Title: From James Madison to Charles Pinckney, 22 March 1803
From: Madison, James
To: Pinckney, Charles

Sir,Department of State, 22d March 1803.
In your letter of the 10th of October which is only now come to hand, you inclose the accounts of Mr. Young and Yznardi, observing that you had admitted them. It is hardly necessary to intimate to you, that vouchers are necessary in all possible cases to support such accounts, and it is hoped that you have exacted them accordingly: but it is clear that most of the items charged in Mr Youngs account are not covered by any specific legal appropriation, and are otherwise of an inadmissible nature. In a few instances moderate sums less than one hundred dollars, have been allowed to Consuls for fitting their Offices immediately after their appointment’s taking place; but the expence has ceased thereafter, and contingent accounts of the Consuls are a charge of a novel kind. Of his whole account the expence of the two blank books, Culnans Exequatur and of the postage, if it related solely to public business, is such as would be regularly reimburseable by the public. No law or usage will authorize a payment for Clerk hire, office rent, fire, Candles, newspapers, printed books, gratuities, nor perhaps desks and archives so expensive as those charged, and at so late a period after the appointment, when it is to be presumed that the Office was already accommodated in these respects. It is repeated that no regular charges are to be made by the Consuls against the public except for the relief of seamen, and in such special cases as cannot be foreseen, but may be approved of by you, always having in view the specific appropriation laws.
As the Convention you signed with Spain will be now submitted to further negotiation, it will be proper in addition to the general remarks contained in preceding letters, to suggest some particular alterations which are calculated to remove doubts and to provide for its convenient execution.
1st The words “Excesses of Individuals” in the caption of the Convention are liable to exception. The term “excesses” has not a definite meaning in the sense in which it is here used, and “individuals” might be restricted, at least as a purely English word, to private citizens or subjects, as distinguished from those who are vested with public authority. The English part of the Caption in the words quoted, uses the preposition of in lieu of the Spanish words corneditas por which are preferable.
It is believed that the form of Words, “who have sustained losses, damages or injuries in consequence of the wrongs committed by the subjects or citizens of either nation, or under colour of authority from it” &c, would be an improvement of importance.
2d  From the first section it would seem that the fifth Commissioner is to be appointed by the common consent of the two nations or in case of disagreement, by lot from two persons, one of whom is to be named by each nation. The formation of the Board would be very much facilitated by substituting the Agency of the Commissioners on each side in the appointment of the fifth Commissioner either by consent or by lot.
3d  To equalize the compensation of the Commissioners, to provide for the payment of the expences of the Board, and to obviate the case of the death, sickness or necessary absence of either of them, the 8th Article of the British Treaty will serve as an approved model.
4th  It would be desirable to add the words “justice, equity” before the laws of nations &c. in the close of the 2d Article, and a clause to the oath, whereby the Commissioners should engage not to sit at the decision of a case in which they might as individuals be directly or indirectly interested.
5th  The Third article limits the term within which claims are to be made to Eighteen months; but the Board should be vested with a power to extend it further, in special cases, so as not to exceed two years in all. The close of this article admits of the same alteration as was suggested above with regard to the caption.
6th  A criticism, perhaps an unfounded one, having been made upon the word testimony used in the fourth article, as if it were restricted to parole deposition, it may not be amiss to change it for the word evidence or to couple them so as to read “all testimony and evidence, the authority of which &c.”
A perseverence in our claims grounded on the wrongs permitted to be done by French Cruizers and tribunals it is expected will produce a correspondent alteration in the whole Convention, and a retrenchment of the sixth article. It will be obvious to you how convenient it will prove, if you can terminate your negotiation so as to produce the requisite modifications of the Convention in season to preclude its reconsideration in the Senate at their next Session in its present shape. With great respect &c
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6).

   According to Wagner’s docket the 10 Oct. 1802 letter included vice-consul Anthony Terry’s account. Pinckney described the enclosures as “the accounts of the Consuls of Cadiz & Madrid” (Pinckney to JM, 10 Oct. 1802).

   This was probably John Culnan, who was appointed U.S. consul at La Orotava in Tenerife by Washington on 28 May 1794 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:158).

   None of the alterations listed by JM is included in the treaty as finally ratified in 1818 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:492–94).

   This phrase should be “cometidos por,” meaning “committed by.”


Title: From James Madison to John Leonard, 22 March 1803 (Abstract)
From: Madison, James
To: Leonard, John

22 March 1803, Washington. “I duly recd. your letter of the 17th. in consequence of which you will receive by tomorrow’s mail the despatches for Mr. Pinkney, of which I wish you to take charge. The letter to him herein inclosed [not found] is a private one giving you the introduction desired.”

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


Title: To James Madison from William Eaton, 22 March 1803 (Abstract)
From: Eaton, William
To: Madison, James

22 March 1803, “At Sea.” Notes that the enclosed reflection was not intended to be communicated, being only the ideas noted in a memorandum on the passage from Tunis to Algiers. “On Mr. OBrien’s coming on board he seemed somewhat surprised at seeing me. I stated to him, as correctly as possible in a few words, the cause and manner of my leaving Tunis.” O’Brien said the Sahib-at-Taba had premeditated it and at Eaton’s request wrote out the following evidence. “This certificate … corroborates so forceably the conclusions I had formed on the Subject that I feel it a duty I owe myself to let them appear—though I do not think them forming suitable matter for an official communication.” Asks pardon for submitting them for JM’s perusal. “If the Sapatapa meditated my destruction he has defeated his own designs by letting me get out of his hands. This was done in a gust of passion, of which, I hope, he may have cause to repent. It has long since been told me that this minister swore he would make me pay for all damages resulting from the impediments I had thrown in the way of his commerce to Tripoli. His conduct has corresponded with this oath. It is presuming far on the submissive temper of the United States to concieve the idea that Government will be careful to search out a man with a disposition and manners altogether pliable to the views of the catamite of the Bey of Tunis in order to maintain a good understanding with the sordid thieves! It is not however a precedent. The Minister may again quote to US the example of Spain.”

   RC and enclosure (DNA: RG 59, CD, Tunis, vol. 2, pt. 2); letterbook copy (CSmH). RC 2 pp. Docketed by Wagner as received 13 May. For enclosure, see n. 1.

   In the enclosed 16 Mar. 1803 “Reflection” (4 pp.), Eaton concluded that his expulsion had been premeditated by Hammuda Bey, who had long viewed Eaton as “an enemy to the Barbary interests” and had threatened to have him replaced by “a consul more friendly to those interests!” The bey accused Eaton of unauthorized conduct in enforcing the blockade of Tripoli “when no blockade existed” and in refusing passports for trade which U.S. consuls at the other regencies gave. The bey complained that Eaton was “less accommodating with him than examples at Algiers would warrant” and considered his conduct regarding the recent reclamations “vexatious.” Eaton argued that his bastinadoing of Joseph Famin and Nathan ben Sullah, although cited by the bey, was not the reason for the expulsion, as the bey had called Eaton a worthy and zealous consul when writing to the president in April 1801. “This was long after my controversy with Famin and the Algerine Jew.” Unis ben Unis had told Commodore Morris “but two or three days previously” to Eaton’s last remonstrance that the bey and the court respected him personally but thought him “too strenuous” in promoting U.S. interests. Eaton inferred that the bey’s objections were not personal but political, as he wished “a slave” as consul. He claimed the bey felt his own character was implicated in Eaton’s denunciation of the minister as “a perjured thief,” since “it is well known that the bey has a particular interest in all the speculations of his minister.” The conduct of the war led him to believe he could no longer be useful at Tunis, since he could no longer maintain his attitude there without support, and “to attempt still to maintain it, unsupported, would be madness indeed.” With the regencies “fortiter in re is outrage—suaviter in modo weakness,” as they wish a tributary consul “to kiss their hands and to submit unconditionally to these exactions.” “I do not however yet abandon my hope from my projects. I must again see Barbary. My momentary absence will be productive of no evils.… But I should regret extremely if, contrary to my calculations, my leaving the coast of Tunis should be followed by consequences injurious to the interests of the United States. Be this however as it may there was no alternative except a posture of submission as incompatible with the honor of my country as repugnant to my own feelings.… The arrest of the Commodore alone gives me uneasiness.” He could not have foreseen or prevented this “violence” as he did not know the government of Tunis was aware of his loan, having been deceived by “protestations of friendship on the part of the Commercial Agent” who betrayed Eaton into the snare. Unis ben Unis had given him a written certificate saying that Eaton never made Morris responsible for payment and excusing the arrest by charging Morris with breach of parole. If the affronts of his expulsion and Morris’s arrest were passed over in silence, it would exhibit the U.S. to the world in a humiliated character. The Sahib-at-Taba and the bey did not blush at being called pirates while resenting the epithet of thief, but they should have expected to be called such. “They had degraded the rank of pirate by making me the subject of their clandestine robbery.” As long as these “chiefs of brigands” were allowed “to treat our Country as a manor and its citizens as vassals,” they would expect to “have slaves for Consuls.”

   O’Brien’s 20 Mar. certificate, copied into the body of the RC, stated that in October 1802 “a respectable Jew merchant from Tunis” informed him in the presence of Baccri, Busnach, and Morris that the Sahib-at-Taba had said he would “work the destruction of the American Consul at Tunis.” In a postscript O’Brien wrote that the merchant added that the Sahib-at-Taba also said “he was determined to have an American Consul more pliable to his views.”

   Eaton had reported to Timothy Pickering four years earlier that Hammuda Bey’s duties “render his life extremely laborious,” adding: “He lives abstemiously, exercises much, and sleeps little (and alone, tho’ connected by marriage with the finest and most accomplished woman in the kingdom, who is about ten years younger than himself and devoted to him by the most affectionate attachment). But with all these excellent qualities of the prince he is not without a blemish the name of which would excite a blush in the countenance of the most depraved of nature’s children; and, however singularly unnatural, his favorite minister, the Sappatappa, a lusty Turk of about thirty three, is the first object of his passion” (Eaton to Pickering, 15 June 1799 [DNA: RG 59, CD, Tunis, vol. 1]).

