Title: To James Madison from Daniel Brent, 14 September 1802
From: Brent, Daniel
To: Madison, James

Dear Sir,
Washington, September 14. 1802.
Your two letters of the 7th Inst. reached me yesterday, with the several enclosures to which they refer. The letters to Mr Fitzsimons and the Boston Commee. of Merchants are sent on, copies having been first taken for the Office: A Copy likewise of that to Higginson and others was forwarded to Mr Fitzsimons. I have not heared a word about the french negroes arrived at New York, since the date of my last, nor of any measures on the part of the Commanders of the frigates to prevent their dispersion within this Country. General Dearborne is equally uninformed on the subject. Mr Pichon is still at New York. I learnt from him, before his departure, that the Interdiction to land these Negroes at Carthagena, whither they were sent from Guadaloupe, had been altogether unforeseen, and that the Commodore of the Squadron, in consequence thereof, immediately dispatched one of the frigates under his Command to Guadaloupe for orders, to be brought to him at New York, where he has since rendezvoused. Mr Pichon told me also, as no orders were then received from Guadaloupe, he should send the vessels and negroes to france, and I suppose he is now taking measures for that purpose. Under these Circumstances it is hardly worth your while, I presume, to give yourself any trouble on the occasion, ’till some formal Representation shall be made that may require the further Interference of the General Government. The Report concerning our Collision with Tunis has never been cleared up. The letter from Eaton, herewith sent, which came through Mr King’s hands (and was accompanied by Triplicates of his Correspondence, which you have seen, respecting the Rival Brother of the Bashaw of Tripoli) gives little or no satisfaction on this point. But Mr Gavino’s letter, herewith likewise forwarded, confirms the Truth of Another very unpleasant article of Intelligence—that of the Capture, by the Tripolitans, of an American Merchantman. The Dispatches from Mr Simpson consist of Duplicates & Triplicates of letters that you already have. The Navy Department has received no late letters from the Mediterranean. I have furnished Mr Brooks, at Boston, with an extract from Mr Bulkley’s letter, herewith sent, so far as it relates to the Schooner Samuel, in which he is interested. I am, Dear sir, with sincere esteem and Great Respect, Your Obedt & very faithful servt.
Danl Brent.

   RC (DLC). Docketed by JM.

   Letters not found.

   See Rufus King to JM, 23 June 1802, and n. 1.

   See John Gavino to JM, 8 July 1802.

   See Thomas Bulkeley to JM, 16 July 1802, and n. 3.


Title: To James Madison from James Maury, 14 September 1802 (Abstract)
From: Maury, James
To: Madison, James

14 September 1802, Liverpool. Has received JM’s letter of 17 June and will “make application in the manner you have been so obliging as to point out.” “Wishing much to have you furnished with the particulars of Imports & Exports as ⅌ your circular of 1st Augst 1801, I applied to the person who has the exclusive privilege of granting such information from this Custom House. He informed me … that he could not undertake it for less than sixty pounds ⅌ annum. I did not consider myself warranted to pay such a sum for it, & therefore have made it out in the best manner I could from such documents as I could obtain.” Encloses a statement for the six months ending 30 June [not found]. Most of the traffic is in exports by American vessels; “it may be said we monopolize that branch of the carrying trade.” Encloses an act of Parliament allowing the importation in American ships of “certain articles not the produce of the U.S.A. to be warehoused for exportation” until January 1804; “but it is important to the Merchants to know that Cotton not the produce of the U.S.A. can no longer be admitted in our vessels for home consumption as it was during the late war.”

   RC and enclosure (DNA: RG 59, CD, Liverpool, vol. 2). RC 2 pp.; in a clerk’s hand, signed by Maury; docketed by Wagner. Surviving enclosure (3 pp.) is An Act for Repealing Several Acts … Relating to the Admission of Certain Articles of Merchandize in Neutral Ships … (London, 1802), passed 22 June 1802.

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


Title: To James Madison from James Simpson, 14 September 1802 (Abstract)
From: Simpson, James
To: Madison, James

14 September 1802, Tangier. No. 50. “I have this day taken the liberty of drawing a Bill on you to order of Mr Edward Humphry, payable thirty days after presentation for Two thousand dollars, on Account of Sallary; which request you will be pleased to direct being paid. Including this Bill, I have since my appointment to this Consulate, drawn for Ten thousand dollars in all, on Account of Sallary.”

   RC (DNA: RG 59, CD, Tangier, vol. 1). 1 p.; docketed by Wagner as received 8 Apr. 1803.

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


Title: From James Madison to Thomas Jefferson, 15 September 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Sepr. 15. 1802
I have duly recd. yours of the 13th. I had been apprised of the application by the Mayor of N Y. for a guard. Considering as you do, that the federal Govt. have only an incidental connection with the case of the French Negroes, I have waited for more particular information concerning them, before writing to Pichon, who I learnt from Mr. Brent, and also from himself, was exerting himself to get them away. His plan was to ship them to France, but he was at a loss for the means. I had my fears that if prematurely pressed on the subject, it might lead to applications for aid. The mail of tomorrow, I hope will bring me from Mr. Brent an answer to some enquiries which will assist in framing a proper letter to him.
I am sorry to learn that Col. Monroe is so soon to leave Albemarle with his family. I had assured myself that I should see him on our visit to his neighbourhood, as your letter intimated that he would not leave it till tuesday next. We propose to be with you, accompanied by Dr. Thornton his lady & her mother, on saturday evening, and still hope, that the oppy. may not be lost. It will add to the satisfaction, to find Bishop Madison as well as Mr. Short at Monticello. I shall direct a commission to be made out for Mr. Cary to take the place of Mr. Reynolds. Yours as ever
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 16 Sept.

   See Brent to JM, 7 Sept. 1802. Pichon’s letter has not been found.


Title: To James Madison from Peder Blicherolsen, 16 September 1802 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

16 September 1802, Philadelphia. “The undersigned having received from his Court the enclosed ordinance, with an order to cause the same to be translated and made publicly known throughout the United States, he thinks it his duty respectfully to offer a copy of the translation to the Department of State previous to the publication.”

   RC (DNA: RG 59, NFL, Denmark, vol. 1). 1 p.; addressed “To the Department of State.” Enclosure not found.


Title: To James Madison from Richard O’Brien, 16 September 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

