of our measures, and the dictates of our obvious policy; on an appeal to both of which you may found the strongest assurances that the Govt. of the U. S. is sincerely and anxiously disposed to cultivate harmony between the two nations. The President wishes you to lose no opportunity and to spare no pains that may be necessary to satisfy the British Administration on this head and to prevent or efface any different impressions which may be transmitted from hence.
I collect that the cavil at the pele mele here established turns much on the alledged degradation of ministers and envo[y]s to a level with charges. The truth is, and I have so told Merry that this is not the idea; That the President did not mean to decide any thing as to their comparative grades or importance; that these would be estimated as heretofore; that among themselves they might fix their own ceremonies, and that even at the presidents table they might seat themselves in any subordination they pleased. All he meant was that no seats were to be designated for them, nor the order in which they might happen to sit to be any criterion of the respect paid to their respective commissions or Countries. On public occasions, such as Inaugural speech &c. the Heads of Depts. with foreign Ministers, and others invited on the part of the Govt. would be in the same pêle mêle within the space assigned them. It may not be remiss to recollect that under the Old Congress, as I understand, and even in the ceremonies attending the introduction of the new Govt. the foreign ministers were placed according to the order in which their Govts. acknowledged by Treaties the Independence of the U. States. In this point of view the pêle mêle is favorable both to G. B. and to Spain.
I have, I believe already told you that the President has discontinued the handing first to the table the wife of a head of depment applying the general rule of pele mele to that as to other cases.
The Marquis d Yrujo joined with Merry in refusing an invitation from the president and has throughout made a common cause with him not however approving all the grounds taken by the latter. His case is indeed different and not a little awkward; having acquiesced for nearly three years in the practice agst. which he now revolts. Pi[c]hon being a charge only was not invited into the pretentions of the two plenipotentiarys. He blames their contumacy but I find he has reported the affair to his government which is not likely to patronise the cause of Merry & Y.
Thornton has also declined an invitation from the president. This shews that he unites without necessity with Me[r]ry he has latterly expressed much jealous[y] of our views founded on little and unmeaning circumstances.
The manners of Mistress Merry disgust both sexes and all parties. I have time to add only my affecte. respects.
James Madison

   RC, draft, and enclosures (DLC). Unless otherwise noted, italicized words and letters are those encoded by a State Department clerk and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:352 n. 1). RC decoded interlinearly. For enclosures, see n. 4.

   Underlined in RC.

   See JM to Monroe, 19 Jan. 1804.

   Draft inserts “with” here.

   The enclosures (4 pp.; in a clerk’s hand; in code; decoded interlinearly; docketed by Monroe) are copies of Merry to JM, 9 Feb. 1804, and JM’s reply of the same date (see Merry to JM, 9 Feb. 1804, n. 2).

   Interlinear decoding has “chargés d’affres.”

   Miscoded “pirehon”; interlinear decoding has “Pichon.”


Title: From James Madison to Elbridge Gerry, 17 February 1804
From: Madison, James
To: Gerry, Elbridge

Dear Sir
Washington Feby 17. 1804.
I have recd your favor of the 6th. instant inclosing a letter for Consul Lee which will be forwarded as you desire.
The copies of Talleyrands correspondence are returned to you under the same cover with this. As the Department of State is possessed of the originals, I see no objection to your retaining them.
It gives me pleasure to find that the proceedings of the administration continue to receive your confidence & approbation; and that the jealousies and discontents of others are yielding to the evidence of our public prosperity. The only event which can well check its course would be a serious collision with some of the Great powers of Europe, which I hope will be avoided. We have some points of consequence yet to settle with Spain, but an amicable settlement is at least as convenient to her as to the U. States. The conduct of G B. particularly in the case of impressments & blockades is not a little embarrassing. In Europe it is less outrageous with respect to both, than it was during the last war, and than it is now in the American quarter; and in general a more friendly disposition and a more liberal policy towards this Country is manifested. We hope therefore that some arrangements may be devised that will prevent not only extremities, but the necessity of measures tending toward them. The Administration in all its branches, is, I am persuaded, sincerely desirous to meet her on every conciliatory ground, and to make every sacrifice to peace & even to prejudice, which may be consistent with the honor and the essential interests of the nation.
I find that your letter of Ocr. 27. to the President was duly received. Accept dear Sir the great respect & esteem with which I remain your friend & Obedt. Servt
James Madison

   RC (NjP: Crane Collection). Docketed by Gerry: “James Madison Esqr / 17th Feby & answr / 1 Mar 1804.”

   Gerry to JM, 5 Feb. 1804.


