Title: To James Madison from James Leander Cathcart, 4 July 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

4 July 1802, Leghorn. No. 8. Enclosures A and B, along with his dispatch no. 7 which was forwarded by the Liberty on 3 June, relate all information of importance on U.S. affairs with Tripoli and Tunis. Tripolitan cruisers have been frequently at sea since the war began, and this at a time when the extent of American commerce “never was so valuable.” Has seen twenty-four American ships “in this port at once last year—two thirds of whom were unarmed.” Wishes something may be done “to prevent … our merchant ships from passing up the Mediterranean unarmed & without convoy.” Suggests that this could be effected “by govt. declaring, that the seamen captured under certain predicaments would not be redeemed at the publick expence.”
“The Bashaw of Tripoli seems disposed to enter into a treaty with us, but upon what terms he has not yet declared; Mr. Eaton informs me that a proposition of peace on the part of the Bashaw of Tripoli came thro’ the Bey of Tunis, when it was proposed that the latter should be mediator & Guarantee; Mr. Eaton answd. that we prefer peace to war—when we can obtain it upon honorable terms, but not otherwise.… But I presume that the President will not find it conducive to our interests to admit any other mediators.… We would do well to confide in the strength of our own arms only, any other dependence … will ultimately prove fallacious & we shall undoubtedly become the dupe of our own credulity.”
Believes the “National dignity” was wounded by the Swedish admiral’s declaration that the U.S. could not negotiate with Tripoli without consulting Sweden, while at the same time he was trying to conclude a separate peace; “this Stratagem … was as mean as unjustifiable.” Nissen has rendered the U.S. “as great Services as we had any right to expect from the Agent of a foreign Nation, but it is by no means ungenerous to beleive that … he would be happy if we would continue the war until Denmark concluded on terms of permanent Peace with Tripoli.” Nissen fears that U.S. peace negotiations might “either serve to precipitate the war with Denmark or oblige them to Concessions.” Notes that in these negotiations “the most intelligent Officer who has not a knowledge of the Language & manners & Customs of Barbary may be led astray by specious pretences,” despite the best intentions. Requests “instructions founded on fix’d principles & couched in terms explicit & concise.” Repeats his request for credit to furnish him with cash. Notes in a postscript his receipt of “the pamphlets alluded to in your last.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 4 pp.; marked “Duplicate”; in a clerk’s hand; docketed by Brent. Extract transmitted by Jefferson to Congress on 15 Dec. 1802 and printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:462.

   Enclosure A is a private letter from Cathcart to JM, 4 July 1802 (2 pp.; docketed by Brent as received 6 Oct.), in which Cathcart wrote that the bey of Tunis “seems determined to exclude me” as Eaton’s replacement and requested that “no delicacy on my acct. may influence the nomination.” For Cathcart’s wish to be named consul at Tunis, see his letter to JM, 5 Mar. 1802.

   Enclosure B (5 pp.) is headed “Extracts of letters from Mr. Nissen to Mr. Cathcart dated at Tripoli May the 10th. & 22nd. 1802.” In the first letter Nissen reported the Tripolitan declaration of war against Sweden on 5 May and included “confidential communications” on Danish policy not to pay Tripoli’s “extravagant demands even if War should be the immediate consequence” and suggestions about the coming peace negotiations between the U.S. and Tripoli, one of which was the conviction that only Cathcart would be able to make peace “on terms that will insure to your nation the advantages which you have created” (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)., 2:148–49). In his 22 May letter Nissen repeated his opinion that U.S. negotiations with the pasha should be postponed until Cathcart’s arrival, described the circumstances of an “unfortunate accident” that resulted in the imprisonment of eleven Swedes, reported having seen one American and three Swedish frigates offshore, and related the pasha’s threat that if the Swedes “burn his ships & the town … he will burn their prisoners.”

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


Title: To James Madison from Robert W. Fox, 5 July 1802 (Abstract)
From: Fox, Robert W.
To: Madison, James

5 July 1802, Falmouth. Reports the arrival of a great number of American ships with cargoes of wheat and flour, “part of which has been forwarded to London, Nantz, Barcelona &ca., but the greatest part for Havre de Grace, where a very large quantity of Grain and Flour is already arrived; and … the price has fallen.” Trade in Great Britain is “very dull, and freights low and scarce.” Hopes to send the returns for the district up to 30 June shortly.

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

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


Title: To James Madison from Rufus King, 5 July 1802 (Abstract)
From: King, Rufus
To: Madison, James

5 July 1802, London. No. 71. Reports that the loan recently obtained by the Dutch government at a rate of interest “hitherto unknown in that frugal and industrious Country” has “excited a good deal of curiosity.” It is believed that part of the loan, in the amount of 15 million guilders, has been paid to France to secure release from the claims of the Prince of Orange, pursuant to the separate agreement signed at Amiens between the French and Dutch ambassadors. “The plan of indemnities about which the Princes of Germany have been so long amused, is supposed to be settled between France Russia and Prussia, and without the assistance of Austria. We are told that the Prince of Orange is to receive his Indemnity in Germany, and that Austria will … acquiesce in a Settlement made under the influence of France, and sanctioned by her most powerful Neighbours.” Commercial negotiations between Great Britain and France have made little progress; meanwhile France is aggressively pursuing its interest in ways not entirely congruent with its professions regarding European peace. Otto still awaits his successor. This will probably delay his arrival in the U.S. until spring.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp.; in a clerk’s hand, signed by King; docketed by Brent as received 23 Sept. Printed in King, Life and Correspondence of Rufus King, 4:144–45.