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


Title: To James Madison from Daniel Clark, 24 March 1803
From: Clark, Daniel
To: Madison, James

SirNatchez 24 March 1803
I came to this place two days since to confer with the Governor of the Territory & Genl. Wilkinson on the approaching Changes in Louisiana & to communicate to them such intelligence as I had procured of the views of the French with respect to us. On my way up I met a Doctor Watkins formerly of Kentucky now of St. Louis at the Ilinois who returned last Year to the U. S from France where as well as in Spain he had been endeavoring to procure a grant of 3,000,000 Acres of Land on the West of the Mississippi. He is in hopes either by Money or Interest to obtain this of the French as soon as they arrive, and offers to bring over to them 1200 Families. From his Conversation & the doctrines he inculcates in the Minds of the People of the Western states by persuading them that they will find their Interest advanc’d by the neighborhood of the French while he admits the integrity of the Union may be affected by it, I look on him as a very dangerous Man, against whom Measures ought to be taken whenever he returns to Kentucky or any other part of the U. S. to put his Plans into Execution and it might perhaps be adviseable that the President should make use of his influence over the People of Kentucky to induce them to dissolve the Company whose Agent Watki⟨ns⟩ is, and who are all well known in Lexington.
The baggage of the Prefect appointed for Luisiana had arrived in Orleans before I left it. I anxiously wish to hear from you & hope you may point out some thing in which I can be useful at the present eventful Moment. I have the Honor to remain with respect & Esteem Sir Your most obedient & most humble Servant
Daniel Clark

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

   Kentuckian John Watkins married into “one of the most respectable & numerous families in Louisiana,” was recommended by Claiborne for the post of secretary of the territory, and was appointed to both the legislative council and the position of recorder at New Orleans. He served as mayor of New Orleans from 1805 to 1807 and was Speaker of the territorial House of Representatives. Although Claiborne described him in 1806 as “a faithful, vigilant officer” deserving of his confidence, a year later Watkins’s behavior during Burr’s conspiracy inspired fears that he had abandoned his principles and Claiborne removed him from the mayoralty (Carter, Territorial Papers, Orleans, 9:222, 346, 426, 481–82, 675, 731, 734; Thomas Perkins Abernethy, The Burr Conspiracy [New York, 1954], p. 227).


Title: To James Madison from Robert R. Livingston, 24 March 1803
From: Livingston, Robert R.
To: Madison, James

No. 72
Dear SirParis 24 March 1803.
The question of war yet remains undetermined my letters from Mr. King of the 18th lead me to believe as well as my persuasion of the present System of politicks in England that war will come Soon. Here there is an earnest & Sincere desire to avoid it as well in the Government as the people. I enclosed in my last a note to the Minister. Some days after I called upon him & he told me an answer was prepared, & that every thing Should be arranged—& I have no doubt that the answer contained all those assurances which I have been So long Solliciting. Unfortunately at that moment dispatches arrived from Mr Pichon informing them that the appointment of Mr Munroe had tranquillized every thing, & that conceiving then that they might Safely wait his arrival, they determined to See whether the Storm would not blow over in which case they will treat with more advantage. They accordingly Substituted for the first note which as the Minister told me arranged every thing, that inclosed which contains nothing (No 1). To this I put in the note (No 2) which I Suppose will produce no effect if the war does not happen. Last night I received another note (No 3) complaining [of] our Supplying the blacks at St Domingo &c to this I returned the answer No 4. I have had a great deal of conversation with Genl Bernadotte & communicating my two notes to him, I gave them to him to Shew to the Gentl I have mentioned & endeavoured to convince him that he was personally interested, that the Specific declarations I requested Should be given before he goes out—which will be in a few days.
Upon the whole, I think every thing is prepared for Mr Munroe, & I cannot but hope that Something may be effected, tho’ I fear Dupont de Nemours has given them with the best intentions Ideas that we Shall find it hard to eradicate, & impossible to yield to.
Florida is not yet ceded nor, as I hope, very likely to be So. The armament in holland designed for Louisiana is Stopped for the Present in consequence of the State of things here. I am Dear Sir with the highest consideration Your most Obt hum: Servt
Robt R Livingston

   RC (PHC); duplicate and duplicates of enclosures nos. 1 and 2 (DNA: RG 59, DD, France, vol. 8); FCs of enclosures nos. 1–4 (NHi: Livingston Papers, vol. 3); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston. Docketed by Wagner as received 19 May. Duplicate docketed by Wagner as received 22 Aug. Letterbook copy marked, “Sent by Mr. Curwen via Bordeaux.” For enclosures, see nn. 3 and 4.

   In an 18 Mar. 1803 letter (2 pp.), King twice repeated his belief that war was inevitable and noted that the orders countermanding the expedition to Louisiana had been reported by France to the British government. King added that if war came, it would provide a means of attaining U.S. goals regarding the Mississippi River (NHi: Livingston Papers).

   See Livingston to JM, 18 Mar. 1803, and n. 2.

   Enclosure no. 1 is a copy of Talleyrand to Livingston, 22 Mar. 1803 (3 pp.; in French), expressing concern at the unfriendly American response to the prospect of having France as a neighbor. Talleyrand stated that Napoleon would receive Monroe with pleasure and hoped the mission would so terminate as to give satisfaction to both nations. Enclosure no. 2 is a copy of Livingston’s reply, 23 Mar. 1803 (4 pp.; misdated 11 Mar. 1803), in which Livingston expressed his mortification at Talleyrand’s note, commenting that French secrecy regarding the transfer of Louisiana and France’s refusal to acknowledge U.S. rights on the Mississippi were enough to arouse American suspicions. He noted that Monroe’s powers to negotiate were given jointly with his own and expressed his disappointment at the French government’s decision to delay further discussion until Monroe’s arrival. Both notes are printed and misdated in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:550–51.

   In enclosure no. 3, Talleyrand to Livingston, 21 Mar. 1803 (2 pp.; in French), Talleyrand complained of Americans supplying the revolutionaries at Saint-Domingue and of a subscription raised at Philadelphia for that purpose. He asked Livingston to call the attention of the U.S. to the necessity of opposing these illegal acts. He transmitted new orders from Decrès commanding the captain general at Saint-Domingue to prosecute all merchants engaged in commerce with the insurgents with the full rigor of the law. Americans would not be excluded from the order, painful as such prosecution would be to France. He suggested JM have the order posted in every town to inform Americans of the danger to which they would be exposed by any new infraction. In Livingston’s reply to Talleyrand, 22 Mar. 1803, enclosure no. 4 (3 pp.), he expressed surprise at hearing of the illegal trade. He said he doubted the accuracy of the report for the following reasons: no return cargoes could be found in rebel territory to compensate for the risk and expense of the trade; such a trade could be carried on with greater advantage in small boats from the neighboring islands; and heavy losses would attend any shipments from the U.S. Livingston said he believed Decrès had been misinformed also about the subscription at Philadelphia, because the religious tenets of the Quakers forbade the support of any war and because letters and newspapers as recent as early February made no mention of the subscription. Talleyrand was too well acquainted with the nature of U.S. newspapers to believe they would allow “something so interesting” to escape their notice, nor had any official information on the subscription been received from the French legation, which would hardly have overlooked such an outrage. Livingston lamented not having received this news earlier so that laws restricting the illicit commerce could have been passed during the last congressional session.

   This was probably Joseph Bonaparte.


Title: To James Madison from William Buchanan, 24 March 1803 (Abstract)
From: Buchanan, William
To: Madison, James

24 March 1803, Île de France. “I have the pleasure to inclose you a return, of the American Vessels, which have arrived at this Port, during the last six months of the year 1802 [not found], by which you will perceive, that the intercourse between the United States and this Island, has been very inconsiderable during that period. Since the Peace no change has taken place in the commercial regulations of this Island, and from letters lately received from France we flatter ourselves that this Port will remain free to all Nations; should any change take place, I shall do myself the pleasure to communicate it to you by the first occasion.”

   RC (DNA: RG 59, CD, Port Louis, vol. 1). 1 p. Docketed by Wagner as received 1 July.

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


Title: To James Madison from George W. Erving, 24 March 1803 (Abstract)
From: Erving, George W.
To: Madison, James

24 March 1803, London. Assumes JM is anxious “at this very critical & important moment” to receive all possible information and opinions on the question of war between Great Britain and France. “The general apprehension here, & the vigorous preparations which are going on, would lead one to suppose that the British government Either considered war as inevitable, or were determined upon it; but the financial state of this country, the State of the Ministry, the sacrifices which they have made to obtain, the indignation which they have submitted to & the aggressions which they have permitted to preserve peace, all encourage the persuasion that a war will not take place: the policy of France too is on every ground so manifestly in favor of peace, & there can be so little hope Entertained of her finding herself at the conclusion of another war in the same commanding situation which she at present occupies, that it is hardly to be supposed that the impetuosity or blind ambition of Buonoparte shoud urge him on to a war if any means are left of avoiding one.… Some pretend to beleive that the projected Expedition to N. Orleans makes a part of the question; but the State of Malta & the Expeditions for the E. Indies form of themselves sufficient grounds of misunderstanding.… It is hardly Probable that the Existing difficulties will be very speedily adjusted; & in any event we may be sure of profiting by the state of their affairs, which afford us the best prospect of a ready & successful termination to the negotiations of Governor Monroe.” Orders sent to retain the Cape of Good Hope were countermanded after Andréossy’s arrival. “Therefore news may be soon Expected of its being in possession of the Dutch.… As to Malta, if the Emperor of Russia preserves his faith, the English must necessarily give it up; & the probability is that the French have secured Alexander by the bribe of Malta itself. The movements of this Country do not seem to have called forth as much brusquerie from Buonoparte as might have been Expected; there is to be sure in the papers a pretended conversatio⟨n⟩ between him & Lord Whitworth in which the Consul betrays some warmth; but this is differently related, & after all there may not have been much in it: Besides there is a little secret history belonging to Lord Whitworth which might induce Buonoparte to treat him with some degree of hauteur in the presence of the Russian Envoy; Lord W. formerly kept the sister of the murderer of Paul; & about the time of that Event 30,000£ appears to have been charged for secret service!! … The kings message does not appear to have Excited a very strong sensation in France, & nothing can be collected as to its Effect on them; They either despise the threats of this country, or feel secure in the continuance of peace.”
Has not yet heard of Monroe’s arrival, but letters received from France on 23 Mar. mention that Livingston was received at the last consular levee “with the most marked distinction,” and “orders have certainly been issued to suspend the departure of the Louisiania Expedition from Holland which was before stated to be on the point of sailing.”