Title: To James Madison from John Madison, 17 February 1804
From: Madison, John
To: Madison, James

Dear Sir
Charles Town February 17th. 1804
I have hear given you a few reflections on eloquence, the impressions of which I recieved from ancient history. I condemn them myself as being intermingled with simplicity. But when you take into consideration the unexperienced mind of their authr, and his little knowledge of humman nature, you may perhaps give them a better reception.
Their is nothing in a publick speaker of more advantage than elocution. If he possesses a sweet and persuasive eloquence he will never fail of gainin the attention of his auditors; he may amuse them for a short time with a gentle eloquence, and when he has their attention properly fixed he may lead into the field of argument without the least danger of loseing their attention.
But if the suject requirs a long discourse, and needs the aid of a lengthy train of sylogistical reasoning, it may perhaps appear to some to be tiresome and dissagreeable, and they may direct their attention to some other object. When he percieves this he may by the irresistable charms of oratory again call their attention, and again lead them to argument.
In Athens the orators war considered as the principle bulwark of the empire, and the defenders of the liberties of mankind, and may I not with truth and justice say frequently the cause of the declention and ruin of many a flourishing empir, and ensla[v]eing many a happy people.
The eloquence of Demosthenes far surpassed any other Grecian orator, his orations war calculated to pleas, persu[a]de, and improve. But they had rather a tendency [to] deprive his hearers of their free and independnt opinions, by their being addressed to the passion. When reflecting upon the natural defects which this great man had to cumbat with, and at length entirely overcame them, and the great [a]dvantage of eloquence, I am filled with hope, pursue my studies with ardour and look foward to the happy period when I shall be usefull to my cuntry.
I hav nearly compleeted the study of ancient history and am undetermined what to study next. I expect to go to my father in March.
Excuse my conciseness as I am pressed for Time. Give my compliments to m[y] aunt. Yours
John Madison
P. S Nothing would give me mor pleasure than to recieve from you a letter.

   RC (ViU). Docketed by JM.

   Demosthenes (ca. 385–322 B.C.) overcame the handicaps of a weak constitution and a speech impediment to become one of Greece’s greatest orators (Smith, Dictionary of Greek and Roman Biography and Mythology, 1:981, 982, 987).


Title: To James Madison from Robert Taylor, 17 February 1804
From: Taylor, Robert
To: Madison, James

Dear Sir
Feby 17th. 1804
Having been absent from home from about the first of January until the day before yesterday yours of the 22 ult: was not received before the last evening. As soon as the subject can be investigated by information from your brother & Mr. Barbour, my opinion shall be communicated. I thought it right to inform you the reason why the delay has occured. When you were at home last you requested a deed to be drawn for miss N. Madison to execute transfering a part of the lands in Kentucky held in her fathers name, it was drawn & forwarded to Majr. Hite to have executed whilst he was at your mothers. It has never been brought into court to be certified to Kentucky and you had better make enquriy [sic] about it in some letter to your friends. I have not heard whether your ice house is filled or not, but have no doubt but it is—mine is almost too full they have been so greedy. I am Yrs afftely
Robert Taylor

   RC (DLC).

   Letter not found.


Title: To James Madison from William C. C. Claiborne, 18 February 1804
From: Claiborne, William C. C.
To: Madison, James

Sir,
New-Orleans Feby. 18th. 1804
I have the pleasure to inform you that good order continues to prevail in this City, and I believe throughout the Province.
The people manifest great anxiety for some fixed Government, but evidence at present great respect for the existing authorities.
In my Judicial capacity I receive daily applications; I put off every case that can possibly admit of delay, in full expectation, that in two or three weeks I shall be informed that a regular Judiciary for Louisiana is established by an act of Congress.
After the cession of Louisiana to the United States, a number of speculators in Natch⟨e⟩z and in different parts of the Mississippi Territory, surveyed lands by permission of a Captain Videl (a late Spanish Commandant) in the District of Concord, and which they are now desirous of settling and improving. To a letter upon this subject which I received from Major Claiborne the present Commandant of Concord, I returned an answer of which the enclosed is a copy.
The lands in Concord are very valuable, and will command lucrative and immediate sales; I thought it my duty to continue them unincumbered with unjust claims until Congress should make some provision for the disposition of vacant lands in Louisiana. I have incurred greatly, the displeasure of these speculators, and I learn that they already unite in calumniating me; but if my conduct in this particular meets the approbation of the Executive, I shall not regard the abuse or censure of others.
The Spanish and French Commissioners and forces are still here; they continue to talk of a speedy evacuation, but I fear it will be still delayed for several weeks. All the archives are not delivered; so soon as they are received, we shall close the Commission, and I believe General Wilkinson will then return to the United States.
If after our commission is closed, Mr. Laussat and the Spanish Commissioners should remain in this City, I would wish to learn from you, whether I am still to view them as Diplomatic characters entitled to all the previleges of foreign Ministers. I wish your opinion upon this point, because I learn that several suits will probably be commenced against them so soon as it shall be known that our correspondence as Commissioners shall have ceased. Accept assurances of my high and respectful consideration
William C. C. Claiborne

   RC, two copies (DNA: RG 59, TP, Orleans, vol. 3); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). First RC in a clerk’s hand, signed by Claiborne; docketed by Wagner: “recd. 4 April / Settlements under Sp. grants.” Second RC marked duplicate. Enclosure not found, but see n. 2.

   For an earlier reference to this speculation in Louisiana lands, see Claiborne to JM, 7 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:387).