16 September 1802, Algiers. Acknowledges JM’s letter of 10 May “recd this day inclosed to me Open in one from Consul Gavino of the 30th. Of July.” Observes that while he will try to obtain such vouchers as are available, he can get none but what consuls of other nations get— “the Circumstances and System of transacting affairs in this Country will not admit of it.” This was fully explained in his dispatches to the State Department and in person to Pickering and Wolcott before he took up his post as consul at Algiers. Has Turkish certificates for the peace stipulations and the first two years of annuities and one for the “Settlement of The 4 years Annuities in November last as detailed in my dispatches & Statements which you acknowledge to have recd.” His November dispatches explain the disbursement and expenditure of money “so as to remove every difficulty on this Subject with the Secretary of the treasury.”
“You will please Sir to look at yr. letter which accompanied the 30 thousd dollars for the Cash payment of one yrs. annuities, and had I not there done as I did—The Amt. of The Cargo of the Washington would not have turned out to more on the annuities then The One half which it cost in Philadelphia—it was by my haveing it in my power On the Cash paymt to Bribe The Ministry &c. That gave me The Opportunity of Obtaining extra prices on the articles which Composed the Cargo of The Wn. & the Same System I had adopted in Settleing The peace Stipulations & the first 2 yrs. Annuities.”
States that a consul who comes to Algiers must give presents of $17,000 to $21,000 and perhaps more “to keep impending difficulties at a distance.” No receipt is given by the government. The biennial presents amount to $15,000 to $17,000 if procured in Algiers. “No receipts is given for the Same but they are noted in The books of the regency the time They are given So that they should know when they become again due. All other Occasional and extraordinary presents feese gratuities &c. of every description given by a consul to The dey Ministry &c. no receipts whatsoever for the Same is given—The Consul Only Stateing The motive and amt. and necesity he was under for So Doing to The Govt. he represents.”
Asks why an Algerine official would provide him with a receipt when “one did not know what the other did—nor yet knew What The other recd.… His receipt in my power … would be in this Country Equal to putting his life & property into my power & possesion.” Besides, business of this nature is managed through intermediaries such as the Jews, who move like “ferryboats between The Consuls, The dey and Ministry, on all like Occasions of Bribes gratuities &c. on great affairs would the Jews put Themselves in the power of the Consl. to give him receipts that They were a party in bribeing The ministry & that they recd. allso a gratuity for their Services and aid on the business.” In Algiers a person’s house and papers are subject to search and seizure, and discovery of vouchers such as those required by JM “would be The destruction of The Ministry Jews directory and all persons Concerned.”
Nor is it safe for a consul to record this business, although it is his official duty. “If discoverd. it might throw him into Chains And his Country into A Sudden and destructive War.” Thus, “this whole business Must depend On the Honour Honesty & Patriotism of The Consul.… If I have ever deviateing [sic] from my true Course in Studying & Steering for the interests of the UStates it has been owing to Contrary winds Currents &c. that would make & Oblige me to fall of[f] 3 or 5 points but whenever Circumstances permitted I Clung as Close to my Course as posibly in power and has never failed to detail the necesity of thus deviateing, to my Owners The Govt of The US—and I trust that on reviewing my whole conduct in this long Voyage to Barbary That They and all Concerned will Consider that I have not made them a bad voyage.”
When the present dey took the throne he demanded a present of maritime and military stores equal to the U.S. peace stipulation, but O’Brien and the Swedish consul managed to put him off, saving the government great expense. Observes that he also saved a valuable cargo of cherry wine carried by the brig Mary of Philadelphia. “I did my duty but those affairs with many others Seems to be buried in Oblivion in The department of State.”
“I shall presume to ask you Sir If you ever Seen the instructions which was given to me by the Ex Govt. for Conducting their affairs in Barbary.” The powers of a tributary consul to Algiers are difficult to define. He is to act for the interests of his country; “this Sir I have not deviated from So far as has been in my power in order to Save the peace & prevent The US. from a Sudden War.”
Hopes the presence of U.S. frigates in the Mediterranean will induce Tripoli to terminate the war. “But the Misunderstanding between the US. and Morrocco keeps ½ our Meditteranian force in the Vicinity of Gibraltir—this with the Success of the tripoli Corsairs in Captureing Swede &c Americans will induce the Pascha of tripoli to demand perhaps more then the Govt. of The US. has authorized to give. Further last yr. tripoli offered to make a truce with Commodore Dale but it was rejected.… If we now purchase the peace with tripoli it is The Same thing as giveing A bounty to Algrs & Tunis to do over acts and make extra demands.” Had his advice been followed, as detailed in his dispatches received by the State Department in December 1800, the war might have been avoided. For the U.S. to sue for peace after receiving “Such Gross insults” from Tripoli, “the most insignificantest power in The world,… must be Humiliateing & dishonourable in a great degree to The Citizens in general of a great & riseing nation—however all in my power Shall be done to Contribute to The will & desire of The President of The UStates.”
“Relative to keeping The dey of algiers in proper temper towards The UStates nothing Shall be Omited on my part,… but I am sorrow yr letter is so barren or makes no mention of The Vessel & Stores on the Annuities being forwarded for Algrs.… Those articles is much looked for &c. Expected—the detention of them at this crisis might leave it out of my power … to keep the dey & ministry in proper temper.” For intervening on behalf of the U.S. with Tripoli the dey “would expect a gratuity for his letter &c. Services—& he would first ask me where is the Stores on the Annuities.… Therefore I have not thought it good policy to wake a sleeping Lyon—it might be the means of avoiding A small evil and running us on to a great one—nor do I renounce the Orriginal Idea that the influence of Algiers with Tunis & Particularly with Tripoli—on or relative to our Affairs Should not be omitted or abandoned.”
Believes there will be some difficulty in the appointment of Cathcart as U.S. consul at Algiers for several reasons. First, in 1787 Cathcart received “500 Bastenados” for a transgression with a Moorish woman and would have lost his head but for the influence of Capt. George Smith. Second, the dey believes that in 1800 Cathcart intrigued with a Portuguese officer to defraud the pasha of Tripoli, and “all My reasoning arguments & Justification in favour of Mr Cathcart that he was innocent of this malicious Charge … could not Errace the idea or stain from the Mind of the dey.” Third, “it is not Customary at Algiers to receive a Consul that has been a Consul with A moorish govt. as Morrocco Tunis or Tripoli—Algiers being A turk govt. Considers it to be beneath their dignity.” Cites examples, such as the rejection of the Danish consul who had served at Tunis. “Under These Considerations which in general must be unknown to you and the president will not The appointment be Considered here more as an affair to insult & irritate Then to Consolidate friendship between this regency & the US.? … I do not pertend to Say that those objections Cannot be overcome,… but I have my fears that they Cannot be removed even in A temporary manner with out money and presents, perhaps—from 8 to 12 Thsd dollars.” Even if Cathcart should be received and the presents accepted, these objections would continue to be a pretense for removal.
“I Shall Secure myself with Such Vouchers as will in every respect Justify my conduct and prove that I left no Stone Unturned on my part to do What yr. letter of the 10th. of May requires—and Shall not Consider myself Justifyable in resideing Any longer in Algiers, if Mr Cathcart Shld. be rejected, Only in Case that my departure Should endanger the peace.” Has no desire to remain in Algiers, but Cathcart’s appointment “might throw me and yr affairs into a disagreeable Situation.” Will provide Cathcart or any other person the president sends “every information in my power relative to The Conducting in the best manner The affairs of the UStates with This regency—but Sir I think it incumbant on me to keep possesion of all My own papers, Journals dispatches &c. to Ansr. in A Chiefe respect As Vouchers & Testimony of My Conduct in this Country.”
Observes that the lack of funds “will be the ruin of our affairs—except The US establishes directly a Shure Credit Somewhere adjacent to Algiers Where the Consul will have it in his power to draw on.” Repeats his warning that if there should be peace between the U.S. and the Barbary States “it will be requisite to keep in this Sea 4 frigates—without them what Security from Barbary Caprice will A Valuable and Extended Commerce of the US. have.” The capture of the Portuguese frigates and the arrangement Spain made with Algiers in June were detrimental to the affairs of the Danes, Swedes, Dutch, and Americans, but the actions of the French in August have in some respects “humbled the pride of the dey.” Four Portuguese warships are cruising off Algiers, but none of the Algerine corsairs are at sea; the object of the Portuguese is “to try to Catch Some Algerine Corsair or Cargoes of Merchandize—or a load of turks recruits from the levant” in order to exchange them for the four hundred Portuguese captives in Algiers. The dey demands one million dollars ransom, “which with the Usual 15 pr. cent presents & comisions will amt to nearly 1½ Millions of dollars.” If Portugal should succeed in making peace “the W. Ocean is free to Them And our Commerce As well as other nations is exposed in both Seas.” Presumes under this consideration the president will see the necessity of keeping a U.S. squadron in the Mediterranean.
“You mention That my bill in favour of Capt Shaw is paid & one in favour of my mother for 200 dollars you will observe Sir that the first is a public affair The latter is a private one out of my salary.” Will draw on JM for the whole amount of his salary and wishes to be informed what sums are paid out of his salary by the State Department as he will want to pay a debt owed for money advanced to him on his private account.
Has reviewed his letters from the State Department and concludes that the U.S. government does not pay that attention to Barbary affairs “which The magnitude of the business requires.” JM’s letter of 10 May has left him without credit or word of the annuities. If this open letter had fallen into the hands of the dey “he would Conclude that the US. did not intend to Send the required Stores on the Annuities and had in a manner protested or Quarrenteened the accts. of yr. own agent.” This might have meant war with Algiers. Trusts that in the future “those requisite affairs—relative to Barbary will be fully attended to.” Should there be a war, “would not The US. make an Enquiry [in which] The Consuls dispatches & the letters he recd in Ansr. from The department of State would come before The Public That Great Tribunal which would Judge”? Informs JM that in Sweden, Denmark, and Batavia committees are established to aid the State Department on Barbary affairs. “I am in Some respects Sensible of the Multiplicity of business which you have to Attend to, but being fully Sensible of my official duty … I am under The necesity of Stateing to you those facts and Circumstances.… Our affairs with Barbary as yet has not been fully discused in order to establish A System. On my arrival at The departmt. of state I hope I shall be able to inform you of many particulars which will promote our affairs much in this Country.”
“The US. named first a Norfolk Capt as Consul for Algrs. he was not to be found, next Sent or named an ambasador he went to his long home. Next appointed Paul Jones he died in Paris. Next the mision of Mr Lamb and Randel well known to The prest. Presidt. next Col. Humphreys Mr. Donaldson Skjoldebrand Junior & Mr Barlow—Mr. famin Mr. Clarke as Charge des affairs—untill I have been the first Consul of The US. regularly established at Algiers.” His reasons for requesting a replacement are his bad health, the fact that the U.S. left him without funds or credit, and his young family, “which in Case of extraordinary events and the Custom of this barbarous Country would be The Victims of Slavery and Despotism.” Prays that JM will “View The purport of this long letter in a true and favourable light That nothing has induced me to its Contents—but to Serve and Contribute to The interests of The US.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 14 pp. Copy of RC (ibid.), in a clerk’s hand, is docketed by Wagner as received 19 May.

   See O’Brien to JM, 8 and 25 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:231–32, 272).

   JM to O’Brien, 21 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:212–15).

   On 22 Oct. 1800 O’Brien advised the secretary of state to send “a fleet of six of our best and fastest sailing frigates into this Sea, under the command of such an active man as Commodore Truxton” to forestall Tripolitan aggression (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)., 1:388–89).

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


Title: To James Madison from Josef Yznardy, 16 September 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

16 September 1802, Cadiz. Transmits copies of his letters to JM of 10 and 13 Sept. “The purport of the present is to inclose you Half of the Register of the American Ship Columbia of Glastenbury Capt. Samuel Naylor that has been Sold in this Bay; the other half the owner Mr. Elisha Hale takes with him to America.” Also encloses an affidavit of Capt. Mark Collins of the Fame, “which intelligence I do not loose a moment to communicate you.”

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 1 p.; in a clerk’s hand, signed by Yznardy. Docketed by Brent. Enclosures not found.

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


Title: To James Madison from Thomas Jefferson, 17 September 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 17. 1802.
I recieved yesterday your’s of the 15th. In the hope of seeing you here tomorrow I return no papers. I will pray you not to fail in your visit. I have recd a letter from mr. R. Smith disapproving of the countermand of the John Adams for reasons detailed; & one from mr. Gallatin disapproving of the original order for her sailing. (He had not then, Sep. 9. heard of the countermand.) The vessel now awaits our decision, which I have delayed till the next post, in order to consult with you on the subject. This renders it interesting that you should preserve your purpose of coming tomorrow, when I shall be happy to recieve your’s & Dr. Thornton’s families & friends. Bp. Madison is gone. Colo. Monroe was to go off yesterday; but I have not heard whether his family is gone or not. If not, he will be back on Tuesday. But I rather expect they are gone. Dr. Bache has broken up housekeeping, ready for his departure. Accept my affectionate salutations.
Th: Jefferson.

   FC (DLC: Jefferson Papers).

   For Jefferson’s order, see his letter to JM, 6 Sept. 1802, and n. 2. Smith replied on 14 Sept. that, since the crew of the John Adams had already been engaged and advanced two months’ pay, and a short delay might bring more certain news about the intentions of the emperor of Morocco, he was taking “the liberty to suspend the execution of your Orders until I Shall have the satisfaction of being favored with another letter expressing your determination” (DLC: Jefferson Papers).

   Gallatin thought that not only was sending an additional frigate unnecessary but “the appropriations for that object were exhausted” (Gallatin to Jefferson, 9 Sept. 1802 [ibid.]).

   For William Bache’s appointment as director of the Marine Hospital at New Orleans, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:70 n. 1.


Title: To James Madison from Robert Taylor, 17 September 1802
From: Taylor, Robert
To: Madison, James

Dear Sir
Septr. 17th. 1802
I received yours with the papers sent, but own that I do not sufficiently comprehend what it is expected Doctr. Rose is to convey to you to enable me to prepare the proper conveyance. I wish you would make a particular memo: so that no mistake can arise in drawing the deed—no copy of your fathers Will is in my hands. I still think you had better postpone the conveyance to Mrs. Rose until a division has been made when each can convey more definitely what is intended. I am Yr. affte friend
Robert Taylor

   RC (DLC). Docketed by JM.