   RC (MHi: Erving Papers). 5 pp. Marked “Private.”

   See Livingston to JM, 18 Mar. 1803, and n. 3.

   During the latter part of Whitworth’s term as British ambassador to Russia, his mistress was Olga Alexandrovna Zherebtsova, whose brother, Prince Platon Alexandrovich Zubov, was one of the conspirators in the murder of Paul I on 24 Mar. 1801. Whitworth was rumored to have disbursed a large sum of money immediately before his departure from St. Petersburg in June 1800. These two circumstances, together with the peace overtures made by Alexander I toward Great Britain after his father’s assassination, were sources of much speculation both at the time and since as to the extent of Whitworth’s involvement in the conspiracy (James J. Kenney, Jr., “Lord Whitworth and the Conspiracy against Tsar Paul I: The New Evidence of the Kent Archive,” Slavic Review, 36 [1977]: 205–19).


Title: To James Madison from James Maury, 24 March 1803 (Abstract)
From: Maury, James
To: Madison, James

24 March 1803, Liverpool. Last wrote on 25 Feb., since which time “the alarm of war has occasioned a great press for Seamen.” Many Americans, probably confident of a continuation of the peace, do not have certificates of citizenship and are therefore in a position “which exposes them to impressment.” Writes to suggest the propriety of recommending that no American seamen leave home without the necessary documents to protect them from impressment.

   RC (DNA: RG 59, CD, Liverpool, vol. 2). 1 p. Marked “duplicate.” In a clerk’s hand, signed by Maury. Docketed by Wagner as received 8 May. An extract printed in the National Intelligencer of 21 Dec. 1803 is dated 26 Mar. 1803.

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


Title: From James Madison to Albert Gallatin, 25 March 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

25 March 1803, Department of State, Washington. Asks that a warrant for $2,520 be issued on the appropriation for the relief of seamen in favor of James Davidson, Jr., assignee of George W. Erving. Davidson holds a bill of exchange drawn by Erving, who is to be charged on the treasury books.

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


Title: To James Madison from Rufus King, 25 March 1803 (Abstract)
From: King, Rufus
To: Madison, James

25 March 1803, London. No. 87. “Baron Silverhjelm, the Swedish Envoy, after mentioning once or twice that he had received orders to explain to me for the information of the President, the motives which had influenced Sweden to make peace with Tripoli, some days since called upon me, and for this purpose read me the Instructions which he had received from his Government. I suggested to him that as I might commit mistakes in reporting this Communication to you, I prefer’d that he should put in writing the Explanation he was charged to make; and he accordingly wrote me a Letter the copy of which, and of my answer you have annexed.
“It is nearly a fortnight since Lord Hawkesbury informed me that he had lately ascertained that the American Commissioners under the 7th. article of the Treaty of Amity and Commerce, with the concurrence of the fifth Commissioner conceived themselves authorised to allow Interest upon the Claims before them for the Time during which the Proceedings of the Board had been suspended: That as this Suspension had taken place in consequence of the suspension of the Commission in America, it did not appear to him that the Board here had authority to allow Interest for this portion of Time: That he made me this communication in hopes that we might agree in the just interpretation of the Powers of the Commissioners, as it would be disagreeable, particularly at the juncture of affairs when he was speaking, again to arrest the proceedings of the Commissioners. I replied that the Subject was both unexpected and new; that it should receive my immediate consideration; and that I would take the earliest opportunity in my power of conversing with him respecting it.
“After maturely reflecting upon the objection, which originated with and was entertained by Doctor Swabey,… I informed Lord Hawkesbury that I was ready to meet him; but owing to the discussions going on with France he has not yet appointed a day to receive me. In the mean Time the Commission proceeds in examining and deciding the Cases before it; leaving open the ascertainment of the amount of the respective Claims. As the first Instalment of the £600,000 to be received by Great Britain is payable in July; and as from the nature of the Negotiations with France I may not be able to meet Lord Hawkesbury soon, it has appeared to me proper to apprize you of this objection to the powers of the Commissioners, which may be followed up by a suspension of their Proceedings.”

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 55). RC 3 pp. In a clerk’s hand, signed by King. Printed, except for the first paragraph, in King, Life and Correspondence of Rufus King, 4:235. For enclosures, see n. 1.

   Baron Göran Ulrik von Silfverhiem, in his 18 Mar. 1803 letter (3 pp.; in French), explained that Gustavus IV had initially hoped that Sweden and the U.S. could work together to defeat Tripoli, but during the first year of the war the instructions of the American squadron prevented them from engaging in hostile actions against Tripoli. Finding that the principal object of the Americans was to convoy merchant ships and that the distance between Sweden and the U.S. made communication difficult, Gustavus IV ended a war that was becoming increasingly costly, as the lack of cooperation between the two squadrons permitted the enemy to increase the number of its prizes and captives. In his 23 Mar. 1803 reply (1 p.), King told Silfverhiem that he would forward the letter to the president.

   After prolonged discussion among the board members on the validity of awarding the disputed interest, the issue was decided on 30 Apr. 1803, when the British commissioners, acting on instructions, declared themselves ready to proceed with the awards process (Moore, International Adjudications, 4:109–19).


Title: To James Madison from Jacob Latting, 25 March 1803
From: Latting, Jacob
To: Madison, James

Letter not found. 25 March 1803, New York. Acknowledged in Wagner to Latting, 29 Mar. 1803 (DNA: RG 59, DL, vol. 14), as an inquiry about claims against Spain.


Title: From James Madison to James Monroe, 26 March 1803
From: Madison, James
To: Monroe, James

SirDepartment of State: Washington, 26 March 1803.
The chart from which the enclosed was copied is contained in a collection made for the Department of State by Arrowsmith of London. The soundings and other minute circumstances, relative to the northern coast of the Bay of Mexico and the Islands situated in it, have induced the belief that it may prove serviceable to you. With very great respect, I have the honor to be, Sir, Your most obed. servt.
James Madison

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM. Docketed by Monroe. Enclosure not found.


Title: From James Madison to James Simpson, 26 March 1803
From: Madison, James
To: Simpson, James

Sir,Department of State March 26th. 1803
Since my letter of the 22d of August, I wrote you one dated in October, supposed to be on the 21st but of which no copy is now found in the office: I therefore request you to return me a copy of it.
I have now to acknowledge the rece[i]pt of your numbers from 47 to 52 both inclusive. All your Bills have been honored as they appeared: and on the 9th of November last Messr[s] Bird, Savage & Bird of London were directed to pay your Bill for a years’ salary. This however has been anticipated by your draft referred to in No 50 for the same object. It will therefore remain to answer a similar purpose for the ensuing year.
A considerable time has elapsed without our receiving direct information of the footing on which you have succeeded in placing the affairs of the United States, with Morocco. The resistance you made to the demand for biennial embassies and presents, was certainly proper, as well as your conduct respecting the passport requested for the ship at Gibraltar, asserted to be the property of the Emperor. I have noticed the suggestion you make of the necessity of a gratification to Sidy Mahomet Slawy [sic]; and I trust that a passage in my letter of the 22d August will have enabled you to act in this respect as the case required.
The hostile aspect of Morocco prevented the Gun carriages from being forwarded with our last vessels, and the want of an opportunity has extended the delay, since we have had notice of the change. At present we think it will afford us the best chance of falling in with your arrangements to give you a credit with Bird, Savage & Bird of London for $4,000 to enable you to purchase them in Europe or to offer cash or other convenient Articles in lieu of them. It is supposed that they may be had, if the Emperor requires them specifically, at Lisbon, Cadiz, Gibraltar Toulon or elsewhere on as good or better terms than they can be sent out. I have the honor &c
James Madison
P. S.
Information has just been received at this office, since the foregoing was written, that the House of Bird, Savage & Bird, in London had stopt payment. You will of course forbear to draw upon them, if this which is a duplicate of my letter authorizing you to do it, shall reach you in time. No other House is yet fixed upon, as a depository of the credit intended to have been lodged with that of Bird, Savage & Bird; but no time will be lost in designating one, and in giving you the necessary information.
Dept of State Apl 1. 1803.
P. S. April 6. You may draw for the money upon the Minister of the United States in London.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:507–8.

   Simpson’s no. 47 is dated 3 Aug. 1802; his no. 52 is dated 15 Dec. 1802.

   See Bird, Savage, and Bird to JM, 7 Jan. 1803, and n. 1.

   Simpson to JM, 14 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:581).

   Simpson to JM, 28 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:602–3).

   On the same date JM wrote to Gallatin asking him to transfer $4,000 from Barbary appropriations to Bird, Savage, and Bird to enable them to pay the draft that Simpson was authorized to make on them (DNA: RG 59, DL, vol. 14).

   The State Department clerk noted here, “[P. S. added to the Duplicate of the foregoing letter].”


Title: From James Madison to John Page, 26 March 1803 (Abstract)
From: Madison, James
To: Page, John

26 March 1803, Washington. “General Muhlenberg the collector at Philada. informs me that a Box containing a Model, and addressed to Governor Monroe has been left at the Custom house there by a vessel which lately arrived. He wishes to know in what manner he is to dispose of it. Presuming that the address was meant for the Govr. of Virginia, I take the liberty of giving you this information, with a view that you may give the proper orders in the case.”

   RC (Vi: Executive Papers). 1 p. Printed in CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 9:348. A docket on the cover in an unidentified hand reads: “Postponed. Write to Genl. Muhlenburg to forward it on to this place with an acct. of any expence occured [sic] in its arrival. / Letter written accordg. to Advice May 17th.”