   Claiborne probably enclosed a copy of his 7 Feb. 1804 letter to his brother, Ferdinand L. Claiborne, stating that he considered the surveys made with José Vidal’s permission “as confering no Title either in Law or equity; these Lands are therefore in my opinion vacant.” Lacking the authority to dispose of government lands, Claiborne could delegate none to Ferdinand. The disposal of public lands would have to wait until Congress made “some permanent provisions for the … disposition of our newly acquired Territories.” Until then he was determined “to prevent the Settling of vacant Lands,” and he asked Ferdinand’s cooperation (Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:365).


Title: To James Madison from James Maury, 18 February 1804 (Abstract)
From: Maury, James
To: Madison, James

18 February 1804, Liverpool. “I have been confined many weeks by a most severe Rheumatism, which has rendered me incapable of writing. This is the Reason of my long silence as well on public as private account. I am beginning to recover. The Atlantic is arrived. Accept by [sic] best Thanks for your Consignment. Your Draft is honored. I received your letter & the pamphlets ⅌ Mr Cole, for which I am much obliged.
“This Day the King is said to be most alarmingly ill.”

   RC (DLC). 1 p.

   A November 1803 bill of lading signed by Edward Howe, master of the Atlantic, states that JM shipped twenty-one hogsheads of tobacco to Maury from Tappahannock, Virginia. The numbers assigned to JM’s hogsheads are listed in the margin of the bill, which Howe notes was one of three such bills issued at the same time (ibid.; 1 p.).

   Letter not found, but it was probably carried by Isaac Coles (see JM to Livingston, 11 Nov. 1803).


Title: To James Madison from Elias Vander Horst, 18 February 1804 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

18 February 1804, Bristol. Has not heard from JM since he last wrote on 10 Feb. “by this Conveyance.” “I have now but a moment to enclose you two of our latest news papers by which you will, among other Articles of Intelligence in them, observe Accounts of the present alarming Illness of his Britannic Majesty, and which it is universally believed is of the most serious Nature.” Adds in a postscript that the original was sent by “the Ship Superb Captn Hammond Via Norfolk.”

   RC (DNA: RG 59, CD, Bristol, vol. 2). 1 p.; marked “Duplicate”; docketed by Wagner as received 15 May.


Title: From James Madison to William C. C. Claiborne, 20 February 1804
From: Madison, James
To: Claiborne, William C. C.

Sir.
Department of State, February 20th. 1804.
Since my last I have received your letter of the 17th. of January, with two from yourself and Genl. Wilkinson of the 16th. & 17th. January and the other papers inclosed. The arrival of the French Troops and passengers is a circumstance to be regretted on several accounts. The steps taken and contemplated in consequence of it are approved by the President, and it is hoped will lead to a satisfactory result. I have communicated the subject to Mr. Pichon, who is disposed to free the United States as far as he can from the burden of supporting these objects of humanity, as well as to promote their departure. The Bill providing a Government for Louisiana is still depending. That relating to its commerce and navigation has passed, and will of course be transmitted from the Treasury Department. You will learn from General Dearborn, the views of the President on the subjects connected with the War Department. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13).

   Letter not found.

   “An Act for laying and collecting duties on imports and tonnage within the territories ceded to the United States, by the treaty of the thirtieth of April, one thousand eight hundred and three, between the United States and the French Republic, and for other purposes” was signed by the president on 24 Feb. 1804 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:251).


Title: To James Madison from William C. C. Claiborne, 20 February 1804 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

20 February 1804, New Orleans. “The citizens of Louisiana passing by water to the United States or to Europe, have requested of me passports or letters of protection. No instructions having been given me on this subject, I have acted with some reluctance; but upon the exercise of my best judgment I thought the request was reasonable, and have given to such applicant an instrument of writing, of which the inclosed is a copy, provided the applicant had previously, by his own, and the oath of another person taken before a Notary Public, proved that he was, before, and on the 20th. of December 1803, (the day on which the Province was surrendered) an inhabitant of Louisiana. The attestation or certificate of the Notary, I have uniformly annexed to the passport.
“I am thus particular on this point, under an expectation, that if there is any thing wrong in the proceeding, you will inform me thereof.”

   RC, two copies, and enclosure (DNA: RG 59, TP, Orleans, vol. 3); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). First RC 2 pp.; in a clerk’s hand, signed by Claiborne; docketed by Wagner as received 4 Apr. Second RC marked duplicate. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:377–78. For enclosure, see n. 1.

   The enclosure (2 pp.; docketed by Wagner; printed ibid., 1:379) is an example of the form of a passport issued by Claiborne.