   Letter not found. These papers probably pertained to the exchange of property pursuant to the informal addenda to James Madison, Sr.’s will that was challenged by the executor, William Madison (see JM to Isaac Hite, 24 Nov. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:268 n. 3).


Title: To James Madison from Edward Carrington, 17 September 1802
From: Carrington, Edward
To: Madison, James

Letter not found. 17 September 1802. Mentioned in Daniel Brent to Carrington, 22 Sept. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about land patents. Brent replied that he had opened the letter in JM’s absence and that “the patents in question will be compleated, and sent to you in a few days, the obstacle alluded to being now removed.” On 29 Sept. Brent wrote Carrington again (ibid.) explaining that the secretary of war could not certify one of the patents owing to “a defect in the survey of the 1367 acres of land, as this survey does not mention the parts of Warrants, Nos. 73 & 1792, respectively, which were taken for its completion”; he returned the documents for correction and added that the other patent for 1,000 acres would be sent after signature by Jefferson and JM.


Title: To James Madison from William P. Gardner, 18 September 1802 (Abstract)
From: Gardner, William P.
To: Madison, James

18 September 1802, Demerara. Reports his arrival on 14 Sept. after a passage of forty days from Philadelphia. Met with Nicholas Rousselet, the former U.S. consul, who informed him that the British governor had refused to recognize him in his official capacity because the Jay treaty “made no provision for the Residence of American Consuls in their foreign possessions.” Rousselet “further inform’d me that he has written to the Department of State ⟨by⟩ several Conveyances.” Has announced his arrival to the governor by the enclosed letter but deems it “inconsistent with the Dignity of the United states to repeat the Application” for recognition.
“The British have still possession of all the Dutch settlements on this Coast. They are now making preperations to evacuate this, as well as their other Conquests in this part of the Globe. Citizen Marteens, the new Governor, appointed under the Batavian Government is expected here in the Course of a very short time to take possession of the Colonies of Demerary and Essequebo.” The Americans in both colonies express satisfaction at the appointment of an American “and not a foreigner to represent their Nation.”

   RC and enclosure (DNA: RG 59, CD, Paramaribo, vol. 1). RC 2 pp. The enclosure is a letter from Gardner to Gov. Anthony Beaujon, 18 Sept. 1802 (1 p.), announcing his arrival but declining to present his commission because of the governor’s refusal to recognize Rousselet.

   Some contemporaries viewed William P. Gardner’s appointment as U.S. consul at Demerara and Essequibo in March 1802 as a reward for passing Treasury Department records to William Duane, editor of the Republican Philadelphia newspaper Aurora General Advertiser in 1800. Gardner, a clerk in the auditor’s office at the time, furnished Duane with accounts that the editor used to charge Timothy Pickering, Oliver Wolcott, and Jonathan Dayton with misuse of public funds (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:528–29 and n. 1, 530 n. 3).

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


Title: To James Madison from William Willis, 19 September 1802 (Abstract)
From: Willis, William
To: Madison, James

19 September 1802, Barcelona. Encloses a false register and Mediterranean pass taken from Capt. Thomas Lewis of the Pomona. “I am trying by All means in my power to find out to a Certainty the Author of this fabrication.” Believes Lewis is involved; “I understand he has bought a vessel in Egypt & put her under American Colours, and Sold her in Malta, and what makes this Appear Stronger against Capn. Lewis, is his having Shewn Some American papers to Mr. Gautier of this place, previous to his departure.” Gautier reported that William Baker, supercargo of the Pomona, accompanied Lewis at the time and that he had also seen “a Number of American Papers in Possession of Benjn. B. Mumford.” Has no way of knowing how many counterfeit papers are in circulation. “[I] Am informed by a Person that Some of them were Sent to him Some time last winter, with one of the Plates of Engraving for the Pass. But he Assures me he does not know by whom they were Sent, as he found them in his Room at an inn.… He has Promised to deliver them to me, and I … Shall Send them to you.… I Shall demand from Capn. Lewis on Oath how he Came by these Papers which I have found in his possession, but Shall first Strive by moderate means to find out whether he has Any more Papers.” Believes the fact that he is part owner of the Pomona may have led to “the insolent observations of Capn. George Lee” but declares that “there was no motive in me Even to Connive at a Vilaneous Act Like this,… Especially as neither me, nor my house … have ever had Any interest in Any other Ship than this one, and a tenth in her was too trifling for me to Sacrifice the interest of my Country, and violate my duty in So Essential a point.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 3 pp.; marked “Copy.” In a clerk’s hand, signed by Willis; docketed by Wagner. Enclosures not found.

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


Title: From James Madison to Albert Gallatin, 20 September 1802
From: Madison, James
To: Gallatin, Albert

Sir,
Department of State September 20th. 1802.
I have duly had the honor of receiving your Letter of the 8th. Inst. It does not appear that the money, or any part of it, that you refer to, and which is held in trust by the Secretary of State, “for Jeremiah Condy & Co. and others,” can with propriety, be applied towards the payment of a Debt from Jere: Condy or from Jere: Condy and Company to the United States—because Jeremiah Condy never had any separate Interest in the claim which produced the Trust, and Jeremiah Condy and Company, in 1797, assigned all their interest in that claim to Mr. Thomas Doughty of Charleston at whose instance the money has been transferred to the Bank of the United States: besides the amount of Jere: Condy and Co. or their assignees interest is still unsettled, as is that likewise of every other claimant, of whom there are many. Under these circumstances the Secretary of State is the Trustee of all the parties interested, for safe keeping the money, and finally paying it over in such proportions, as may be agreed upon, or be determined by a Judicial proceeding. I have the honor to be &ca.
James Madison.

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

   Letter not found.


Title: To James Madison from Benjamin Day, 20 September 1802
From: Day, Benjamin
To: Madison, James

Sir
Fredericksg 20th Sepm 1802
I beg Leave to inform you, the Barque Freedom Captn. Thomas Taylor, in the interest of Mr James Maury of Liverpool, is now lying at Tappahanock, where she is to load with Tobacco. She is consigned to me, and I take the Liberty of Soliciting your Assistance, with a consignment in her to his Address. Her freight is fifty Shillings ⅌ Hhd and 5 ⅌ Ct. primage—being a British Bottom her cargo is exempt from paiment of the countervailing Duty of 1/6 Sterling ⅌ 100 lb. Any commands you may favour me with shall be carefully Attended to. I am very respectfully Your Most Obedt.
Benjn: Day

Sir,

Permit me to hand you a Copy of my circular Address to the Friends of Mr. Maury, and to hope it will be agreeable to you to countenance his Intention of an annual Ship in this River, by making him a Consignment in the Freedom. Requesting the Favour of your Answer, I am very respectfully sir, Your most obedt.
Benjn: Day

   RC (DLC). In a clerk’s hand, except for Day’s signature and postscript. Enclosure not found.

   Benjamin Day (1753–1821) was a Fredericksburg merchant and onetime mayor of the city (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 8:428 n. 2).


Title: To James Madison from Bird, Savage, and Bird, 21 September 1802
From: Bird, Savage, and Bird
To: Madison, James

Sir
London Septemr. 21st. 1802
We have not had the honor to hear from you since our last respects of 21st July last pr Annawan & Copy pr Industry, but we have received from the Honble. Albert Gallatin, Secretary of the Treasury various remittances for £10560.13.5 & £3413.14.6 all of which being accepted will when received be carried to the Accounts in the Amounts directed by him.
Mr. Gallatin explains to us that the superintendance of our expenditures rests with you, and that our relation to his department is an accountability for the monies received from it. We shall therefore account with him for the monies we receive & send him our Accounts and Vouchers. But we shall apply to you for what funds are wanted for the necessary disbursements, or in reimbursement of any advances the public Service may have called for from us, and shall attend to your Instructions in the distribution and expenditure of the Moneys, bearing in Mind that we are not to create subordinate Agencies, by payments in the Lump to any other person of Sums to be distributed & accounted for by them.
On this point we differed in opinion with Mr Erving your Consul who seemed to wish that we should transfer to his Account as Agent for prize Causes the monies remitted for the prosecution of Claims in prize Causes, for him to account with the Treasury for the disposal of them, but as Mr. King concurred with us that this would create the subordinate Agency we were specially instructed to avoid, and that our plan of making the actual payments on orders from Mr. Erving and sending over the Vouchers to the Treasury would be more in conformity with our Instructions we shall continue it, unless we receive other Instructions.
The late Remittances have put all the Accounts in Cash, and as the usual payments are going on you will be able to judge when it will be necessary to make fresh Remittances for the current Expences. We beg to call your Attention to what we have already written about a fund for contingent Expences at the disposal of your Minister, and also to the call for some farther Remittances for the expences of prosecuting Claims in prize Causes, there being Still large Arrears due the Proctors. We have the honor to be with respectful Esteem Sir Your most obedient & most humble Servants
Bird Savage & Bird

   RC (DNA: RG 59, Letters Received from Bankers).

   Gallatin to Bird, Savage, and Bird, 6 July 1802 (extract in Papers of Gallatin [microfilm ed.], reel 7).


Title: To James Madison from Daniel Brent, 21 September 1802
From: Brent, Daniel
To: Madison, James

Dear Sir,
Washington Sepr 21. 1802.
Your favor of the 17th has been duly received. I enclose the Duplicate of a letter, of the 25. May, from Consul Eaton (the original of which you have seen) on account of a Postcript, of the 4. June, which you have not seen. I send you likewise a letter from Mr Olsen, with the paper to which it refers. His publication will supersede the necessity, I presume, of one on your part. I have acknowledged, in your absence, the receipt of this Communication. The John Adams is still at the mouth of the Branch.
You will probably hear of the alarm which prevailed in Geo. Town on Sunday night, last, from the discovery of a supposed design on the part of the Negroes there to burn down the town, and of the very serious measures that were taken to prevent the execution of this design—in arming the Militia, and keeping them all night on guard. It gives me pleasure to inform you, after a full examination has been had into all the Circumstances of the supposed plot, that there appears now to have been no cause for serious alarm—tho’ a few worthless fellows have been committed to prison under appearances of rather a suspicious cast, but not implicating such extensive, or any immediate, mischief, and Mr J. T. Mason has actually sold the reputed leader of the Party to some Georgia men, under the same appearances. The alarm, I believe, has entirely ceased.
Mr Taney, who was appd Commercial Agent some time ago for Dunkirk or Ostend, died last night in Geo: Town with the yellow fever. He had contracted the disease in Baltimore, whence he was but just come. I have the Honor to be, with great Respect and sincere esteem, Dear Sir, Your Obedt & very faithful servt.
Danl Brent.