   No such letter from Peter Muhlenberg to JM has been found.


Title: To James Madison from Samuel Coleman, 26 March 1803 (Abstract)
From: Coleman, Samuel
To: Madison, James

26 March 1803, Richmond. “The inclosed was opened here on a presumption that it might be a publick letter. As it is found to be a private one I have deemed it proper to forward it to you who will be the best judge of the propriety of forwarding it to Mr. Monroe or of doing for him in the Case what it is likely he would do had he have been here & received it himself.”

   RC (DLC). 1 p. Enclosure not identified.


Title: To James Madison from William C. C. Claiborne, 27 March 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

27 March 1803, “Near Natchez.” Acknowledges receipt of JM’s 14 Feb. letter with its enclosure on the evening of 24 Mar. Forwarded the New Orleans packet to Hũlings by express on 25 Mar. “It is reported that several french Officers have arrived at Orleans and Certain information received of the sailing of the fleet with the army for Louisiana.” He will learn if the report is true when the express returns. At present he does not give much credit to the rumor. “Mr Monroe’s Mission is highly satisfactory to most of the reflecting Citizens of this territory; but there are some few Characters among us (from whose standing in society a contrary conduct was expected) who either from sinister views or sanguine temperaments, reprobate the policy pursued, and have not been wanting in exertions to inflame the public and excite among them a spirit of discontent. But happily the reason and fears of these men hav⟨ing⟩ obtained the ascendancy of their passions, no difficulty has been experienced in suppressing in the bud such insurgent and disorderly efforts.” Daniel Clark has returned from Europe and is presently in Natchez.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:283–84.


Title: To James Madison from Bushrod Washington, 28 March 1803
From: Washington, Bushrod
To: Madison, James

SirBaltimore March 28. 1803
Forsyth’s treatise which you were so polite as to lend me, I brought as far as Alexa, with an intention of returning it as I passed thro’ the City, but in the hurry which an unexpected call of the stage occasioned, the book was forgotten. I wrote last night from George town to request it might be sent on to you today, but lest this may not have been done, I forward you a Copy from this place. Should both go safe to hand, You will have the goodness to leave one of them with Mr Forest until my return.
The work appears to be a very valuable one, & I pray you to accept my thanks for the opportunity you afforded me of perusing it before I left home. I am Sir very respectfully Yr Obt. Servt.
Bush. Washington

   RC (PP: Hampton L. Carson Collection). Docketed by JM.

   This was probably William Forsyth’s A Treatise on the Culture and Management of Fruit Trees … (Philadelphia, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 2236).

   Bushrod Washington (1762–1829), a nephew of George Washington, was a Revolutionary War veteran and lawyer who was appointed an associate justice of the U.S. Supreme Court in 1798 and served until his death.


Title: To James Madison from Rufus King, 28 March 1803 (Abstract)
From: King, Rufus
To: Madison, James

28 March 1803, London. No. 88. “My No. 86. [19 Mar. 1803] communicated the tenour of Lord Hawkesbury’s Note of the 15. to the French Ambassador: the conclusion of the Note refers to the demand of France for the evacuation of Malta and declares ‘that the King cannot consent to its evacuation unless substantial security be provided for those objects which in present circumstances would be endangered by that measure.’
“Yesterday morning the French Ambassador received a Courier with the answer of his Government which was delivered to Lord Hawkesbury in the course of the day. It contrasts the blessings of Peace with the miseries of War, and professes on the side of France a sincere desire to maintain the enjoyment of the former: it denies the existence of any such naval and military Preparations as are spoken of in the King’s Message to Parliament; and in respect to the changes which are said to have taken place in the relative Condition of France since the Treaty of Amiens, it affirms that the forces and influence of France have not been encreased. With regard to Sebastiani’s Report, the answer justifies its publication, as a necessary vindication of the Reputation of the first Consul against the false and criminal imputation cast upon it in the history of the Campaign of Egypt, published in London by Sir Robert Wilson an Officer in the Service of his Britannic Majesty. The answer Seeks no explanation of the substantial security upon the Provision of which Lord Hawkesbury’s Note offers by implication to evacuate Malta: but concludes with saying, the First Consul does not take up the Gauntlet thrown down by his Britannic Majesty: and in respect to Malta, the Treaty of Amiens has definitively provided for its Evacuation by England, and its restitution to the order of St. John.
“It is natural to infer from this conclusion that the French Ambassador has orders to reiterate his demand on this point. The English Cabinet will refuse as before, and as the English forces occupy Malta the War will probably be declared, and commence on the side of France.
“The first Consul has given notice at Berlin, in case of War with Great Britain, that he shall take possession of Hanover, occupy Hamburgh, and close the Elb.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 3 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 10 May. Printed in King, Life and Correspondence of Rufus King, 4:236–37.

   For the exchange of information between Hawkesbury and Andréossy following the arrival of the messenger, see Annual Register for 1803, pp. 704–8.


Title: To James Madison from John Mitchell, 28 March 1803 (Abstract)
From: Mitchell, John
To: Madison, James

28 March 1803, Le Havre. Thinking it interesting to the U.S. to be informed of European events, sends an extract of a 26 Mar. letter received from Paris which notes: “I think War inevitable, the Dutch Troops &c that went to take possession of the Cape good hope Are made Prisoners, that is, they are allowed to Land Under many restrictions and not to take the Country under their Government. A British frigate that saild long after the Dutch fleet, arrived first at the Cape, with orders to keep poss⟨ess⟩ion of the Cape &c. The Capitulation is published in an English paper of 22 March.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 2 pp. Docketed by Wagner.

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


Title: To James Madison from David Humphreys, 29 March 1803 (Abstract)
From: Humphreys, David
To: Madison, James

29 March 1803, New York. “In compliance with a request from Mr. Thomas Bulkeley of Lisbon, now conducting the Commercial House of Messrs John Bulkeley & Son, I have the honour to forward to you the enclosed letter, which has just come to my hand. The subject of the claim of that House on the Department of State being so fully explained, I cannot doubt that a satisfactory arrangement will be made.… Any communication which you may think proper to make, will be transmitted by either Messrs Jesse & Rob: Waln or myself. Should you favour me with an answer, it would find me at New Haven.”

   RC (DNA: RG 59, DD, Spain, vol. 5). 2 pp. Marked “Copy.” Written above a 4 Apr. 1803 note from Humphreys: “The preceeding is the copy of a letter which I addressed to you on the 29th Ulto.—Since which time, I have received the enclosed from Lisbon. This I take the earliest opportunity of forwarding according to request, and have to solicit the favour of a reply.” The enclosed letters have not been identified, but one may have been John Bulkeley & Son to JM, 10 Feb. 1803.

   On 23 Dec. 1802 Brent had written to the Walns at Philadelphia inquiring whether they were authorized to accept the balance due John Bulkeley & Son, whose accounts were soon to be adjusted at the treasury (DNA: RG 59, DL, vol. 14). The claim was for $51,275.41, of which $50,455.05 was allowed by the treasury when the account was settled on 12 Mar. 1803 (DNA: RG 217, First Auditor’s Accounts, no. 14,051).


Title: From James Madison to Richard O’Brien, 30 March 1803
From: Madison, James
To: O’Brien, Richard

Sir,
Department of State 30 March 1803
The Secretary of the Navy, to whose Department the transmission of the Articles for Algiers has lately been transferred has given orders for collecting the maritime stores and other articles, the lists of which you have transmitted, with the exception only of the powder, on which as there would be a loss of two or three ⅌ Cent it is not believed that the occasion demands such a sacrifice, especially as the money in your possession, if ultimately accepted on the annuity, the stores &c above alluded to, the Consular and biennial presents, which are soon to be made, ought sufficiently to gratify the Deys expectations from our liberality: at least the urgency is not considered so critical as to preclude the delay necessary for endeavours to repel the demand.
It may be proper here to recall to your recollection some circumstances, which may account for the omission till now of effectual measures for collecting and forwarding those stores. They may tend at once to give you proper impressions and allay the suspicions and impatience of the Dey. When the present administration succeeded to the management of the public interests, they found our relations with the Barbary Regencies in an alarming situation, all of them openly menacing our peace, and Algiers and Tunis founding their dissatisfaction upon the large arrearages due and withheld from them. To the latter all her dues were soon paid up, and to the former, we have given satisfaction, except as to the last year’s annuity, for which we sent the same sum of money that had contented her the year before, but which she has not now thought proper to accept. A more reasonable expectation could not have been entertained than that her conduct would have been the reverse of what you inform me it is, both as to the refusal of the cash in payment of the annuity and her peremptory requisition of stores greatly exceeding in value the arrearage. If our punctuality instead of producing a harmonizing temper becomes a temptation to extort more than justice admits, there will be little encouragement to that line of policy towards the Dey.
My letter of the 10th May last must have been misunderstood, if it could be construed to withdraw the small pension you allow your mother out of your salary. I have ordered the only draft that since appeared from her to be paid.
To satisfy the debt due to the Jews, cash is preferable to goods. If other motives to this preference were wanting, it would be sufficient to recall to view the expence and trouble incurred in procuring the extraordinary articles forwarded in the Washington on her last trip, which were then rare, and are now unsaleable, and which they have returned without assigning any reason. You will be pleased to claim a credit from them (which they are bound in writing to admit) equal to the insurance paid upon the Articles they received in the Sophia and the Washington on her first voyage to Algiers. The inclosed certificate from the Purveyor, which, from its date, you will perceive, was intended to be transmitted long ago, will serve to ascertain the amount of the credit.
The President in compliance with the usage which admits of the refusal of a Consul on grounds peculiar to the person, will shortly appoint another for Algiers to succeed you. He will no doubt be sent out without delay, and with all the requisite instructions for substituting his responsibility on the public account for yours. It is also intended that he shall carry out tops and samples of the new passports, which are to supercede those now in use, after a sufficient lapse of time from our hearing of their being distributed on the coast of Barbary to enable all the vessels of the United States to be supplied with them.
There are several other subjects in your latest letters (some of them personal) requiring answers, which shall be duly attended to. I am very respectfully Sir your Obt Sert
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1). Enclosure not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:208 and n. 2. For O’Brien’s reply, see his letter to JM, 16 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:586–87).