Title: To James Madison from Fulwar Skipwith, 21 February 1804
From: Skipwith, Fulwar
To: Madison, James

Dear Sir
Paris 21st. Feby. 1804
From the first arrival of Mr. Livingston in Paris, I have been fully sensible, and am now as sensible as a man can be, of the deference, duty, & respect I owe to him as the Minister & Representative of the United States. I have not yet ceased to feel that harmony, & not discord, between his public proceedings & mine here is the return that I, at least, owe our Government for the trusts it has confided to my care. To maintain uninterrupted this harmony I have never one moment ceased to sacrifice at the shrine of what has appeared to me to be public good, many & honorable private feelings of discontentment at our Ministers treatment of my official character in this Country. To preserve this harmony, if I knew the sacrifice that could be made towards it, save that of becoming the passive Instrument of his vanity, save also the dreadful alternative of bending to the views of some corrupt & designing Claimants, most chearfully would I make his desires, his orders, the implicit & peremptory standard of my public conduct. But the Ministers late unexpected and extraordinary treatment of me, both as a Gentleman, and as an Agent of the United States, in presence of Mr. Marbois, the Minister of the Public Treasury, leaves me little hope of my being able to move with his support, & by his directions, to the advancement of public good. I owe it to myself, if not to the President, Sir, to lay before you a faithful & candid history of that painful & auxkward [sic] scene; and this, I cannot perhaps better perform than by here submitting a Copy of the letter which while the facts were fresh upon my memory, I thought proper soon after to write to the Minister himself.
The motive, the circumstance, & the only one which gave rise to my visit to Mr. Marbois was this. Within a very short time past, our Board had rejected certain claims. Some of the Individuals claiming therein had called upon me under the 10th. Art. of the Convention, to exercise forthwith the Power thereby granted to the Agent, of concurring, or not concurring with the french Bureauxs, in the requisite qualifications; as a duty imposed on me in relation to their own rejected claims; and as a right belonging to them of appealing to the french Government in case of my dissent of opinion from those Bureauxs. As, by virtue of the 6th., 7th, & 8th. Articles of the same Convention, the right of our Commission is positively & exclusively to certify the Claims that ought to be admitted to liquidation, the doubt originated, & did strongly operate upon my mind, whether I should exercise the Power, however clearly invested with it, by the 10th. Art., of controuling the rejection of the Commission: A case which probably the Framers of the Convention did not foresee, & which would evidently result from the circumstance of my concurring with the french Bureauxs in opposition to the rejection of the Board, as well as by my approving the decission of the Board in opposition to the french Authorities. A Power like this in the Agents hands is novel & formidable, the exercise of it, under existing circumstances, must at least prove delicate & painful to the Individual, who holds that office, because it places him alone & unsupported in direct conflict with the designs & interests of a set of the most interested, artful, & corrupt men that ever disgraced our Country. Men, who by the gross & shallow means of flattering the Ministers blind & insatiable vanity do, with his approbation, if not under his criminal patronage, daily heap calumny & insult upon both the Board & myself, for the undisguised purpose, should neither misrepresentation, nor the avowed efforts of the Minister Succeed in obtaining our removal, of securing the ultimate decission of the French Government in favor of certain claims of great amount, not embraced by the Convention. The sole motive of my visit to Mr. Marbois, I say, Sir, was to see, if by his construction of the 6th. 7th. & 8th. Articles of the Convention I could reconcile my duties, my powers of controuling the rejections of the Board, if indeed he thought me possessed of that right, with the Powers, nay the utility, if not existence, of our Commission. I was far from suspecting that the Minister, when he entered Mr. Marbois Cabinet, would be offended at the nature of such an investigation, and still less did I immagine that he would abruptly interrupt the progress of it. On the contrary, I did really suppose he would willingly enter into the discussion with us, & I do still think it was little & impolitic in him not to have done it.
In vain will Mr. Livingston endeavor to prove, & devoid of foundation does he assert, that I ever treated him with disrespect or any want of attention. Untill I found his Cabinet, his Sallon, his Table, his person, constantly infested either by mortal Enemies of our Government, or by some characters like Mr. Swan, who has had the matchless effrontery to say to the Minister & his Family in presence of several Americ⟨ans⟩ that it was a trick in our Government to continue him longer here, that they did it because they were jealous of his Fame, & were fearful that by returning to his Country he would be elected to the vice Presidency. Untill, I add, that the malignant & unjust denomination of a Virginia Faction in Paris had been long uttered by himself by his Family, & proclaimed by the unprincipled Individuals, who watch & carress all the moments of his drunken vanity, I paid him every deference, every personal attention in my power. I did more, I never failed ’till it was too late to warn him against his worst political Enemies, indiscreet friends, & those men particularly here, who under the mask of praising him, & thereby engaging him as a partizan in the support of their private interests, were artfully fanning the flame of his irritation & of his suspicions against the Board & myself. The habitual the daily expression of this irritation & these suspicions have not yet ceased to direct the tongue of calumny & the grossest misrepresentation of all the actions of the Board, as well as of myself, of our characters as men, to the ears of every Being in Paris any way connected or acquainted with either the United States or their Government. While here writing, the same malicious Spirit that organized a Committe & various meetings at the Boston Hotel to traduce us, & deceive the Minister, is publicly setting about a Memorial or rather a diatribe against our proceedings to be addressed to the Minister of the Public Treasury.
The proceedings of the Board I may here leave unnoticed they are, & will be, regularly, I have no doubt, brought before our Government, by the Board themselves. If either blame or guilt can or ought to be attatched to my conduct as an agent under the Convention, the President, I trust, will sum up the evidence of my misconduct from facts, & not from the pen of our Minister. If in the discharge of my duties as Commercial agent, I have been remiss, your Department must be amply possessed of proofs offered by myself, for as well with our Minister, as with this Government, have I kept you informed of all my transactions.
But, Sir, if I have any discernment left me, I see plainly in the Ministers conduct & movements here, an unnatural forgetfulness of his own high station, and in the present instance, the wilful desire of causing error & vanity to triumph over principle & justice—or why, his ungenerous suspicions, his irrascible machinations towards the Board & myself? In the painful execution of a Convention, where our respective duties seem to be at variance with each other, where we are sensible beyond the shadow of a doubt, that a portion of claims, perhaps the most intitled to the protection of our Government, are from their nature & progress, if not from the tenor of the Convention insecurely provided for; why, let me add, should the Minister set open the thousand mouths of Clamour & Calumny, because a monster of a thing called a conjectural note has not prima facie been liquidated, & paid off. You would have felt displeasure, the President would have felt pain, & we here, though the passive instruments of the law, would have felt ashamed, Sir, to have seen the 20 millions appropriated exclusively (by far the greater portion at least) to the payment of Speculators & rich Contractors, while Prize causes & an hundred Individual Claimants in the United States, who have been waiting for information from their Government, should be left unnoticed & unheard. My sense of decency, my opinion & attatchment to those who compose our Government, my thorough knowledge of two of the men, who signed the Convention, Mr. Monroe, & Mr. Marbois have uniformly demonstrated to my mind that their only desire could be to see the 20 Millions equally divided. There needs only the authority from our Government, and the expression of a desire from a candid Minister here, in my opinion to have it so.