   RC (DLC). Docketed by JM.

   Letter not found.

   For the 4 June postscript, see Eaton to JM, 25 May 1802, n. 1.

   In a letter to Blicherolsen of 22 Sept. 1802, Brent acknowledged receipt of the Danish minister’s 16 Sept. note to JM “with a copy, in English of the Ordinance to which it refers” (DNA: RG 59, DL, vol. 14).


Title: To James Madison from Carlos Martínez de Yrujo, 23 September 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

23 September 1802, Mount Pleasant. Announces the double marriage of the prince of Asturias to the princess of Naples and the Spanish infanta to the prince of Naples.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 1 p.; in Spanish; in a clerk’s hand, except for Yrujo’s complimentary close and signature.


Title: To James Madison from Stephen Girard, 24 September 1802
From: Girard, Stephen
To: Madison, James

Sir
Philada 24. Septr. 1802.
Mr Joseph Curwen to whom you was so obliging as to give a Letter of Recommendation for Mr. Levingston Minister Plenipotentiary of the U. S. to the French Republic, writes me from Paris, that he wants fourteen Bills of Exchange drawn by the Administration of the French Colonies on the Treasurer of France or on the Minister of the Marine, also a delegation drawn by Mr. Sonthonax on Mr. Genet Minister Plenipotentiary of France to the U. S. of America. As those Documents are inclosed in a Bundle containing sundry Vouchers relative to my claim against the French Government which I have deposited in the Secretary of State’s Office in the Year 1795. I beg as a particular favour that you will be so good as to have said fourteen Bills of Exchange and Mr. Sonthonax’s Delegation Selected and forwarded to me as soon as will be convenient. I am with Respect Your mot. obt. Servt

   Letterbook copy (PPGi: Girard Papers).

   On 29 Oct. 1802 Daniel Brent wrote Girard, enclosing nine of the bills of exchange “and the copies of the others, together with the original delagation” (DNA: RG 59, DL, vol. 14).


Title: To James Madison from George Wilson, 24 September 1802
From: Wilson, George
To: Madison, James

Letter not found. 24 September 1802. Mentioned in Daniel Brent to Wilson, 18 Oct. 1802 (DNA: RG 59, DL, vol. 14), as a request for partial payment of the sum due for printing the laws of the last session of Congress. Brent conveyed JM’s response that “as it does not consist with the practice of the Government to make partial advances in cases of such small interest,… he has declined the acceptance of your Bill,… especially, too, as it is to be presumed that the entire work will ’ere this, have been compleated and you may now be authorized to draw for the full amount of your claim, which is 94. dollars & 50 cents.” Wilson was the publisher of the Jonesborough, Tennessee, Newspaper and Washington Advertiser (Brigham, History and Bibliography of American Newspapers, 2:1058).


Title: To James Madison from Louis-André Pichon, 25 September 1802
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Frankfort Pensa. le 25. 7bre. 1802.
Je vois par une correspondance qui a eu lieu dernierement entre Son Excellence le Gouverneur de la Caroline du Sud et l’agent commercial de la République française à charleston que les bruits qui ont circulé relativement aux prisonniers de couleur qui Sont Sur les fregates françaises de relâche à New York ont acquis assez de crédit pour exciter dans l’esprit du Gouverneur de cet Etat des appréhensions qui lui ont paru assez Sérieuses pour être communiquée et pour exiger de Sa part des mesures de précaution. Mr. Le President des Etats Unis, J’en ai la confiance, ne partage point ces appréhensions et Je vous prie, Monsieur, de l’assurer qu’elles ne Sont point fondées.
Sachant que la présence des frégates pourait les faire naitre J’ai, dès leur arrivée, donné au commissaire de la République à New York des instructions propres à les prévenir et depuis Je me Suis rendu exprès dans cette ville pour hâter le départ de la division qui va mettre au premier moment à la voille pour france Sauf une frégate qui retourne à la Guadeloupe mais à laquelle on otera tous Ses prisonniers.
Afin de détruire plus efficacement toutes les impressions de cette nature J’ai l’honneur, Monsieur, de vous envoyer l’extrait des instructions que Je donne au commissaire de la Repe. française à New York. Je vous prie, Monsieur, de vouloir bien les communiquer à Monsieur le Président des Etats Unis et d’agréer l’assurance de mon respect et de ma haute consideration.
L. A. Pichon

Condensed Translation
Sees by recent correspondence between the governor of South Carolina and the French commercial agent at Charleston that reports circulating about black prisoners on board the French frigates at New York have excited apprehensions in the governor and led him to express serious concern and to require precautionary measures. Feels confident the president does not share these apprehensions and assures JM they are unfounded. Knowing the frigates’ presence could give birth to such concerns, gave instructions to the French commissary in New York to prevent them and then went to New York himself to hasten the squadron’s departure. It will leave for France at the earliest opportunity, except for one frigate which will return to Guadeloupe with all prisoners removed. Sends JM an extract of the instructions he gave the French commissary in New York and asks JM to communicate it to the president.

   RC and enclosure (DNA: RG 59, NFL, France).

   Pichon enclosed an extract of his letter to Louis Arcambal, 25 Sept. 1802 (2 pp.; in French), requesting him to check ship manifests to see that all the West Indian prisoners who arrived in New York aboard the French frigates departed with them. Should any prisoners have escaped, he went on, Arcambal was to get descriptions of them so that Pichon might pass them on to the U.S. government.


Title: To James Madison from Elias Vander Horst, 25 September 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

25 September 1802, Bristol. “On the other side is a Copy of my last respects of the 13t. Instt.… Our Harvest is now nearly closed and as the weather for gathering it has been very fine, there remains no doubt of its being excellent in quality as well as very abundant.” Encloses newspapers and a London price current.

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

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


Title: To James Madison from William Mumford, 25 September 1802
From: Mumford, William
To: Madison, James

Letter not found. 25 September 1802, Virginia. Mentioned in Daniel Brent to Mumford, 6 Oct. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about land patents. Brent replied in JM’s absence that “the original or a certified copy of the will of Colo. Byrd should be sent hither, in order to [sic] his legal Representatives obtaining Patents for the land in question, and you will of course advise them of this circumstance.”


Title: To James Madison from William Lee, 26 September 1802 (Abstract)
From: Lee, William
To: Madison, James

26 September 1802, Bordeaux. Lists vessels with the number of seamen discharged from them since his 10 Aug. dispatch, “making sixty nine seamen to whom may be added forty six strollers whose names are registered in the office as coming from different ports of the Republic which together with the seventy three I had in charge at the date of my last amounts to one hundred and Eighty Eight men who have been thrown on my hands since the 26 July.” Many are destitute, and there are so few direct opportunities to the U.S. that “it is impossible to provide for them as the law directs.” However, this problem may soon be solved as France has “lately passed a law which has put a stop to the sale and Francisation of American and other foreign vessels.” Encloses “a very singular law of the Consuls by virtue of which all blacks and men of Colour of whatever nation have been arrested here by the Commissary of marine and put into prison until reclaimed & sent off by the Agents of the Country from whence they came & if there is no agent to reclaim them they are sent off to the Colonies.” Transmits a packet forwarded by Stephen Cathalan, files of the Moniteur and Journal de Commerce, and his consular bond.

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 3 pp.; marked “duplicate.” Docketed by Brent. Enclosures not found. On 30 Sept., Lee sent JM a nearly identical copy of this letter (ibid.).

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


Title: To James Madison from Vincent Gray, 27 September 1802
From: Gray, Vincent
To: Madison, James

Sir,
Havana 27. Sepr. 1802
In the absence of Mr. Morton I have to acknowledge the receipt of your letter of the 11h. may last past on the subject of Captain Drew’s Confinement at this city, and am sorry to have it in my power to say that he was not unjustly imprisoned.
The money taken from the chest of one of the late crew of the Sloop Sally of Bridgetown New-Jersey, was not taken by one of the owners as stated in his memorial, but as I am informed, actually taken by himself. And when given up or that part thereof not expended amounting to upwards of nine Hundred Dollars, he was liberated: after having suffered upwards of four months Imprisonment.
The Brigantine Hannah mentioned to have been purchased at Porto Rico by him, was not his property, but that of J. B Coursier of Philadelphia; and was while here, under the direction of J B. Rougier of this City Merchant, who received the amount of sales when condemned and sold; and also signed the Bill of sale. She was formerly the Schooner Hannah of Kennebunk, & not being entitled to a Register, it was arrested out of his hands, mutilated and transmitted to the proper Department.
After being liberated he departed from hence for the United States, in a vessel as I am informed bound to Charleston, South Carolina.
The evidence against him was in the first instance, so pointed and circumstantial, that no interference could with propriety be offered from this Department. I am Sir, Very respectfully, Your Mo: Ob. Servt.
Vincent Gray
P.S. I am informed that Captain Drew hath aged and respectable Parents residing in Massachusetts, therefore I hope that no part of the foregoing communication will reach them officially—so as to embitter the remainder of their days.

   RC (DNA: RG 59, CD, Havana, vol. 1).


Title: To James Madison from David Lenox, 27 September 1802 (Abstract)
From: Lenox, David
To: Madison, James

27 September 1802, New York. Informs JM that he has “caused to be Shipped on board the Sloop Olive Branch … bound for George Town, a Trunk containing all the Applications which were made to me during my Agency, together with the Answers returned from the Admiralty, which are all Alphabetically arranged in the Books N 1 & 2 which accompany them.” Believes these books and papers should be deposited in JM’s office, “where Government may be enabled to judge of the magnitude of the business in which I was engaged, as well as the satisfaction wh⟨ich⟩ I shall derive from a reference to cases where the parties may have supposed themselves neglected by me.” Proposes to pay his respects “in the course of a few weeks.” Mentions in a postscript that the trunk key and a bill of lading are enclosed.

   RC (DNA: RG 59, CD, London, vol. 8). 3 pp.; docketed by Brent as received 30 Sept. Enclosures not found.