   See JM to Gallatin, 8 Feb. 1803, and n. 1.

   Chemical products worth $2,552 which were sent out on the second voyage of the George Washington for Baccri and Busnach had been returned by O’Brien in November 1801 (see Israel Whelen to JM, 14 July 1801, O’Brien to JM, 25 Nov. 1801, and Whelen to JM, 10 May 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:412, 413 n. 3, 2:272 and n., 3:211 and n. 1).

   The insurance charge for the cargo of the Sophia was $2,526.50 (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)., 1:597, 648).


Title: Circular Letter from the American Board of Agriculture, 30 March 1803 (Abstract)
From: American Board of Agriculture
To: Madison, James

30 March 1803, Washington. Articles 7 and 8 of the board’s constitution state that each member of the committee of correspondence shall “consider it his duty to collect information and transmit it to the Secretary (of State)” and that any agricultural society in the U.S. “having the same objects as this Board” shall be entitled to membership. Recommends opening “a subscription towards a fund adequate to the purchase of ground for an Experimental Agricultural Garden, perhaps of 500 acres in the vicinity of the seat of Government; for the erection thereon of a building for a Museum, and of other suitable buildings.” “The contribution of one dollar from every citizen in the United States desirous of promoting an object to which so much national reputation, as well as so much real usefulness would attach, would be amply sufficient.” If wealthier citizens give more than that amount, “it will diminish the necessary contribution, even to the ‘widow’s mite,’ with those in more moderate circumstances.” “Subjoined is a list [not found] of a few subscriptions at the seat of Government.”

   Draft (DLC). 3 pp. In the hand of Isaac Briggs. Docketed by JM in pencil, “Agriculture, Amn. Board of.” The first paragraph indicates that the circular was to be sent to members of the committee of correspondence and to local agricultural societies.


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

30 March 1803, “U. S Ship Chesapeake Gibraltar Bay.” No. 3. Notes that his last dispatch informed JM of transactions at Tunis; he now communicates those at Algiers. He and Morris arrived in the bay of Algiers on the evening of 19 Mar. and found there a French frigate whose commander informed them that Mustafa Dey had not declared war on France, as they had been told at Tunis, and that the frigate’s boat was on shore to arrange matters amicably if possible. “The Commodore order’d the Schooner to Stand in Shore in order to bring Mr. O’Brien off in the Morning, thus will the Dey be inform’d that Mr. Eaton was sent away from Tunis, by the Bashaw which will induce the Jews & Mr. OBrien to persist in persuading him not to receive me as Consul who undoubtedly will quote this transaction as precedent & insist upon the same priviledge.” At 1 P.M. on 20 Mar. O’Brien arrived on board and remained an hour. “He presented the Commodore with some papers the Contents of which are to me unknown [and] he gave me a letter which he said was an answer to mine of the 25th Novembr. It contain’d little but insolence which I treated with silent Contempt, its prominent features were the dey’s positive refusal to receive me & Mr. OBrien’s refusal to be amenable for his Conduct to any authority but the Government of the United States as he by no means considers himself superceeded by me.” Will answer O’Brien’s letter by the first opportunity and send the State Department a copy. O’Brien also furnished a list of the consular presents delivered in 1798.
O’Brien replied to Morris’s “interrogations” that the dey had refused the cash commutation, which was at O’Brien’s house, but might accept part of the following year’s annuity in cash when the stores arrived. He added that the U.S. owed the Jews $20,000, “which must be immediately paid as they were impatient for their Money.” He said the dey was “very much displeas’d” with the delay in the shipment of timber for shipbuilding, as it had prevented the completion of a cruiser which was “nearly ready to launch.” O’Brien repeated that the dey would not receive Cathcart and noted the U.S. “had better not displease him as he was negociating a peace with Portugal” that would allow Algiers access to the Atlantic to prey on U.S. commerce. “True answer’d I & all the presents we will ever give him, will not prevent his Cruising against us when that takes place. But, he will never have it in his power, to act the tragedy of 1793 again, so long as the United States has Vessels of War to oppose his depredations.”
“Mr. Eaton came on Board with Mr. OBrien, when the latter declar’d to the Commodore that several Months past some respectable subjects of Tunis declar’d to him at Algiers that the Prime Minister of Tunis had solemnly protested that he would endeavour by every means in his power to effect the Ruin of Mr. Eaton.” This is “presumptive evidence” that Eaton had “fallen a sacrifice to the Minister’s evil Machinations” and that Morris’s detention was premeditated not to obtain payment of the debt but to injure Eaton’s reputation and bring about his expulsion from Tunis.

“Enclosure A. is the Copy of a letter which I wrote to the dey & sent on Shore by Mr. OBrien, B. is a letter which I had wrote to the Jews, but the Commodore was apprehensive, that it might occasion some difficulty was I to send it, I therefore … suppress’d it. It carries in its text my reason for writing it, for so long as Mr. OBrien has a Credit upon the Jews, they will continue to act as before, and it is very immaterial to them whether I bear a Commission or not.”
The Chesapeake sailed at 5 P.M., leaving the schooner to wait for the dey’s replies to Morris’s and Cathcart’s letters. On 22 Mar. the Chesapeake met with six American merchantmen off Cap de Gatt, and several others have arrived at Gibraltar since. “This proves our Enemies want of enterprize which I assure you is our chief protection. I most sincerely hope that the Cruisers of Tripoli may not be at Sea if they are our merchantmen most undoubtedly run a great risque and it is more than probable that some will be captur’d.”
“On the 23d we Anchor’d in this Bay and a few hours after us arriv’d the Schooner with Mr. OBrien’s Answer to the Commodore which states that the dey will wait for the Stores, but positively will not receive me as Consul, from the United States that he has wrote to the President on the subject and awaits his Answer. It is a fact well known that when Mr. OBrien resign’d it was upon a supposition that his resignation would not be receiv’d by Government his motives for tendering it was to procure the Removal of Mr. Eaton which he failed to effect, every step which he has taken since my appointment serves to prove his intentions to maintain his post as long as possible & that he will never evacuate it unless by force, it therefore remains for Government to determine whether it wou’d not be to the interest of our Country to continue him in Office, however unworthy, and should I hazard an opinion on the subject it would be this, that so long as we continue to acquiesce in every demand of that Regency that he is the most proper person to remain there, it may cost us a few thousand dollars per annum more than is necessary to maintain our peace, but we shall be under no apprehensions from his energy or sense of national dignity for he is literally the echo of the Jewish Sanhedrim who are the Creatures of the Dey. If Government thinks proper to continue me in that post, it would facilitate my reception to write to the Dey by the ship that brings the Stores for Algiers and at the same time to write to the Jews to Stop Mr. OBriens credit he being no longer encharged with our affairs; I shall have the Consular present ready to present at the same time if not receiv’d before, which will interest the Dey and Regency in favour of my reception & the Jews having no longer an Interest in Mr. OBriens remaining there will cease to oppose my admission.… I hope no personal consideration will have any weight upon my account as the Interest of an individual I hope will never be held in competition with the public good & my services probably may be fully as usefull else where, & much more agreeable to myself. I have been long employ’d in this theatre of iniquity, may I not hope, that I may be remov’d to some place more eligible, especially as I can be, of little service here, it occurs to me that the difference which exists between the United States & Spain will furnish employment for several Gentlemen in our territory in their vicinity, if such appointments should be made I probably could render my Country more essential service there than in the Mediterranean as I am well acquainted with the language & Manners of the Spaniards in general.”

“The whole of our force in the Mediterranean is now here, what steps will be taken in the ensuing summer you will be inform’d by Commodore Morris. I wait his arrangements according to my instructions & will take a pleasure in giving him my opinion when ever he thinks proper to request it.” Presumes he will remain with Morris “some time longer,” but should they separate, Gavino will know where Cathcart can be found, “which most probably will be at Leghorn as the funds for the payment of our Consular present is there deposited.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 6 pp. In a clerk’s hand, signed by Cathcart. Docketed by Wagner as received 19 May. 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)., 2:379–81. For enclosures (docketed by Wagner), see nn. 3 and 4.

   For Cathcart’s 25 Nov. letter to O’Brien, see Cathcart to JM, 29 Nov. 1802, n. 7. In his ten-page response, 10 Feb. 1803 (DNA: RG 59, CD, Algiers, vol. 6), O’Brien defended his conduct, discussed the status of U.S. obligations toward Algiers, and enclosed an English translation of the dey’s 17 Oct. 1802 letter to Jefferson.

   The signing of a truce between Algiers and Portugal in 1793 freed the Algerines to sail the eastern Mediterranean and the Atlantic, where they seized eleven American vessels within two months (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)., 1:46, 47–48, 52–53, 56).

   In enclosure A, a copy of his 19 Mar. 1803 letter to “His Excellency Monstapha Bashaw” (3 pp.), Cathcart announced his appointment as O’Brien’s successor, noted that $30,000 had been sent in lieu of stores for one year’s annuity, and promised that if this was not acceptable, stores would be sent, although the president wished to make a permanent substitution of cash for stores. He stated that an “elegant Consular present” was being prepared to show American desire for friendship with Algiers “notwithstanding the insidious insinuations of her enemies.” He mentioned having been recommended by Mustafa’s predecessor and promised to fulfill his instructions to cultivate peace and harmony between the U.S. and Algiers.