I have said enough, & I am afraid too much, Sir, on these several topics to you. I have still somethings more personally applying to me that I cannot forbear adding. The brazen mouth of Slander may possibly circulate that I have some selfish interest in finding fault with the Convention, & promoting the idea that it might be modified, to the end that all fair Claimants should be put on the same footing. The fact is precisely the reverse. I have and can always shew incontestable proofs of the contrary. My own Claim of 111,000.₶ which seven years ago I gave 20/. in the pound for, & the laying out of which has ever since kept me poor, is among the first on the conjectural note, & besides, has been certified by our Commission, & is liquidated, Principal & Interest by the French Council of Liquidation. Though I am proud to assert that no sordid or selfish motive can be fairly traced by the eye of malice itself in any part of my public conduct through life, ’tis not my vanity, which prompts me to mention the foregoing fact. I mention it because there is no extravagant falsehood, which is not circulated here, & may not by the same malicious Spirit be propagated in the United States both respecting me & the Board. With sincere sentiments of attatchment & respect I have the honor to remain, dear Sir, Your mo. Ob. Servt.
Fulwar Skipwith
P. S. 23d. Feby.
I have this day received from the Minister in answer to the foregoing a long letter dated the 22d.; Copy of which with my reply I shall hasten to forward. You have also a Copy of my letter to the Council of Prizes with their decission on it respecting the delays & formalities in the appearance of the Captors, which leaves no hope of the Prize Causes now depending, in case of acquittal, being in time to receive the benefit of the Convention.

   RC and enclosures (DNA: RG 59, CD, Paris, vol. 1). For surviving enclosures, see nn. 1, 4, and 6.

   The enclosure is a copy of Skipwith to Livingston, 18 Feb. 1804 (6 pp.), stating Skipwith’s view of the 16 Feb. 1804 incident in which Livingston objected to Skipwith’s meeting with Barbé-Marbois. He wrote that he had often consulted with Barbé-Marbois over the years and did not believe that by initiating the meeting, dealing as it did with Skipwith’s duties under the convention, he had overstepped his bounds. He added that if Livingston was displeased with his behavior, he should deal with the matter by replacing Skipwith and not by insulting him before a foreign official. He reminded Livingston of other occasions on which Livingston had wounded Skipwith’s feelings and insulted his character and referred to their last conference, at which Livingston had told Skipwith he was to communicate with the U.S. government only through Livingston, a view which Skipwith rejected. Skipwith stated that he had always endeavored, as agent under the convention, to keep the French and U.S. governments apprised of any attempts to apportion funds unfairly. Livingston need have no concern that Skipwith’s letters had influenced the U.S. government’s opinion of Livingston’s abilities, since they had never been answered or acknowledged. If commercial matters had, as Livingston stated, been crowding the minister’s desk, Livingston could have sent them to Skipwith. Since their offices were over two miles apart, Skipwith could hardly be expected to drop by Livingston’s office to see whether anything was being held for him. Skipwith added that the U.S. government would judge whether or not he had done his job well.

   For the text of the Claims Convention of 1803, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:516–23.

   For Skipwith’s claims, numbered 113–17 on the conjectural note, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 6:172–73.