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


Title: To James Madison from James Maury, 28 September 1802 (Abstract)
From: Maury, James
To: Madison, James

28 September 1802, Liverpool. Encloses a price current. “Since the peace the Application to me from distress’d American Seamen is greatly increased by the Numbers which have been discharged from the British Navy, and I have endeavoured to relieve the United States of the expences of their support by requesting the Masters of our vessels to take them, agreeably to the law of 14th April 1792, but … these requests of mine are of late so frequently refused that I wish to be informed whether it would not be adviseable to have the refusing Captains represented to the proper Officer of the United States with the needful Vouchers for enabling him to issue process against them in the Courts there for the Fines they incur.” If so, asks JM to inform him of “the Officer to whom I am to address myself & the kind of documents which will ⟨be⟩ admitted as proof.”

   RC and enclosure (DNA: RG 59, CD, Liverpool, vol. 2). RC 2 pp.; in a clerk’s hand, signed by Maury. Enclosure is a printed price current, dated 28 Sept. 1802 (2 pp.).

   For the “Act concerning Consuls and Vice-Consuls,” see Gallatin to JM, 16 Aug. 1802, and n. 2.

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


Title: To James Madison from James Simpson, 28 September 1802 (Abstract)
From: Simpson, James
To: Madison, James

28 September 1802, Tangier. No. 51. Sent a duplicate of his no. 49 [3 Sept. 1802] with the Boston on 9 Sept. and a triplicate to Gavino on 10 Sept. Both were accompanied by a copy of his 1 Sept. letter to Moroccan minister Selawy. Encloses a translation of the minister’s answer, the essence of which “amounts to a confession that they have not been able to offer any thing farther, in support of the claims they had attempted to set up.” Observes that it is evident the purpose of the minister’s letter of 6 Aug. was “to find out what we had to offer against their pretensions, and I fully hope they have met me so well prepared for them, that they will not readily come forward again with such.” Believes it would be “highly proper” to transmit to the Moroccan government a copy of Mawlay Sulaiman’s ratification of the treaty made with his father. “I shall likewise set [Selawy] to rights with respect to his Idea of no attentions having been paid the Emperor for eight years, whereas it is little more than half that time since I delivered him a Present.” Such assertions prove “how little his Majestys present Ministers are acquainted with what passed during Ben Ottomans Administration.” Selawy “pretends having rendered essential Service” and thus expects a gift; “to secure a continuance of his Friendship, it must be given.” Reports that the emperor has ordered the two men at Taroudant to be sent to Mogador and permitted to embark there. The emperor’s frigate, which sailed from Larache in August, has put into port at Tangier; it has taken no prizes. After seven months of “ineffectual applications in the Emperors name” for passports for the Tripolitan ship at Gibraltar, “a document under his Seal has at last been transmitted asserting the Vessel to be his, and demanding from all the Consuls here Passports for her as such.” Encloses a translation of the paper sent to the consuls and a copy of “the Passport I have found myself under the necessity of granting.” Has received word from Gavino about the approach of the frigate New York with the gun carriages. Notes that his no. 50 [14 Sept. 1802] “served only to advise my having taken the liberty of drawing a Bill on you.”

   RC and enclosures (DNA: RG 59, CD, Tangier, vol. 1). RC 4 pp.; docketed by Wagner. RC and enclosures printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:275, 280–81, 283, 284–86. The enclosures are a translation of Sidi Mohammed ben Absalom Selawy’s letter to Simpson, 20 Sept. 1802 (3 pp.), expressing satisfaction that “Friendship and good harmony” between Morocco and the U.S. “have been continued” and pointing to his important role in mediating the dispute; an order of the emperor of Morocco, 17 Sept. 1802 (2 pp.), claiming the ship Meshouda and ordering “all the Consuls to dispatch her, and deliver their Passports”; and Simpson’s passport for the Meshouda, dated 27 Sept. 1802 (1 p.).

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


Title: To James Madison from Robert Morris, 29 September 1802
From: Morris, Robert
To: Madison, James

Sir,
New Brunswick 29. Septr. 1802
In consequence of a Certificate dated 6. Septr. 1802 from your office under the Signature of Stephen Pleasonton Clerk in your absence, I have issued a Commission of Bankruptcy, among others, to Josiah Shinn & in consequence of a Notification thereof Isaiah Shinn has this day come forwarded [sic], & produces a Commission from the president appointing him a Commissioner of Bankruptcy, and says there is no such person, to his knowledge, as Josiah Shinn.
I therefore wish to be informed whether there is a mistake in the Certificate, or whether there is also a Commission to Josiah Shinn. I am Sir with respect your very Huml Servt.
RM

   Draft (NjR).

   See Morris to JM, 3 Sept. 1802, and n.

   On 2 Oct. 1802 Pleasonton wrote Morris to say that “Isaiah Shinn is the person appointed and not Josiah” (NjR).


Title: To James Madison from Louis-André Pichon, 29 September 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

29 September 1802, Georgetown. The claim of French merchant Coulon, about which Pichon wrote JM on 7 Mar. 1802, having failed in Congress, calls JM’s attention to the manifest wrong that appears to have been done to Coulon.
Recounts the beginning of the affair. Two French prizes, the Betty Cathcart and the Aaron, the first of which was Coulon’s, were taken into Wilmington, North Carolina, in July 1796. Disputes arose over what repairs could be made to the ships and what means of export would be allowed to the proprietors. The Aaron left on 7 July 1797 under suspicious circumstances and was subsequently seized and condemned in Portsmouth, New Hampshire, for importing sugar that had been declared as rice. But the Betty Cathcart never left port and was abandoned by Coulon on 1 June 1798. Under these circumstances, the comptroller of the treasury ordered the Betty Cathcart and its cargo sold on 29 June. The sale produced $57,432, of which $23,396 was assessed for costs and for duties on the cargoes of both ships, including $6,241 for the Aaron’s duties; the balance was paid to Coulon.
Summarizes the circumstances on which he bases the claim: (1) the Aaron and the Betty Cathcart could have left together by conforming to certain regulations that were the subject of the original dispute; (2) the Aaron left on 7 July 1797 and was subsequently seized and condemned for acts of contraband; (3) Coulon abandoned his property on 1 June 1798 because of circumstances at the time between the U.S. and France, hoping to obtain compensation during the peace that would follow; and (4) the instructions of 29 June 1798 ordering the sale authorized the collector to retain the amount of the duty owed on the Aaron’s cargo from the proceeds of the sale of Coulon’s property, even though Coulon did not own the Aaron.
Points out that it was only the circumstance of Coulon’s abandonment of his property in the U.S. that allowed the treasury to proceed against the Betty Cathcart for the alleged acts of the Aaron. After the Convention of 1800, Coulon’s property should have been returned to him in good faith, deducting only the customary and legal charges. Instead, Coulon unexpectedly found an assessment levied against him that was in reality a confiscation of his property. In this action by the treasury a French citizen has been deprived of his property without any legal proceedings. Asks JM to bring these arguments to the president’s attention.

   RC (DNA: RG 59, NFL, France, vol. 1). 8 pp.; in French; in a clerk’s hand, signed by Pichon. Docketed by Wagner.


Title: To James Madison from William Willis, 29 September 1802 (Abstract)
From: Willis, William
To: Madison, James

29 September 1802, Barcelona. Transmits a copy of his 19 Sept. dispatch, since which nothing new has occurred. “I have not yet been able to get the Papers and Plate Promised me from the Person who has told me he has them,… but I am Confident he will make no bad use of them. As Soon as I get them, I Shall enclose a Set of them to you, and Shall Send the Plate.… The Name of the person who has these Papers, is James Mills, whose unfortunate Situation, and his being in Madrid much of his time precludes him even from Suspicion of having Any thing to do with the business of the fabrication or Circulation.… It Appears to me to have been a villanous plan in the Person who Sent them to Mills, to injure him if Possible, and Also to involve me in the injury, as I have advanced him a Large Sum to defend his Ship against the Spanish Government.… There is now a Sweedish Frigate in the Road which will take under her Convoy two American Vessels which are here Ready to Sail.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 2 pp. In a clerk’s hand, signed by Willis.

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


Title: To James Madison from François de Navoni, 30 September 1802 (Abstract)
From: Navoni, François de
To: Madison, James

30 September 1802, Cagliari. Asks to be named U.S. agent and consul general in light of his long service as acting consul. Notes that he entertained Captain Morris and his officers during their recent stay to their entire satisfaction; by a letter of 27 Sept. Morris appointed him provisional U.S. commercial agent for the kingdom of Sardinia. Refers JM to his letter to the president which accompanies this.

   RC (DNA: RG 59, CD, Cagliari, vol. 1). 2 pp.; in French. Navoni’s letter to Jefferson, 30 Sept. 1802 (ibid.) supported his claim in detail and enclosed a sample of Sardinian salt.

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


Title: To James Madison from Gabriel Christie, 30 September 1802
From: Christie, Gabriel
To: Madison, James

Letter not found. 30 September 1802. Mentioned in Daniel Brent to Christie, 1 Oct. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about the appointment of Christie’s son to consular office. Brent replied that “your son has not been appointed to the place in question, and … that place is still vacant.” Brent also acknowledged the receipt “several days ago” of dispatches from Rufus King carried by Christie.


Title: To James Madison from Thomas Manning, 30 September 1802
From: Manning, Thomas
To: Madison, James

Letter not found. 30 September 1802. Mentioned in Daniel Brent to Manning, 1 Oct. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about documents submitted in support of Manning’s claims against France. Brent replied in JM’s absence that he had made “a very full search for the papers alluded to, but … without effect.… Under this circumstance, it is probable that these original papers were sent to France, and have been since consumed in the fire of which Mr. Skipwith speaks, in the letter herewith returned to you.”


Title: To James Madison from Nathaniel Irwin, 1 October 1802
From: Irwin, Nathaniel
To: Madison, James

Dear & honoured Sir
Bucks County Octr. 1st. 1802
I beg you will be the vehicle of a few sentiments to the Honble. Gideon Granger, respecting the organiza[tion] of a post road in this vicinity—Viz the old road from Philada to New-York. The objections to the projected arrangements are that two post offices would be within less than 4 Miles of each other—& no considerable Village at either place; & a Man would receive an appointment as Deputy Post Master who is as destitute of principle & almost of Character as Lucifer himself. Besides the Post Master intended for one of these places will not accept on these terms, nor will the only Stage that passes the road carry the Mail under an obligation of stopping so often. Some alterations in the proposed plan therefore will be inevitable. The plan I would propose & which I am sure will give the most general satisfaction I beg leave to detail as follows.