   Enclosure B is a copy of Cathcart to Baccri and Busnach, 19 Mar. 1803 (3 pp.), repeating the information given to the dey about Cathcart’s appointment and the annuity payment. Cathcart added that the debts of the U.S. would be paid, “provided, they are legally authenticated: and appear, to envolve in their consequences either, the honor, or interest, of the United States,” that all of O’Brien’s functions were suspended except the power of acting in Cathcart’s absence, and that the U.S. would not honor any debts contracted on its behalf by O’Brien after 19 Mar. “I presume,” he continued, “you will find, no difficulty, in continuing to furnish the United States, & her Agents, with pecuniary assistance,… but, should it, be inconvenient to you, to continue bankers, to the United States, you, will please to give me the earliest, intimation, of your intentions, in order, that, I may, establish a Credit, with a house in Leghorn or Marseilles.” Cathcart appended a note: “This letter was not sent on shore by Comodore Morris’s desire he being apprehensive that it might cause him trouble.”

   For O’Brien’s 20 Mar. 1803 letter to Morris, see 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)., 2:376. O’Brien addressed a copy of this letter to JM (DNA: RG 59, CD, Algiers, vol. 6), noting that it was “favourd. by The Conveyance of Consul Eaton,” and sent with it a copy of his 10 Feb. 1803 letter to Cathcart (see n. 1); the copies are docketed by Wagner, “Mr. OBrien’s correspondence with Mr. Cathcart 10 Feby. & 20 March 1803. / Recd. by Mr. Eaton in May 1803.” In a 21 Mar. postscript to his letter to Morris, not in the printed version, O’Brien related the minister of marine’s opinion that the dey might agree to accept partial payment in cash if the Americans were still in arrears after the stores arrived, adding that Cathcart’s letter to the dey had been interpreted by “a Gibraltar Jew” who had lately been in London as interpreter for the dey’s ambassador.

   For Mustafa Dey’s letter to Jefferson, see O’Brien to JM, 11 Oct. 1802, and n. 2.

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


Title: To James Madison from Levett Harris, 30 March 1803 (Abstract)
From: Harris, Levett
To: Madison, James

30 March 1803, Philadelphia. Received his commission as consul to Rotterdam with documents pertaining to the appointment by the last mail. Replied on 25 Mar. [not found] to JM’s letter of 14 Mar. [not found] requesting him to decide between Rotterdam and St. Petersburg so that when the president returned from Virginia no delay would arise if the president saw fit to change the appointment. “As it was necessary to inform myself of the practicability of some plans which … were founded on the hope of this change, I perceived it impossible to transmit a prompt reply.… I availed myself of the earliest moment to this effect on my decision being made.… From the tenor of the letter you honoured me with, I flattered myself, this arrangement would not be likely to interfere with any previous views or dispositions of the Executive; and I concluded if you were apprised of my determination previous to the time of the expected return of the president, it would be in season, and a day or two in this case, aided me to effectuate some purposes consequent on this impression.” Offers his apology for being “thus importunate” and hopes he may be honored with the post at St. Petersburg.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Harris”). 2 pp. Docketed by Jefferson.

   On 1 Mar. 1803 Jefferson had appointed Harris consul at Rotterdam. His commission for St. Petersburg was dated 4 Apr. 1803, and the appointment was confirmed on 18 Nov. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:447, 453, 456; Nina N. Bashkina et al., eds., The United States and Russia: The Beginnings of Relations, 1765–1815 [Washington, 1980], pp. 361–62).


Title: To James Madison from William E. Hũlings, 30 March 1803 (Abstract)
From: Hũlings, William E.
To: Madison, James

30 March 1803, New Orleans. “I address’d you on the 27th. day of this mo. by the Brig Vanilla, Capt. McNeal Via Baltimore, and inform’d you that the Colinial [sic] Prefect had arrived.… He has address’d a piece to the Louisianians—in which he promises to make them happy, and preserve peace with their neighbours. I have not been able to obtain a copy yet, but will send you one in a few days.” The deposit is still “rigidly shut.” Cannot say whether it will be opened before the result of Monroe’s mission is known. “There are now in the River, and in port, about One hundred and twenty Vessels; about one half of which are Americans.… Doctr. Bache arrived here three days ago in good health.”

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

   Hũlings was probably referring to his 29 Mar. 1803 letter to JM.

   Laussat’s 27 Mar. 1803 (6 Germinal an XI) proclamation blamed France’s loss of Louisiana in 1762 on an “enfeebled and corrupt government,… an ignominious war, and a disgraceful peace.” He stated that under the “great, magnanimous and just” Napoleon, this shameful period of separation had ended. The French government’s aim was to live in peace and friendship with the Indians, to protect commerce and promote agriculture, to introduce orderly administration, and to tighten the bonds between the colony and France (translated extract printed in National Intelligencer, 6 May 1803).

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


Title: To James Madison from William Riggin, 30 March 1803 (Abstract)
From: Riggin, William
To: Madison, James

30 March 1803, Trieste. Transmits a copy of his 26 Feb. dispatch and encloses copies of his 3 Mar. letter to the secretary of state for foreign affairs and the official acceptance of his appointment as U.S. consul, which he received 29 Mar. and “by which you will please to observe the delay has been owing to the representations made to this Government by Mr. Lamson.” Will forward the bond required by law by the first favorable opportunity.

   RC and enclosures (DNA: RG 59, CD, Trieste, vol. 1). RC 2 pp. Docketed by Wagner as received 11 July. Enclosures are Riggin to Count Cobenzl, 3 Mar. 1803 (2 pp.; in Italian), applying for recognition as U.S. consul at Trieste; and P. Brigido, governor of Trieste, to Riggin, 29 Mar. 1803 (2 pp.; in Italian).

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


Title: To James Madison from Smith & Ridgway, 30 March 1803 (Abstract)
From: Smith & Ridgway
To: Madison, James

30 March 1803, Philadelphia. “We take the liberty of inclosing you a Letter, from Jacob Ridgway, a partner of our House, now residing at Antwerp,… soliciting the appointment of the Consulate of Antwerp; he having been informed, that a vacancy is likely to take place there. We have requested the favour of a few of our friends here, to inform you respecting the Character he bears in this place.
… Should the Executive think proper to confer on him this appointment, we have no doubt he will be able to fulfill the Duties of the office, to the satisfaction of our Government.”

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

   Jacob Ridgway to JM, 25 Jan. 1803.

   On the same date Charles Pettit wrote JM that he had known Ridgway as a “person of fair moral Character and respectability as a Merchant for many years.” He added that Ridgway had gone to Europe “within the last two or three years” and established a commercial house at Antwerp, that both Ridgway and his partner were highly esteemed by local merchants, and that his appointment as consul would be pleasing to “the commercial part of the Community” (ibid.; 1 p.).


Title: To James Madison from Edward Thornton, 30 March 1803 (Abstract)
From: Thornton, Edward
To: Madison, James

30 March 1803, Philadelphia. Has been directed by Hawkesbury “to present to you the inclosed account of provisions furnished at Gibraltar to the American Ship of war President and Enterprize Schooner towards the close of the year 1801, and to request that the American Government will be pleased to order the payment of it.” Understands from Commodore Dale, who is in Philadelphia and “has a perfect recollection of the transaction,” that he transmitted copies of his receipt and vouchers to Rufus King, “who he concluded was instructed to liquidate the account.” Asks that JM notify the U.S. bankers in London so they can liquidate “all similar expences, incurred by these acts of mutual kindness,” which he prays may continue to mark relations between their two countries.

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2). RC 2 pp. Docketed by Brent as received 4 Apr. Enclosure (2 pp.) is a 21 Dec. 1801 account for supplies furnished to the President and Enterprize, as per receipt signed by Richard Dale on 5 Oct. 1801.


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

31 March 1803, Málaga. Transmits a duplicate of his 16 Mar. letter and encloses a copy of a 16 Mar. letter “just received” from O’Brien with news of the French peace with Algiers. Presumes JM has been informed of the 23 Mar. arrival at Gibraltar of Commodore Morris in the Chesapeake, accompanied by the New York, John Adams, and Enterprize. Believes they returned to Gibraltar for provisions. In response to a 22 Mar. 1802 request, sent Pinckney an account of U.S. exports and imports in American vessels for the year ending March 1803, which is “as exact a Statement as it is possible considering that no law exist[s] to oblige the Captains to present their Manifest before their departure to the Consuls.” Encloses a copy [not found] to acquaint JM with the extent of American trade to Málaga.

   RC and enclosure (DNA: RG 59, CD, Málaga, vol. 1). RC 2 pp. In a clerk’s hand, signed by Kirkpatrick. For surviving enclosure, see n. 1.

   The enclosure is a copy of O’Brien to Kirkpatrick, 16 Mar. 1803 (1 p.), reporting that French naval vessels had arrived from Toulon on 24 Feb. and that the French, with “the Aid of the Jew Directory,” had made peace by promising that the presents the dey demanded would be sent in two months. O’Brien wrote that Napoleon evidently sought to avoid difficulties with the dey; “he must have other objects in view, these Circumstances will the sooner throw the Dey on the Road with difficulties to some other nation. We should take Care, that We are not the next to experience one of his great Squalls.” He added that the Danish consul “is riding now by his own Cable” with no aid from Napoleon.

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


Title: From James Madison to John Milledge, 1 April 1803 (Abstract)
From: Madison, James
To: Milledge, John

1 April 1803, Department of State. In compliance with the request contained in Milledge’s letter of 11 Mar. [not found], encloses a copy of the treaty concluded with the Creek Indians at Fort Wilkinson.

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

   For terms of the treaty, see Joel Early to JM, 7 Dec. 1802, n. 2.


Title: To James Madison from William E. Hũlings, 1 April 1803 (Abstract)
From: Hũlings, William E.
To: Madison, James

1 April 1803, New Orleans. “Yesterday eveng I recd. a packet from Govr. Claiborne contg. a letter for the Intendt … (But in case of the French Authorities being arrived; to the Capt. Genl., or other agent authorized by the Governmt of France). I accordingly waited on Mr. Laussat, the Colonial Prefect, and delivered it to him. Mr. Laussat recd. me with much Affability, & assured me that it was the desire of the French Governt. to cultivate the most perfect harmony with the U. S.; that he at present coud do noth⟨ing,⟩ being here only to make arrangemts. in advan⟨ce⟩ for the troops &c. &c.; but he was sure that the french Governt. had no part in the Act of the Intendt., and if he had been here 6 mos. ago the deposit wou’d not have been shut. He also observed that it was the Policy of European Nations to admit no Consul in their Colonies; nevertheless he woud be glad to see me whenever I had anything to communicate from the Ameri[can] Governt. No doubt from the real necessity that there is in this Port for the agency of a Consul, it will be considered in the pending negociations.” Laussat said U.S. citizens “might count on the most friendly welcome when their business led them this way.” Official word has been received from Havana that Casa Calvo will arrive soon as commissioner to deliver the colony to the French authorities. “There is a rumour here this Morning that disturbances are brewg. between the English & French; and also that the french have saild in Considerable force part of which is destined for this place.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 3 pp. Docketed by Wagner as received 8 May. Cover marked “via Natchez Express.”