   Skipwith enclosed a copy of Livingston to Skipwith, 20 Feb. 1804 (13 pp.), replying to Skipwith’s 18 Feb. letter. Livingston disputed Skipwith’s account of the conversation that passed at the meeting with Barbé-Marbois. Livingston recounted that he had told Barbé-Marbois that Skipwith, an inferior officer, should have brought any questions regarding the convention to Livingston. When Skipwith interposed that he had often asked Livingston and received no answer, Livingston responded that he had not seen Skipwith for four weeks. Livingston then refused to participate in a meeting initiated by Skipwith, and Barbé-Marbois agreed that such a proceeding was unusual. Livingston refuted, point by point and in detail, several other issues and expressions in Skipwith’s letter. He disputed Skipwith’s claim to longstanding friendships with French officials and pointed out that the American interpretation of the treaty, received through Livingston, should be more important to Skipwith than the French. Livingston added that Skipwith had lately been avoiding his weekly open houses, depriving himself of the opportunity to make important acquaintances. Livingston went on to support in detail his contention that any communication with the U.S. government by inferior officers should be made through him.

   Enclosure not found.

   The enclosure is a translation of Skipwith to Théophile Berlier, president of the Council of Prizes, 27 Nivôse an XII (18 Jan. 1804) (3 pp.), in which Skipwith noted that among the prize claims covered by the convention were many for ships that had been seized in the West Indies. Orders to forward the necessary papers had been sent to the islands, but the papers still had not been received. Since communications between the islands and France had been made almost impossible by the war, the one-year time limit imposed by the convention for the submission of claims would deprive many claimants of the rights that the convention intended them to have. He asked the council to postpone the effective date of several of their decisions to prevent this. Skipwith also enclosed a translation of Berlier’s 25 Pluviôse an XII (15 Feb. 1804) reply (1 p.), stating that the council could not change the established procedure and enclosing a copy (3 pp.) of the notes of the council’s deliberations.


Title: To James Madison from James Gillespie, 21 February 1804 (Abstract)
From: Gillespie, James
To: Madison, James

21 February 1804, House of Representatives. “Some time past I called at the office, at the request of A Mr. Hall printer of Wilmington N C, he is desirous to publish the Acts of Congress in his weekly newspaper.
“I use the freedom to State that the Wilmington Gazette has A more general circulation And is conducted on better principles; than any other paper, in those divisions of our State bordering on the atelantic; and a general promulgation of the laws there will have a good Effect in the minds of many.”

   RC (DNA: RG 59, Miscellaneous Letters Received regarding Publishers of the Laws). 1 p.; docketed by Wagner: “Mr. Hall recommended to print the laws in N Carolina.”

   Federalist congressman James Gillespie (1747–1805) was born in Ireland, fought in the American Revolution, and served in the North Carolina House of Commons and state council as well as in several other state positions (Powell, Dictionary of North Carolina Biography, 2:299).

   Allmand Hall printed the weekly Wilmington Gazette, which has been described as “independently Federalist,” from 1797 to 1808 (Stewart, Opposition Press of the Federalist Period, pp. 883, 884; Brigham, History and Bibliography of American Newspapers, 2:780–82).


Title: To James Madison from Anthony Merry, 21 February 1804 (Abstract)
From: Merry, Anthony
To: Madison, James

21 February 1804, Washington. “On the day when I had the Honour to receive your Letter of the 18th Instant respecting a young Man of the Name of Alexander McEllo⟨ee⟩, stated to have been pressed out of an American Vessel into His Majesty’s Sloop Pelican, which Ship was said to be at present in Hampton Roads, a Letter had reached me from His Majesty’s Consul at Norfolk without any Advice of the Arrival of that Ship, which he would hardly have failed to have reported to me. In order, therefore, to have the Honour of replying, Sir, more positively on this Subject, I have waited for the Arrival of another Post from Norfolk, and since it has brought me no Information in Regard to the Ship in Question, I must conceive that what had been stated to you of her being actually in Hampton Roads must be ill-founded. Whilst this Conclusion is corroborated by a Reference to a List, which I possess, corrected up to the Month of November last, of the Destination of His Majesty’s Ships that are in Commission, and by which it appears that the Pelican Sloop is employed on a different Station. I have therefore no other Means of paying, on this Occasion, that Attention, Sir, which I shall always hasten to shew to every Object recommended by You, than by transmitting a Copy of your Letter to His Majesty’s Government by the earliest Opportunity, as well as to the Commander in Chief on the Station, where the Pelican is presumed to be.”

   RC (DNA: RG 59, NFL, Great Britain, vol. 3). 2 pp.; in a clerk’s hand, except for Merry’s complimentary close and signature.

   Letter not found, but see John McElwee to JM, 13 Feb. 1804.


Title: To James Madison from Chandler Price, 21 February 1804 (Abstract)
From: Price, Chandler
To: Madison, James

21 February 1804, Philadelphia. Encloses Governor Claiborne’s certificate of protection for Pierre Porteaux, “an Inhabitant of the newly acquired Teritory of Louisiana.” “He is on his way thus far to London to seek redress of some losses & is desirous to avail himself of the protection of the Government of the United States.” Hopes JM will “add such Acceptance or Approval, or a Certificate in any other form, as may be deemed proper and sufficient to protect the person of Mr Porteaux on the high Seas & elsewhere.”
“Permit me to observe Sir, that it will be very flattering to the Louisianians to feel themselves under the protection of the Government of the United States.” Expects that JM will return Claiborne’s certificate “with such other” as JM “may be pleased to grant.”