Places
Distances
from Phila.
Names
Politics

1 Jenkin-Town
10¼ Miles
10¼
Willm. McCalla
Fedl. (but temperate)

2 Cross Roads
 9¾
20
Wm. Hart
Fedl. Do.

3 Buckingham
 7
27
Josiah Addis
Repubn.

4 New Hope
 7
34
A good republican character may be

found in this place. I know severals but do not know whether they would accept. My local knowledge does not enable me to pursue the rout further. If the above arrangement is not adopted nothing will be gained in Republican Characters—another federalist (Elnathan Pettit) must be substituted for Wm. Hart & the change would be for the worse in every respect; & still two post Offices would approach within less than four Miles of each other & not the smallest Village at either place; or otherwise Josiah Addis, the most deserving character of the whole must be left out. But if it is though[t] necessary to have a Post Office at Hatborough (alias Crooked Billet) Joseph Carr, a decided Republican & Inn keeper at the same place, should (in my humble opinion) receive the appointment instead of Samuel Coughlin.
Pardon, my Dear Sir, the Marks of haste so obvious in this letter, written at a friends house on the public road & be assured that the ideas here submitted are dictated by no friendships or animosities, but by a desire of promoting the public weal & the reputation of our present Republican Administration. With pleasing recollections of former intimacies which no time can efface I remain Sir, your faithful friend & most humble servt
Nathl Irwin
P. S. I make use of a separate leaf to mention in confidence that my son Henry remains unemployed: that by a letter from the War office in June last I learn that the President was pleased to Nominate him to the Senate as a Candidate for an Ensignsy in the Army, but that the Senate did not decide on the nomination. Though the long delay & expectation has been injurious to him by preventing his engaging in other permanent business, yet I am persuaded, my dear friend, that I am much indebted to your friendship on this as well as on other occasions. Perhaps when the Senate Meets you can be further useful to your […]
N. ⟨I.⟩

   RC (DLC). Damaged by removal of seal. Docketed by Brent as received 6 Oct.

   By 1816 the post road ran through Jenkintown, Buckingham, New Hope, and Hatborough, Pennsylvania, but of the candidates mentioned by Irwin, only William McCalla of Jenkintown was a postmaster (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 2:357, 367, 369, 376).

   For Irwin’s efforts on behalf of his son Henry, see his letter to JM, 7 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:370–71 and n. 1).


Title: To James Madison from William Jarvis, 1 October 1802 (Abstract)
From: Jarvis, William
To: Madison, James

1 October 1802, Lisbon. Forwards a duplicate of his last dispatch of 22 Sept. “Not haveing received a line from his Excellency in answer to my Communication of the 9th., I yesterday address’d a Note to him of which No 5 is a Copy, which I hope will produce something.”
“Mr Dunbar preferred attempting to get the Papers relative to the Aurora & Four Sisters to take Copies of them before any application was made to Don João, for fear that the Govmt. suspecting that some National question might arise from it should refuse any sort of information; but as yet success has not attended the attempt; if it does not after three or four days … I shall write to the Minister on the subject.”
Since the three American ships mentioned in his last dispatch were released from quarantine, three more have been released; “there are now under quarantine two Vessels from New York … & one from Philada. that arrived 4 days ago without any bill of Health whom I am apprehensive they will treat pretty rigorously.”
“No 1 & 2 are Copies of several Copies of letters forwarded me by Mr Willis with a Copy of his letter accompanying them. No 3 is a Copy of an affidavit given before Mr Yznardie & of his letter. In the affidavit the Captn. has not mentioned where or when the Moor was seen, & those were the most essential circumstances to be known.… The description no ways answers to the Moroquin that was here. No. 4 is an Extract from the letter accompanying Mr Simpson’s dispatch which is forwarded herewith.”
Mentions in a postscript that he has just received an answer to his note of 30 Sept., “a Translation of which will be found on No 5.” Adds in a postscript dated 2 Oct. that he is forwarding a packet just received from Willis and relates a report that a British brig without a passport was captured by “the Moroquin Ship that was in here.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 1). RC 3 pp.; docketed by Wagner as received 21 Nov. Jarvis’s numbered enclosures (8 pp.) are copies of (1) James Leander Cathcart to Stephen Cathalan, 28 Aug. 1802, including an extract of Andrew Morris’s letter from Tripoli of 22 July, and another letter from Morris of 30 July, certified as a true copy by William Willis, 15 Sept. 1802 (see Willis to JM, 15 Sept. 1802, and n. 1); (2) Marianno Fontano y Vida to Willis, 7 Sept. 1802, reporting a ship combat involving a “Moorish Galliot,” and Willis to Jarvis, 17 Sept. 1802, covering the former; (3) Josef Yznardy at Cadiz to Jarvis, 17 Sept. 1802, enclosing an affidavit of Capt. Mark Collins of the American ship Fame, attesting to a conversation with an English captain who described a “moorish Cruiser” of sixteen guns which was “cruising” for American vessels; (4) an “Extract of a letter from Jas. Simpson Esqr. dated Tangier 6 Sept. 1802,” reporting the sailing from Larache of a twenty-two-gun frigate and asking for information “of her operations dureing her Cruise”; and (5) Jarvis to João de Almeida de Mello e Castro, 30 Sept. 1802, requesting a response to his letter of 9 Sept., with Almeida’s 30 Sept. reply, stating that the answer “does not belong to his department [and] he has sollicited the necessary instruction for said purpose, which when he receives, he will send an answer with all dispatch.”

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


Title: To James Madison from John Gavino, 3 October 1802 (Abstract)
From: Gavino, John
To: Madison, James

3 October 1802, Gibraltar. No. 99. Refers JM to his last dispatch, no. 98 [not found], enclosing dispatches from Simpson and O’Brien. Captain Campbell informed him on 25 Sept. that the New York “is coming out imediately” with gun carriages for the emperor of Morocco. “As this intelligence I deemd might be usefull to Consul Simpson in his Negociation with the Emperour I dispatchd him an advice Boat with the Account.” Encloses abstract of Simpson’s reply of 27 Sept. On 2 Oct. orders came from Sir Richard Bickerton for the British squadron of five warships anchored at Gibraltar to “proceed aloft with all possible dispatch and to take with them full six months stores of all kinds.” Supposes the movement arises from reports of France’s intention to occupy islands in the Morea. In a postscript, mentions that the ship at Gibraltar, to be called the Meshouda, is ready for sea and only waits for passports and that the letter for Captain Campbell has been delivered.

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 2 pp.; docketed by Brent.

   In the enclosed extract from his 27 Sept. 1802 letter to Gavino (2 pp.), Simpson expressed his satisfaction that the gun carriages were “so near at hand” and reported that in negotiations with Morocco “every matter is in the fairest train of perfect accomodation.” Simpson also noted that the emperor’s request to the consuls for a passport for the ship at Gibraltar was “granted by us all,” and he enclosed a letter for Captain Campbell on the subject.

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


Title: To James Madison from Albert Gallatin, 4 October 1802
From: Gallatin, Albert
To: Madison, James

Sir.
Treasury Department October 4th. 1802.
I have the honor to enclose the copy of a letter from the Collector of Norfolk, and of a correspondence which has taken place between him and the British Consul at that Place, on the subject of a seaman stated to have been a deserter from a British Frigate. Whether it can be thought necessary to give any instruction, on that subject, to the collector, is a question which does not fall within the province of this Department. I have the honor to be, very respectfully, Sir, Your obedt. Servt.
Albert Gallatin

   RC and enclosures (DLC: Gallatin Papers). RC in a clerk’s hand, signed by Gallatin. Docketed by Wagner, with his note, “Desertion from the Andromaché.”

   The copies enclosed by Gallatin (4 pp.) are William Davies to Gallatin, 26 Sept. 1802, covering the correspondence between Davies and the British consul at Norfolk, John Hamilton, which the collector transmitted “for such instructions” as the government might think necessary. Hamilton’s letter to Davies, 25 Sept. 1802, contained an extract of a 24 Sept. 1802 letter received from Capt. Robert Laurie of the British ship Andromache, requesting the delivery of William Sawyer, a deserter from that ship “now on board the United States Revenue Vessel in Hampton Creek,” and describing Sawyer; Davies to Hamilton, 25 Sept. 1802, assured the latter he would write immediately to the commander of the revenue cutter; Davies to Captain Hamm of the revenue cutter Patriot, 25 Sept. 1802, recommended that Sawyer be discharged if found on board the Patriot; Hamilton to Davies, 27 Sept. 1802, inquired about the “obstacles to the giving up this Deserter” mentioned by Davies in conversation on 26 Sept. and observed that Captain Laurie “entertains the fullest expectation that he will be directly given up to him, agreeably to the practice which has prevailed in British Ports, with regard to the Deserters from the Ships of War of the United States”; and Davies to Hamilton, 27 Sept. 1802, explained that the obstacle was an act of the Virginia General Assembly of 21 Jan. 1801 but added that for “the discouragement of such irregularities I have directed that the man be forthwith discharged.”


Title: From James Madison to Albert Gallatin, 4 October 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

4 October 1802, State Department. Provides a “rough estimate, for a Remittance to the Bankers of the United States at London,” listing $12,000 for diplomatic purposes, $13,000 for the British treaty, $5,000 for the relief of American seamen, including the agent’s salary, and $26,000 for the prosecution of claims in prize cases, for a total of $56,000.

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


Title: To James Madison from Oliver Farnsworth, 4 October 1802
From: Farnsworth, Oliver
To: Madison, James

Letter not found. 4 October 1802. Mentioned in Daniel Brent to Farnsworth, 12 Oct. 1802 (DNA: RG 59, DL, vol. 14), as a request for payment for printing the laws of the last session of Congress. Brent conveyed JM’s response that payment of $94.50 would be made “when the account shall have been liquidated at the Treasury Department.” Farnsworth owned the Newport Rhode-Island Republican, 1801–5 (Brigham, History and Bibliography of American Newspapers, 2:1003).