   See JM to Claiborne, 14 Feb. 1803, and n. 2.

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


Title: To James Madison from Samuel Smith, 1 April 1803 (Abstract)
From: Smith, Samuel
To: Madison, James

1 April 1803, Baltimore. A State Department packet directed to Bird, Savage, and Bird came to the collector “yesterday.” It will not be forwarded until further directions arrive from JM. “An Oppy. for England will offer on Wednesday next. It will Occur to you that a power of Atty. will be necessary from you to whomsoever you may appoint to Succeed those Gentlemen as your Agent in London—again permit me to say that you will be Safer with James Mackenzy & A. Glennie than any other house I know, and by none will you be better served.” Reports from the Mediterranean indicate that all but two frigates are ordered home, and his brother writes that none are ordered to replace them. The small vessels now being built cannot be ready for sea “in less than four Months.” When this information is known, insurance rates will double to 10 percent. “This will effectually exclude our ships from the Mediterranean Ports, and those at present are the only Ports to which we Can ship Wheat & flour with a prospect of paying a freight. If those Circumstances are not made Known and Some of our Vessels (which must be the Case) are taken, the reflection on the Administration will be serious and the Cost of Redemption more than the Expences of two frigates. I submit to you whether two frigates ought not to proceed Immy. and when the four Small Vessels Arrive out, the two frigates now on the Station may Come home, the Expence then would only be Six Months of Two frigates.” Asks why the administration should risk leaving U.S. trade under the protection of only two frigates. “The Money is Vote[d] if not employed, the fault rests with the Executive only. I cannot but think the Risque improper for the President to take on himself—my anxiety may excite my fears. I write to you in Confidence & pray you to beleive that It arises from warmest Attachment.”

   RC (DLC). 2 pp. Marked “private.” Docketed by JM.

   On 28 Feb. 1803 Congress had authorized the construction of four warships of fewer than sixteen guns each “for the protection of the seamen and commerce of the United States in the Mediterranean and adjacent seas.” These smaller ships were intended to allow a tighter control over the inshore coastal trade of the Barbary States than was possible with the use of frigates alone (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 1565; Craig L. Symonds, Navalists and Antinavalists: The Naval Policy Debate in the United States, 1785–1827 [Newark, Del., 1980], pp. 95–96).


Title: To James Madison from Rufus King, 2 April 1803 (Abstract)
From: King, Rufus
To: Madison, James

2 April 1803, London. No. 89. Reports that no answer has yet been given to Andréossy’s note, which declined all discussion of Malta. “Lord Hawkesbury’s Answer will probably be delivered to day; it will without doubt persist in the Determination communicated in his first Note, and may disclose new and additional reasons in its support.” The issue of an overture Napoleon reportedly made to Russia for a partition of the Turkish Empire may be raised, despite the refusal of Russia to listen to the proposal. “I still continue to believe the war unavoidable, in which England can have no expectation of a Single Ally. The System of Russia is pacific, with less attachment however to France than to England; Austria is not yet recovered from the blows by which she was driven from the Contest; and Prussia will be inclined to adhere to her past policy. Altho’ Denmark and Sweden have been much dissatisfied with England, France … has done nothing to secure their confidence; while England has been endeavouring to reestablish her ancient Friendship with these States: for this purpose she has given assurances that what is called the two Swedish Convoys shall be restored or paid for; the first which consisted of 17 vessels was condemned, and the Envoy of Sweden has given in his Claim of Compensation which amounts to Sixty Thousand Pounds Sterling; the Claim for the second consisting of 21 vessels, and which I think is not yet condemned, will be about Ninety Thousand Pounds Sterling. By cultivating the friendship of these Powers England expects with the good will of Russia to keep the Baltic open against the efforts that France will again make to close it. Portugal will be compelled to exclude the English Trade; and Spain with all Italy must obey the orders that shall be given them.”
Has tried to impress “Ministers and other leading men” with the disadvantages Great Britain has brought on itself by a system of warfare chiefly directed against the French colonies, “which after being acquired at the expence of much blood and treasure, in addition to the vexation of the commerce of Neutral Nations, have been commonly restored enriched by English capital at the conclusion of Peace.” Instead of this method of warfare, which has also allowed France to appear as the friend and protector of neutral states, a system might be suggested that would avoid these disadvantages and also contribute materially to the future prosperity of Great Britain. Such a system would not disrupt neutral commerce but increase and extend it, “and when the object was once attained, no Treaty of Peace could restore things to their former State.”

“This conversation has been every where understood and well received, and it is my firm belief if the War break out, that Great Britain will immediately attempt the emancipation and independence of South America.”
“In a late conversation with Mr. Addington he observed to me, if the war happen it would perhaps be one of their first steps to occupy New Orleans. I interrupted him by saying I hoped the measure would be well weighed before it should be attempted; that true it was we could not see with indifference that Country in the hands of France, but it was equally true that it would be contrary to our views, and with much concern that we Should see it in the possession of England: we had no objection to Spain continuing to possess it; they were quiet neighbours, and we looked forward without impatience to events which in the ordinary course of things must at no distant day annex this Country to the United States. Mr. Addington desired me to be assured that England would not accept the Country were all agreed to give it to her; that were she to occupy, it would not be to keep it, but to prevent another Power from obtaining it, and in his opinion that this end would be best effected by its belonging to the United States. I expressed my acquiescence in the last part of his Remark, but observed that if the Country should be occupied by England, it would be suspected to be in concert with the United States, and might involve us in misunderstandings with another power with which we desired to live in peace. He said if you can obtain it well, but if not, we ought to prevent its going into the hands of France; tho’ you may be assured … that nothing shall be done injurious to the interest of the United States: here the conversation ended.”
Acknowledges JM’s letter of 29 Jan. “As soon as Lord Hawkesbury shall have named a Time to receive me,… I will explain to him in conversation the Presidents views relative to Mississippi.”
“Considering the critical state of affairs, it is much to be wished that my successor m[a]y arrive before my departure. I shall delay taking my leave to the last moment, and should the posture of affairs in my opinion require it, I will risk the expence of detaining my vessel even beyond the Time in which I have engaged to embark: in any event I shall not leave London before the last week of the present month.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 7 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 30 May. Italicized words were written in code; key not found. RC decoded interlinearly by Wagner. Printed in King, Life and Correspondence of Rufus King, 4:239–42.

   On 31 Jan. 1803 Count Arkadii I. Morkov, the Russian ambassador to France, replied to a communication from that country that Alexander I not only had no desire to increase his own territory at Turkish expense but would not view with indifference the aggrandizement of any other power by the dismemberment of the Ottoman Empire (Browning, England and Napoleon in 1803, pp. 85–87).

   In the Treaty of Lunéville, Austria reconfirmed its cession of Belgium and the left bank of the Rhine and reacknowledged the hegemony of France over Italy, to which it had agreed in the Treaty of Campoformio (Ferdinand Schevill, A Political History of Modern Europe [New York, 1921], pp. 384, 389–90).

   After the Treaty of Basel in 1795, Prussia had maintained a policy of neutrality toward the European belligerents and devoted itself to acquiring territory in north Germany and Poland (Connelly et al., Historical Dictionary of Napoleonic France, p. 407).

   In January 1798 Commodore John Lawford in the Romney intercepted a number of merchant ships passing the Downs under convoy of the Swedish frigate Troya. They were condemned in the British High Court of Admiralty in June 1799 (Robinson, Admiralty Reports, 1:340, 349, 378; London Times, 4 July and 1 Sept. 1798).

   In August 1798 Capt. John Acworth Ommanney in the Busy detained a Swedish convoy sailing under the Ulla Fersen in the North Sea. After initial resistance the convoy was forced into the Downs. The ships were condemned on 28 Nov. 1803 (Robinson, Admiralty Reports, 4:414–15,419, 422).


Title: To James Madison from James Leander Cathcart, 4 April 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

4 April 1803, “U S Ship Chesapeake, Gibraltar Bay.” Informs JM that he has drawn on the State Department “this day” for $430.25 in favor of John Gavino; “said sum when paid you will please to have placed to my Acct. untill final settlement.”

   RC (DNA: RG 59, CD, Tripoli, vol. 2). 1 p. In a clerk’s hand, signed by Cathcart. Docketed by Wagner.

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


Title: To James Madison from John Gavino, 4 April 1803 (Abstract)
From: Gavino, John
To: Madison, James

4 April 1803, Gibraltar. No. 117 [118]. Has received no letters from JM since his last, no. 117 [17 Mar. 1803]. “Consul Simpson … sent me the inclosed Dispatch for you; and at Same time Thos: Beck, and David Ervin, two american Seamen saved in June last from the Schooner Betsy of Norfolk which was Wreckd on the Southern Coast of Barbary, and the Empr. of Morrocco since redeemed from the Arabs and sent them to Consul Simpson.… I have informed Comodor Morris thereof that he may send ashore for them.” Morris and his squadron arrived at Gibraltar from Tunis and Algiers on 23 Mar. with Cathcart and Eaton on board. “No doubt you will hear from them by the bearer Capn: Jas: Barron.” Eaton left for Boston in a merchant vessel. “The Moorish ship in question will sail first Wind for the Eastward.” Adds in a 5 Apr. postscript that two French ships with passengers for Louisiana anchored in the bay “last night.” “There are several ships in Sight from the East and the above Vessels reported that they are two french 74 with a Convoy & 5000 Polanders destind for Lusiana.”