   RC (DNA: RG 59, Preliminary Inventory 15, entry 509, Letters Requesting Passports, 1791–1910). 2 pp.; docketed by Wagner.


Title: To James Madison from William Willis, 21 February 1804 (Abstract)
From: Willis, William
To: Madison, James

21 February 1804, Madrid. “Mr Leonard about fifteen days before I left Barcelona gave me to understand that he had a secret Commission to Execute independent of his Consular power and that it regarded me and as he had several times hinted as much on his arrival. I told him that if he had any thing to execute on me he must do it immediately as I was going away for this and other reasons I advertis’d in the public papers on the 20th of last month that I was go[ing] to leave Barcelona. I remained untill the first of this Month in Barcelona. I send you enclosd the advertisement [not found]. Many things seem a mistery to me. What has become of the orders given to arrest me I do not know nor why they have not been executed has never been explained. I am now coming on to Washington and am confident the Vilany and falshoods of my Enemies will be made manifest, and that my Innocence protect me from c[e]nsure on a full investigation of the Matter before you & the president. Mr Pinckney informs me Spain has agreed to the sale of Louisiana.” Adds in a postscript: “I hope to retain my office in Barcelona as my affairs will now admit of my executing the office to advantage to my Country and myself.”

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


Title: To James Madison from Charles Pinckney, 22 February 1804
From: Pinckney, Charles
To: Madison, James

Dear Sir
February (22) 1804 In Madrid
Mr Willis the late Consul at Barcelona has just arrived here in this City & informs me he concieves it indispensibly necessary to his honour & Character that he should proceed immediately to Washington to exculpate himself from the Charge brought against him & particularly with respect to the fabrication of false Papers & I have told him it is his only remedy & that I am sure it will give the Government real pleasure to see him able to do so because it must be very disagreeable indeed to them to suppose that any officer particularly a Citizen of the United States who was placed in the highly confidential situation of a Consul at a large maritime port to guard our commercial rights & detect fraud, & impositions should himself be charged as the Promoter or cause of them.
I inclose a triplicate of Mr Cevallos’s Letter to me renouncing & withdrawing his Catholic Majesty’s Objections to the sale of Louisiane by France & am now writing you by another Opportunity. To the President I always request to be affectionately presented & I remain with my best wishes & respectful regard Dear Sir Yours Truly
Charles Pinckney

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 6A). RC docketed by Wagner as received 16 Mar. For enclosure, see n. 1.

   The enclosure is a copy (2 pp.; in Spanish; docketed by Wagner as received in Pinckney’s 22 Feb. 1804 dispatch) of Cevallos to Pinckney, 10 Feb. 1804. For a summary of the letter, see Pinckney to JM, 12 Feb. 1804, n. 1.


Title: To James Madison from Richard Willson, 22 February 1804 (Abstract)
From: Willson, Richard
To: Madison, James

22 February 1804, Washington. “I hope you have made it Convenient before this, to lay your hands on the letters written to his Excellency the President, by the Honble. Robert Wright and Joseph H Nicholson Esquires, in my favor. And as I am about to depart from hence, perhaps never to return, finding it vain to expect any employment under the present administration, I feel a desire to carry those letters with me as a testimony of the estimation in which I am held by old Acquaintances.”

   RC (DLC). 1 p.

   Revolutionary War veteran Richard Willson of Queen Annes County, Maryland, had solicited an appointment to any office in 1801 and to the position of congressional librarian in 1802, at which time he offered letters of recommendation from representatives Joseph H. Nicholson and Robert Wright of Maryland. He later obtained a position as clerk in the treasurer’s office (Willson to [Jefferson], 15 Oct. 1801; Willson to [Jefferson], 26 Jan. 1802; Willson to [JM], 28 Jan. 1802; testimonial of Thomas Tudor Tucker, 13 June 1807 [DNA: RG 59, LAR, 1801–9, filed under “Willson”]).


Title: To James Madison from the Claims Commissioners under the Jay Treaty, 23 February 1804
From: Claims Commissioners under the Jay Treaty
To: Madison, James

Sir,
Gray’s Inn Square February 23rd. 1804.
We have the Honor to inform you that this Board having finally acted upon every Complain⟨t⟩ preferred to it under the Seventh Article of the Treaty by duly executing and delivering Awards against the respective Governments in favour of such Complainants as appeared to them to be entitled to Compensation, and by rejecting and dismissing such Complaints as appeared to them not to be so entitled, and having transacted and concluded all other Business depending before them, has this Day closed its Sessions, as will ⟨appear⟩ by ⟨the wi⟩thin Extract from its Journals.
We have the Honor also to enclose Copies of two Orders of the Board, extracted from the Journal of its Proceedings of this Day, relative to the Disposition to be made of its Books and Papers, and to a Su⟨r⟩plus of advances made by the two Governments for defraying the Expences of the Commission. We have the Honor to be, with the most perfect Consideration and Respect, Sir, Your most obedient hum⟨bl⟩e Servants
Jno: TrumbullMaurice SwabeyJohn AnsteyC. GoreWm. Pinkney

   RC and enclosures, two copies (DNA: RG 76, Preliminary Inventory 177, entry 179, Great Britain, Treaty of 1794 [Article VII], Unbound Records); Tr and Tr of enclosures (DLC: Monroe Papers). First RC in a clerk’s hand, signed by the commissioners; docketed by Wagner as received 10 Apr. Second RC marked duplicate. First RC torn; words and letters in angle brackets are supplied from the second RC. For enclosures, see nn.