Title: To James Madison from John M. Forbes, 5 October 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

5 October 1802, Hamburg. Notes that he last wrote on 28 Aug. Reports that “another and, it is to be hoped, the last Revolution has taken place in Switzerland, 24,000 Men having entered Bonne, annulled all the existing authorities and reestablished the order of things as it existed prior to the dissolution of the Confederacy by the French invasion in 1798.” Whether Napoleon will support this measure is uncertain, but “his protection has been formally Solicited.” A rumor was circulated on 4 Oct. “of a still more important event having taken place in Russia—nothing less than that the Emperor Alexander had abdicated the throne and Committed his Government to two houses of Parliament”—a measure that would “probably be followed by a Change in the politics of Russia.” The Austrian court may hope for just such an event to break the “all-powerful league between Russia, Prussia & France.” France and Great Britain have not exchanged ambassadors, nor does it seem probable a commercial treaty will be signed between them. “It is still very doubtful whether Malta will be given up, the Emperor of Russia having refused to accede to the guarantee of it’s independance stipulated by the treaty of Amiens.” Relays for JM’s decision “a proposition [that] has lately been made to me, to furnish me from an authentic official Source at Berlin all the most interesting particulars which may, from time to time, occur,” at a cost of ten guineas per month. States that he considered it his duty to communicate to officials in Hamburg “the prevalence of the yellow fever at Philadelphia.” Transmits a dispatch from the U.S. consul at Trieste. In a 7 Oct. postscript observes that the rumor from Russia has not been confirmed. “It appears, however, that a total Change of Ministry has taken place.… There is a degree of mystery still hanging over the business and many believe that something more serious has taken place.” As to Switzerland, France disapproves of the reestablishment of the old government, and “two demi-brigades are ordered there to propose a new Constitution.”

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 3 pp.; docketed by Wagner as received 10 Jan.

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


Title: To James Madison from Josef Yznardy, 5 October 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

5 October 1802, Cadiz. Encloses a copy of a circular received 4 Oct. from William Willis. Forwards a packet from James Simpson and the register of the American brig Glory, Capt. John Waite, sold at Cadiz, and notifies JM of his endorsement of the register of the ship Donaldson of Norfolk, Capt. Duncan McFarlane, sold in New Orleans. Lists four American ships sold at Cadiz. Encloses a copy of a letter he wrote to Henry Hoit, supercargo of the ship Jason, “which will inform you that nothing on my part is wanting to cumply with my Office; but the want of Literal Instructions deprives me of being able to oblige the Captains & Supercargos to give me notice of such Sales and deposit their Registers in the Consular Office.”

   RC and enclosures (DNA: RG 59, CD, Cadiz, vol. 1). RC 2 pp.; in a clerk’s hand, signed by Yznardy. For enclosures, see nn.

   Yznardy enclosed another copy of Cathcart’s 28 Aug. letter to Cathalan reporting Andrew Morris’s capture, certified as a true copy by Willis, 15 Sept. 1802 (2 pp.) (see Willis to JM, 15 Sept. 1802, and n. 1).

   Yznardy’s letter to Henry Hoit, 2 Oct. 1802 (2 pp.), complained of the fraudulent use of the Jason’s ship register and requested that it be returned to his office.

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


Title: To James Madison from Albert Gallatin, 6 October 1802
From: Gallatin, Albert
To: Madison, James

Sir,
Treasury Department October 6th. 1802.
I had the honor to receive your letter of the 20th. ultimo, in answer to mine of the 8th. preceding.

As legal questions of some nicety may result from the right of priority secured by law, to the United States, from the interest of Jeremiah Condy in the co-partnership of Jeremiah Condy & Co., and from the nature of the trust vested in the Secretary of State, permit me to request you, not to pay any part of the money thus held in trust, without previously notifying the Comptroller of the Treasury, and to furnish this Department with a copy of the Deed of trust. I have the honor to be, very respectfully, Sir, Your obedt. Servant
Albert Gallatin

   RC (DLC: Gallatin Papers). In a clerk’s hand, signed by Gallatin. Docketed by Brent.


Title: To James Madison from Christopher Gore, 6 October 1802
From: Gore, Christopher
To: Madison, James

Sir,
London Oct. 6. 1802.
I have the honour to acknowledge the receipt of your several Letters to Mr. King, under the following dates viz. 8 June. 20. 23. 23. & 26. of July, and 23. of August, the latter by Mr. Brent; all of which came to hand since his absence from this place: that of June 8. covering Commission and Instructions to this Gentleman to adjust whatever remains to be decided in relation to the boundaries between the United States and the British Government, was received, and forwarded to him before he left Harwich.
According to his desire, and with a view to expedite the business, I requested an interview of Lord Hawkesbury, for the purpose of making to him such communications on this subject, as might enable him to enter on the negotiation, with effect, on the return of Mr. King. After having opened the business, at our first meeting, he requested it might lay over until Mr. Hammond, the Under Secretary of State, should come from the Sea-side where he then was for his health, to afford him an opportunity of confering with this Gentleman, who was much acquainted with the business to which the Communication referred. On Mr. Hammond’s arrival I saw Lord Hawkesbury, and with the Map of the St. Croix, as reported by the Commissioners, under the 5th. Article of the Treaty of 1794. and Arrowsmith’s Map of the United States, endeavoured to trace out the Boundaries that were still requisite, to explain to him the views of the President, and to impress on his mind the reasonableness, and Justice thereof, in regard to the British Nation. He appeared disposed to accede to the propositions, so far as they relate to the boundary line through the Passamaquoddy, the mode suggested of adjusting that between the United States, and New Brunswick, and fixing the point intended in the Treaty of 1783. by the north-west Angle of Nova scotia, and establishing the boundary between such point, and the north-westermost head of Connecticut River. It is, however, to be understood, that the disposition manifested by his Lordship, was founded in the belief that on enquiry he should find the Islands in Passamaquoddy Bay to have been possessed by, and to belong to the respective Nations as the proposed line would place them, and that on further reflection no insurmountable objection should occur to the plan proposed for running the other Lines, and fixing the point referred to. On these Subjects he doubtless intends to consult with Colo. Barclay, the British Commissioner for ascertaining the St. Croix, who is now in some part of Great Britain, and who is expected in London, early in the Winter. On that part of the Boundary which is to connect the north west point of the Lake of the Woods with the Mississippi, he observed that it was evidently the intention of the Treaty of Peace, that both Nations should have access to, and enjoy the free use of that river and he doubtless meant that this access should be to each Nation, through their own Territories. He remarked that Commissioners, which I had proposed for ascertaining the relation of the Lake of the Woods and the Mississippi, if any doubt remained on this head, and running the Line between these two Waters, according to your proposition, might establish such a boundary, as would secure to each Nation this object. To the remark I made no reply, other than by observing that the line suggested was what naturally seemed to be demanded by just interpretation where such a mistake had happened as was herein Supposed; but this I did, however, chiefly with a view of not assenting to his proposal, and in a manner rather declining than courting the discussion. It will probably be persisted in, and I much doubt if this Government will be inclined to adjust any boundary in this Quarter, that has not the right desired for its basis.
I have considered it important to apprize you of the view entertained by the British Government in this respect, that the President may have an opportunity, if he should choose, to forward Mr. King any instructions relative to the boundary in question. The Papers marked A. herewith enclosed are copies of the Notes that passed from me to Lord Hawkesbury, and Minute⟨s⟩ of the proposals made him in conversation and traced out on the Maps before mentioned, and of his Note in reply. These with the above detail of what passed in conversation, will communicate to you all that has been or probably will be done on this subject, before Mr King’s return, which may be expected in November, and doubtless before Lord Hawkesbury will have an opportunity of consulting the persons alluded to, in his Note.
Your Letter of 20. July, with the inclosed copy of the Letter of the Secretary of the Treasury to the Comptroller, respecting the portages or carrying Places, and the exemption from Duty of small vessels trading between the Ports of the Northern, and North western Boundaries came to hand on the 10. September; and I lost no Time in stating their contents to Lord Hawkesbury in a Note, copy whereof is herewith inclosed, in order to rebut any argument in favor of the pretensions of the British Traders, from a supposed acquiescence on the part of the Government of the United States, and to insist on such a construction of the Terms, portages and carrying places, as might comport with the Safety of the Revenue of the United States, and the interest of their Citizens. I afterwards had a Conference with him on this subject in which he acceded to the construction contained in my Note; and as to the Tonnage duty he said it certainly merited, and should receive all due consideration. Nothing has occurred here relative to the rencounter between the American armed ship Asia, and the British Ship Walker, as mentioned in one of Your Letters of 23 July. In conformity to the directions contained in your Letter 26 July, the sum of £12..16..10 has been paid to Mr. Elias Vanderhorst. I have the honour to be, with great Consideration and respect, Sir, Your most ob. & hum. Servt.
C. Gore

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); partial Tr (DLC: Monroe Papers). RC docketed by Wagner. RC and enclosures transmitted to the Senate by Jefferson, 24 Oct. 1803, and printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:587–89. Partial Tr enclosed in JM to Monroe, 14 Feb. 1804 (DLC: Monroe Papers). For enclosures, see nn. 5 and 6.

   For Daniel Brent’s 23 Aug. letter to King, see King to JM, 10 June 1802, nn. 2 and 3.

   Aaron Arrowsmith (1750–1823) was a British cartographer whose maps of North America, including those published in 1795 and 1796, were considered to be accurate and well executed.

   Thomas Barclay (1753–1830) was born and educated in New York, fought as a Loyalist during the American Revolution, and moved to Nova Scotia at the end of the war. Among other government positions, he served as British consul in New York from 1799 to 1830.

   Partial Tr ends here.

   Gore enclosed copies of his letters to Hawkesbury, 24 Aug. 1802 (2 pp.), and 28 Sept. 1802 (2 pp.), enclosing minutes of their conversation (6 pp.); and Hawkesbury to Gore, 4 Oct. 1802, announcing his willingness to negotiate the points under consideration (2 pp.).

   Gore to Hawkesbury, 22 Sept. 1802 (4 pp.).


Title: To James Madison from Samuel Nutting, 6 October 1802 (Abstract)
From: Nutting, Samuel
To: Madison, James

6 October 1802, Portsmouth. “Enclosed you will receive my bill for publishing the Laws of the Union, in the Republican Ledger.”

   RC (DNA: RG 59, ML). 1 p. Enclosure not found. For Nutting, see Woodbury Langdon to JM, 6 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:449 and n. 2).