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

   Simpson to JM, 28 Mar. 1803.

   In May 1802 and January 1803 two demibrigades of Polish troops were shipped from Italy to Saint-Domingue. The total number sent in the two contingents was about five thousand, and several hundred stragglers were sent along later (Jan Pachoński and Reuel K. Wilson, Poland’s Caribbean Tragedy: A Study of Polish Legions in the Haitian War of Independence, 1802–1803 [Boulder, Colo., 1986], pp. 4, 12, 77, 81, 153–54).

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


Title: To James Madison from John Lamson, 4 April 1803 (Abstract)
From: Lamson, John
To: Madison, James

4 April 1803, Trieste. Informs JM that his consular functions ceased on 31 Mar. 1803 by a government decree in favor of William Riggin. In a 22 May 1802 letter, Lamson sent JM a report of all American ships that had entered Trieste to that date. Encloses a list of those entering between then and 31 Mar. 1803 [not found]. The brig Two Betsys of Baltimore was driven ashore and sank on 12 Jan. The vessel and cargo were purchased at auction by an Austrian subject. “By this unfortunate event the crew were placed in a very distressed situation, and required the assistance of the Government.” Has provided for the Americans at U.S. expense, sent the account to Pinckney for settlement, and referred the other men to their own consuls. Protests at length the government’s decision to replace him, noting that it has damaged his character. Solicits appointment to another position. Encloses an account of his expenses from the time he left the U.S. to the time he ceased to act as consul. Does not doubt JM will agree to his reimbursement so he may return to the U.S. with no greater loss than that of his time, which he hopes will be thought sufficient sacrifice. Apologizes for intruding on JM’s time, which he knows is employed “on subjects of infinitely more consequence than attending to the complaints of an individual,” but hopes his situation will excuse him. Requests a reply as soon as possible in care of the U.S. consul at Leghorn.

   RC and enclosure (DNA: RG 59, CD, Trieste, vol. 1). 3 pp. For surviving enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:246.

   In the enclosed account (1 p.; docketed by Wagner), Lamson claimed travel and living expenses at Leghorn, Vienna, and Trieste in the amount of $1,486.12⅔. On 5 Aug. 1805 JM rejected the claim as “not only without precedent but unwarrantable from the nature of the circumstances” (DNA: RG 59, IC, vol. 1).

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


Title: To James Madison from Josef Yznardy, 4 April 1803 (Abstract)
From: Yznardy, Josef
To: Madison, James

4 April 1803, Cádiz. “I had the honour of writing you the 12th. October ultimo, since when I have been at the Court of Madrid, from which Capital I am just returned.” During his absence JM was informed of the quarantine imposed on U.S. ships at Cádiz. As Pinckney was absent from Madrid during that time, Yznardy obtained a reduction of quarantine on vessels in his district and also obtained orders from Cevallos granting pratique to American vessels already in port lacking certificates from Spanish consuls. Is strongly soliciting complete removal of the quarantine and will inform JM should this occur. There had been rumors of an approaching rupture between Great Britain and France, with the U.S. joining the former, but things now seem “more pacific, which gives a general pleasure to this Country.” Paper money, which was losing 41 percent, now loses only 28 percent. Reports that vice-consul Henry Stonor at Sanlúcar died. Has replaced him with Thomas Croker and hopes Croker will fulfill his duty “in the honorable manner.” Will write whenever he thinks anything is worth JM’s attention.

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

   See Anthony Terry to JM, 16 Dec. 1802.

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


Title: From James Madison to Daniel Clark, 4 April 1803
From: Madison, James
To: Clark, Daniel

Letter not found. 4 April 1803. Acknowledged in Clark to JM, 20 June 1803 (DNA: RG 59, CD, New Orleans, vol. 1). Requests Clark to keep “an account as exact as possible of the amount of all payments exacted from our Citizens in violation of the Treaty.” Encloses a letter from Pichon to the colonial prefect of Louisiana.


Title: To James Madison from Harry Toulmin, 5 April 1803
From: Toulmin, Harry
To: Madison, James

Dear Sir
Frankfort April 5th. 1803
In conformity with the law of the United States relative to the securing of copy rights, I have the honour of transmitting to you a copy of a collection of the Laws of the general assembly of this commonwealth, and I am happy in the occasion it affords me of renewing, in some degree, that intercourse which several years ago, I had for a short time the pleasure of holding with you, and of expressing to you the high satisfaction I feel at the restoration of those republican sentiments and rules of conduct, which were at that time on the eve of being lost sight of: not, however, that I behold no clouds in the horizon or can indulge a perfect confidence in the consistency and stability of public principle, till there is more generally diffused a knowledge of the theory of politics, and an attachment more conspicuous to principle than to party, among our citizens.
During the absence of the governor from this place, a letter from you to him came into my hands, to which I should have immediately replied, but that I expected him home in a few days, and conceived that an answer from himself might be more satisfactory. His stay here was short, but on his leaving us again he informed me that he should write by the next post: but in case an indisposition which being about him, should have prevented it; I take the liberty of informing you that not the smallest foundation here existed for those reports which have been circulated of its having been contemplated in this country to proceed to New Orleans, unauthorized by government.
The reports which have been circulated in New York and other places have been absolutely and wholly fabrications, and are utterly incongruous with the prevailing temper of the people of this country and even with our present situation, as we are altogether unprepared for such an enterprize, being badly armed, without any ammunition belonging to the public, and with very little in the hands of individuals.
Some little dissatisfaction with the general government has been expressed in our public prints, and the opportunity has been seized to propose a secession from it and an union with France & Spain. But even this seems to be rather the project of a conceited and crack’d brained individual than what has entered into the serious contemplation of men of reflection and influence. I take the liberty of sending you a paper containing a reply to this proposition, and the arguments on which it was founded. You will see that steps have been taken to prosecute the author both in the state & federal courts, a measure, however, which I feel no disposition to congratulate you upon: for though I have no doubt of its being an indictable offence in the state courts; yet it seems to me that prosecutions for libels on government can scarcely be too sparingly had recourse to, and that, in the present instance, the prosecution is calculated only to give a degr⟨ee⟩ of weight and publicity to the piece and its author, which its intrinsic qualities never would have done, and which might have been, even rendered subservient to truth and freedom, by opening the way to a fair discussion of the advantages of the federal alliance, and the dangers and slavery awaiting those who seek protection under the wing of the French usurper. As to the federal presentment, I confess myself unable to view it in any other light than as a flagrant perversion of the meaning of an act of congress big with mischief & even more inauspicious to the freedom of the press, than the odious and far famed sedition law.
Since the Governor last left home, a letter to him has come into my hands from Mr Speed of this state, brother to Dr Speed whose letters to the Governor, were, I think communicated to the president in December last. Mr Speed writes, that he had been just informed, through a channel which entitled the information to credit, that his brother Dr Speed had been arrested and put into confinement by the Governor or Intendant at New Orleans, in consequence of his letter to Governor Garrard, which was published in this state, and expresses his hope and full confidence that Governor Garrard would do, whatever from the circumstances of this case and his situation, may be proper in order to do him justice as a citizen of Kentucky, especially as Dr Speed was acting at Orleans as a commissioner to whom was entrusted the concerns of a great many different persons.
I take the liberty of mentioning this matter to you under the full impression, that the event, if it has really taken place, of which you will probably be able to form a more satisfactory opinion, than I can, will excite your interest, and that whatever with propriety can be attempted by the government of the United States, will be done in order to liberate a worthy man whose zeal for his countries rights, may have excited the indignation of the Spanish officers, and procured for him a rigorous captivity. I pray you to accept the assurances of that high respect & esteem, with which I am, dear Sir, your faithful servant
Harry Toulmin
P. S. Since the inclosed was written Mr Speed has called on me and informed me that he has had the satisfaction to hear that the acct he had recd was unfounded.

   RC (DLC).

   Toulmin probably enclosed a copy of his volume A Collection of All the Public and Permanent Acts of the General Assembly of Kentucky … (Frankfort, Ky., 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 2486).

   JM to James Garrard, 18 Feb. 1803.

   Toulmin probably enclosed the Frankfort, Kentucky, Palladium for 10 Mar. 1803, which printed a response to Francis Flournoy’s letter (see Jefferson to JM, 22 Mar. 1803, and n. 2). Flournoy was charged with violating the 1798 Logan Act for entering into indirect correspondence with a foreign power (Whitaker, Mississippi Question, pp. 220–21).

   Garrard’s 30 Nov. 1802 letter to Jefferson enclosed letters from James Speed and the firm of Meeker, Williamson, and Patton announcing the closing of the deposit at New Orleans (see JM to Jefferson, 21 Dec. 1802, n.). For James Speed, see PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (3 vols. to date; Charlottesville, Va., 1984—)., 2:97 n. 1.

   Harry Toulmin (1767–1823) had met JM in 1793, shortly after he emigrated from Great Britain. He was secretary of the Commonwealth of Kentucky from 1796 to 1804, when Jefferson appointed him judge of the superior court for the eastern district of the Mississippi Territory (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (3 vols. to date; Charlottesville, Va., 1984—)., 2:453 n. 4).


Title: To James Madison from John M. Forbes, 5 April 1803 (Abstract)
From: Forbes, John M.
To: Madison, James

5 April 1803, Hamburg. Last wrote on 2 Apr. via Boston and New York enclosing a report of American vessels in port to December 1802. Transmits a triplicate copy of the report. “I wish it was in my power to Communicate any thing Correct on the important discussion between France & England which excites, at this moment, such universal interest.” The latest letters of 28 Mar. from Paris and 29 Mar. from London indicate the public there are as little informed as at Hamburg. “All is mystery and Conjecture, but I have reason to believe that the powerful mediation of Russia will be necessary to Conciliate the Parties, and has been solicited by one or both. If so, the present state of uncertainty may Continue for some Weeks before the reply of the Cabinet of St. Petersburg may be known.”

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 1 p. Docketed by Wagner as received 9 May.

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