   The enclosed extract (2 pp.; docketed by Wagner) from the journal of the board documents a motion made and passed at a 23 Feb. 1804 meeting that, having acted on every complaint presented to it, the board “close its Sessions by a final adjournment.”

   The enclosures are (1) a motion relative to the disposition of the books and papers of the board (2 pp.; docketed by Wagner; printed in Moore, International Adjudications, 4:153–54), directing that two copies of the board’s journals and the original and two copies of the assessors’ reports in cases against Great Britain be sent to the American minister, that the original journals be deposited with the British commissioners, and that the original and a copy of the assessors’ reports in cases against the U.S., with records of awards made since 1802 and all the board’s other books and papers, be deposited with James Western, “or such other Person as the British government may approve,” for the use of all interested parties; and (2) an order that surplus funds advanced for expenses be returned to the two governments (2 pp.; docketed by Wagner; printed ibid., 4:158).


Title: To James Madison from Joseph Bloomfield, 23 February 1804 (Abstract)
From: Bloomfield, Joseph
To: Madison, James

23 February 1804, Trenton, New Jersey. “I have the honor to transmit to the office of the department of the Secretary of State, an attested copy of ‘An Act to ratify an Amendment of the Constitution of the United States,’ on the part of the State of New Jersey.”

   RC and enclosure (DNA: RG 11, U.S. Documents Having Legal Effect, Ratified Amendments). RC 1 p. For enclosure, see n. 1.

   The enclosure (4 pp.; docketed by Brent) is a copy of the act of the New Jersey legislature ratifying the Twelfth Amendment, certified by Governor Bloomfield.


Title: To James Madison from Nathaniel Macon, 23 February 1804 (Abstract)
From: Macon, Nathaniel
To: Madison, James

23 February 1804, Washington. “I am directed by the House of Representatives to transmit you the enclosed report of a select Committee, together with the papers which accompany the same. Permit me to ask you whether you some time since received from me the act of Ohio ratifying the proposed amendment to the constitution of the U. S.”

   RC (DNA: RG 11, U.S. Documents Having Legal Effect, Ratified Amendments). 1 p. A note on the verso in Wagner’s hand reads: “The Resolution passed on the 22 Feby. 1804. / 24 Feby 1804 sent the resolution & accompanying papers to the Prussian Consul at Charleston (S. C).” Enclosures not found, but see n. 1.

   JM’s 24 Feb. 1804 reply (see n. 3, below) indicates that Macon enclosed a 22 Feb. 1804 resolution of the House of Representatives and a committee report on several communications of 25 May 1803 received from the council of directors of the city of Memel, East Prussia, stating that Carl Melville of that place, who had moved to Charleston, South Carolina, in 1799 and was indebted to the council for two bills of exchange amounting to 24,709 florins, was believed to have died wealthy “some time ago.” The directors asked Congress to provide them with “such information as the nature of the case will admit,” offering “a reciprocation of services.” The House resolved that the letters be transmitted to JM with a request that he forward them to the Prussian consul at Charleston (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 940, 1043). On 29 June 1804 the directors wrote again, enclosing supporting documents for the claim of the local comptroller against Melville (William Lambert to Jacob Wagner, 5 Nov. 1804; Lambert to JM, 11 Jan. 1805 [DNA: RG 59, ML]).

   Filed with this letter are a transcription (1 p.) signed by John Beckley of the 16 Jan. 1804 House resolution that Macon be requested to transmit to JM “the letter from Edward Tiffin, governor of the state of Ohio, inclosing a certified copy of an act of the legislature thereof, declaring the assent of the said legislature” to the Twelfth Amendment; Edward Tiffin to the Speaker of the House of Representatives, 2 Jan. 1804 (1 p.), covering a certified copy of the act of ratification of the Ohio legislature (3 pp.); and a copy of the 30 Dec. 1803 resolution of that legislature (1 p.) that the act be transmitted to the Speaker of the House.

   On 24 Feb. 1804 JM replied: “Yesterday I had the honor to receive with your letter of the same day, the report of a select Committe[e] on the communication of the Council of Directors of Memil to Congress, together with the papers accompanying the same, and shall pay attention to the execution of the resolution of the House of Representatives passed thereon. I avail myself of this occasion to signify the receipt from you of the act of Ohio ratifying the proposed amendment to the Constitution of the United States” (DNA: RG 59, DL, vol. 14; 2 pp.).