Title: From James Madison to Isaac Briggs, [post 8 October] 1802
From: Madison, James
To: Briggs, Isaac

Sir
Washington [post 8 October] 1802
I have received your letter of Aug. 12. inclosing a certificate that the Farmer’s Society at Sandy Spring has been pleased to elect me an honorary corresponding member. I beg you to offer to the Society my sincerest acknowledgments for this testimony of respect; to which I can have no other title than my veneration for the art, for improving which the Society has been instituted. The art which draws from the earth the subsistence of mankind, is not only the most important in itself, but the basis of all other arts. In this country the cultivation of this art is invited too by many considerations which are peculiar to it. The Citizens therefore who devote their zeal to this object, have a merit, to which I should be more proud in being associated, if I were less conscious of the want of useful co-operation, likely to be chargeable on me. I remain very respectfully Your friend & servt.
James Madison

   RC (ViU: Coles Collection). Conjectural date here assigned on the assumption that JM wrote this letter shortly after his return to Washington on 6 Oct.

   See Thomas Moore to JM, 12 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:474). If there was a covering letter from Isaac Briggs, it has not been found.

   Isaac Briggs (1763–1825) graduated from the University of Pennsylvania, surveyed the District of Columbia with Andrew Ellicott, established a printing press at Georgetown, and founded a school at Sandy Spring, Maryland. From 1803 to 1807 he was surveyor of the lands south of Tennessee, and at Jefferson’s request he laid out the route for a post road from Washington to New Orleans. When Briggs departed for Natchez in May 1803 Jefferson described him as being “in point of science … second to no man in the United States” (Ella Kent Barnard, “Isaac Briggs, A.M., F.A.P.S.,” Md. Historical Magazine, 7 [1912]:409–19).


Title: To James Madison from Daniel William Coxe, 8 October 1802
From: Coxe, Daniel William
To: Madison, James

Sir
Philada. Octr 8th. 1802
I had some time since the honor of receiving from you an introductory Letter for Mr D. Clark to Mr King which was regularly forwarded.
Being deeply interested in the trade of New Orleans with Mr. Clark, I take the liberty of enclosing you an Act of the British Parliament of 22d June with some private Remarks of my Correspondent annexed thereto—likewise Extract of another letter from the same House which evinces the Importance of authorising the Collector of the Natchez Custom House to grant Clearances to american vessels navigated pursuant to the British Law, loading with American Produce at New Orleans, & bound to British European Ports, otherwise our vessels carrying Tobacco, Cotton or Furs from thence would be prohibited an Entry in Great Britain, while English vessels could exclusively carry the same Articles to the deep Injury of the American Merchant & Ship Owner. As the Crop of Cotton of Tenessee & the Mississippi territory will be ready to ship this fall & early in the Winter, it would be highly interesting (if the Executive conclude on affording this facility to the american Planter & Merchant) that it should be done without Delay in order to give an opportunity of shipping our Produce direct for England, which is the best mart for Cotton.
The Port of New Orleans not being yet frequented by British vessels, all the American Cottons & Tobaccos must inevitably be shipt to the United States or France, & from thence (at the Expence of double freight Insurance & Commission) to England, unless clearances can be obtained from N. Orleans as the Port of Deposit for American Produce.
From my Connexion with N. Orleans I have frequent opportunities of forwarding Letters from here & New York by Sea, which is generally more expeditious than the Mail. I beg leave to tender my Services in transmitting any Papers you may have to forward thither, & have the Honor to be with the highest Consideration & Respect Sir yr mo. obdt Servt
Danl. Wm. Coxe

   RC and enclosures (DLC: Gallatin Papers). For enclosures, see nn. 2 and 3.

   See Daniel Clark to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:488, 489 n. 4).

   Coxe enclosed a printed broadside (docketed by Wagner), which includes a copy of 41 Geo. 3, c. 80, “An Act for repealing several Acts … relating to the Admission of certain Articles of Merchandize in Neutral Ships, and to the issuing of Orders in Council for that purpose, and for making other provisions in lieu thereof, to continue until the First Day of January, One thousand eight hundred and four.” The act, dated 22 June 1802, allowed the produce of any non-British territory in North America or the West Indies to be imported to Great Britain between 1 Sept. 1802 and 1 Jan. 1804 by neutral vessels of over one hundred tons “navigated in any manner whatsoever” and to be stored for reexport. It specifically excluded tobacco, snuff, and rice. The broadside also includes a letter dated 1802 at Liverpool, with “14th Augt” and the signature of Green & Wainewright supplied by hand. The letter contains information the firm had gathered clarifying the meaning of the act for its clients.

   Coxe enclosed an extract (2 pp.) of an 18 Aug. 1802 letter from Green & Wainewright reporting that although British law did not allow the importation of American produce from New Orleans, customs officers suggested it would be allowed if the goods were loaded directly onto oceangoing ships from boats sent down the Mississippi from American settlements. The writers stressed that such ships would need clearance from an American customhouse on the Mississippi. Cotton not grown in American territory would have to be sent to the British West Indies or to some port where it could be loaded onto British vessels, as only they were allowed to import cotton. If the above plan was not practicable, they concluded, American vessels “must touch at a port of the United States for a Clearance & the Crew must be particularly attended to as We have been Witness to several very disagreeable circumstances thro’ this point.” On 11 Aug. 1803 Parliament passed a law allowing American goods to be imported from New Orleans in U.S. ships (Thomas Edlyne Tomlins et al., eds., The Statutes of the United Kingdom of Great Britain and Ireland [29 vols.; London, 1804–69], 1:1073).

   Daniel William Coxe (1769–1852), brother of Pennsylvania Republican Tench Coxe, was a wealthy merchant and international trader with extensive business interests in New Orleans (Cooke, Tench Coxe, pp. 11, 334–36).


Title: To James Madison from James Leander Cathcart, 8 October 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

8 October 1802, Leghorn. No. 15. Encloses a copy of a letter from the bey of Tunis to the president. “The nature of the demand therein made, as well as the insolent stile it is couch’d in will dictate the necessity of re-inforceing our squadron in this sea as soon as possible after the meeting of Congress, as I presume it would be inconsistent to accede to this demand after having refused the cannon & small arms before demanded from us, but I must again take the liberty to recommend more energy & dispatch in our opperations, otherwise we will ultimately lose the little importance we have taken such pains to assume, & will be treated in the same stile of contempt that the Danes & Swedes are & the Bashaw of Tripoli will have the satisfaction to find his words verified (ie) ’the Americans will do like other nations, they will talk a great deal & do nothing, & at last come cap in hand & sue for peace upon my own terms![’] May he be disappointed.”
The Constellation arrived on 3 Oct. and will wait for Commodore Richard Morris’s arrival. “Captn. Murray differs from me in sentiment very much relative to our opperations with the Barbary States, he says it is our interest at present to purchase peace at their discretion & observes that in two years from this government will have more energy than they have at present, for which he assigns political reasons not proper to be here repeated, but as he says he has no instructions either from government or the Comodore & I not yet having receiv’d mine which came out in the Adams I have made no opposition to what he advances in order to prevent as much as possible those little bickerings & animosities which are too often engender’d by diversity of opinion, I am extremely anxious to receive my instructions in order to have some guide to regulate my conduct.” The steps to be taken when Morris arrives “will depend in a great measure on our instructions & the season is too far advanced to think of anything decisive before next spring,” but if the pasha proposes terms of accommodation congenial to U.S. feelings and national rights, “I think it would be to our interest to accept them.” Does not know on what terms peace has been reestablished with Morocco, “but if any way within bounds it was certainly a fortunate circumstance, as our force was so divided that we could not protect our commerce against the depredations of the eastern states.” By uniting its force in a smaller compass the U.S. will at least be able to protect its commerce, “which will remove the cause of the War by disappointing the Bashaw’s expectation of plunder.” Has been informed by Nicolai Nissen at Tripoli that negotiation is going on for peace and the redemption of Andrew Morris and crew, “by the intervention of the Spanish Consul at Tripoli & Mr. OBrien at Algiers under the immediate guarantee or control of the Dey of Algiers, the only particulars that I am inform’d of is the arrival of a Shaux or messenger from the Dey of Algiers at Tripoli to treat upon the subject, & that the Bashaw of Tripoli intended to send one of his own Shauxes to Algiers to make proposals for peace in an imperial vessel which was to sail from Tripoli on the 25th. of August.” Hopes that O’Brien will give JM details of the transaction, “which in my humble opinion is a very singular one.” Adds, “I am ready to embark at a moments warning.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 3 pp. Extracts printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:287–88. For first enclosure, see n. 1. Also docketed by Wagner as enclosed in Cathcart’s dispatch no. 15 are a copy of a letter to Cathcart from Stephen Cathalan, Jr., including transcriptions of James Simpson’s circular letter announcing the reestablishment of peace between the U.S. and Morocco, 12 Aug. 1802, and John Gavino to Cathalan, 19 Aug. 1802, stating that Commodore Morris and the Enterprize left Gibraltar on 18 Aug. convoying twenty Swedish and American vessels to Italy, to which Cathalan added that the fleet had reportedly arrived at Malaga on 19 Aug. (1 p.; Cathcart noted on the verso, “The accts. on the other side does not exactly correspond with each other”); and a copy of article 6 of the 1784 treaty between Spain and Tripoli stipulating that any Tripolitan cruisers seizing ships within ten leagues of the coast of Spain would be treated as pirates, with a note by Cathcart pointing out that Captain Morris’s ship was said to have been seized six leagues off that coast and asking what steps ought to be taken (1 p.; partly in Spanish). Filed with the RC is a copy of Nicolai Nissen to Cathcart, 25 Aug. 1802, relating Tripolitan minister Sidi Mohammed Dghies’s opinion that Cathcart’s presence at peace negotiations would be an advantage to both countries (1 p.).

   Cathcart enclosed a copy of Hammuda Bey to Jefferson, 8 Sept. 1802 (2 pp.; in French; docketed by Wagner) (translation printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:269).

   For the bey’s requests for forty twenty-four-pound cannon and ten thousand sets of small arms, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:79, 355–56, 2:102 n. 2.

   For the negotiations with Morocco, see James Simpson to JM, 3 and 12 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:452–53, 475).

   For the 17 June 1802 seizure of the Franklin under Capt. Andrew Morris, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:457 n. 2.

   A chiaus (or chouse) is a Turkish official messenger.

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