   For the reorganization of the German states by Napoleon, see Robert R. Livingston to JM, 3 July 1802, and n. 7.


Title: To James Madison from Levi Lincoln, 6 July 1802
From: Lincoln, Levi
To: Madison, James

Sir
Washington July 6th 1802.
I have the honor to forward a letter recd by the last mail from the District attorney of Vermont respecting the strange affair referred to in the accompanying papers which you some time since enclosed to me. I am Sir most respectfully yours
Levi Lincoln

   RC and enclosure (DNA: RG 59, LOAG). RC docketed by Brent. For the enclosed letter from David Fay to Lincoln, 29 June 1802 (3 pp.; docketed by Brent), see n. 1. The “accompanying papers” have not been found.

   Sometime in December 1801 Edward Thornton informed JM of the lieutenant governor of Lower Canada’s disquiet over reports of “some ill-digested plots to disturb the tranquillity” of that province. In the course of the conversation, Thornton dropped the names of “person⟨s⟩ of some influence in the States bordering on Low⟨er⟩ Canada, who had been pointed out as engage⟨d⟩ in exciting disaffection and revolt in the province.” Among these were William Hull and Ira Allen, both of whom had been involved in a previous attempt to subvert British authority in Canada (Thornton to Hawkesbury, 27 Dec. 1801 [PRO: Foreign Office, ser. 115, 9:173–75]; Chilton Williamson, Vermont in Quandary, 1763–1825 [Montpelier, Vt., 1949], pp. 223–41). JM passed the information on to Levi Lincoln, who wrote the district attorney for Vermont, David Fay, and asked him to investigate the rumors. Fay concluded that no conspiracy existed, blaming some of the agitation on a confidence man named Rogers who “had devised a plan for swindling money from the ignorant and credulous in and near the vicinity of Montreal.” As for Ira Allen, Fay wrote, he had been in a French prison “in the winter of 1800 when it is said this combination commenced,” returning to America in early 1801 (Fay to Lincoln, 29 June 1802).


Title: To James Madison from John M. Forbes, 6 July 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

6 July 1802, London. “I have this moment learned that the French Government have refused an Exequatur to Mr. Cathalan who was appointed American Consul for the Port of Marseilles. You may, perhaps, recollect the apprehensions I have frequently expressed of the effects of the Climate of Hamburg on my health.… It will be particularly gratifying to me … to be appointed to the Agency at Marseilles, where, from a familiar Knowledge of the language, I flatter myself I Could be at least as useful to the Commerce of our Country as at Hamburg—to which Post I shall repair and attend the disposition of Government. Marseilles, it is said, is to be a free port, and will probably be the Emporium of the Mediterranean Commerce.”

   RC (DNA: RG 59, CD, Hamburg, vol. 1); copy (DNA: RG 59, LAR, 1801–9, filed under “Forbes”). RC 1 p.; docketed by Brent as received 3 Oct. Copy varies in wording; docketed by Jefferson.

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


Title: To James Madison from William Eaton, 7 July 1802
From: Eaton, William
To: Madison, James

Sir,
Tunis 7. July 1802.
Though the inclosure of this date needs no comment I cannot forbear remarking that it exhibits a melancholly proof of the truth of my apprehensions and of the necessity of more energy.
I should be more in detail; but this goes off immediately viâ Leghorn, and I have not yet possessed myself of whole facts. The slaves will be marched to this city tomorrow, and probably hence by land to Tripoli. I have the honor to be most respectfully Sir, your very obed. Servt.
William Eaton
P. S. July 10. By my circular of yesterday it is shewn that the Brig is of Philadelphia. The corsaire took in provisions at Bizerte, and departed 8th. inst. on another cruise. This Bey has objected to the American slaves marching through his country—says he does not wish to get himself into an embroil. They will be carried along the coast in a row-boat. I am not permitted by the Captors to have any communication with the captives—consequently do not know what treatment they suffer.
W. Eaton

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC marked “Duplicate.”

   In the letterbook copy, Eaton wrote “inclosures” followed by an asterisk and added in the left-hand margin, “*Letter from my vice Consul at Bizerte—and my circular.” The translated copy, enclosed with the RC, of a letter to Eaton from Guiseppe Manucie at Bizerte, 7 July 1802, reported that “last night entered this port a Tripoline Xebec, having with him an American Brig and nine men which he captured off Cape Pallos” (1 p.; 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)., 2:194). For Eaton’s 7 July circular letter announcing the capture of the U.S. brig Franklin, see Cathcart to JM, 6 Aug. 1802, and n. 2.

   Filed with the RC is a copy of Eaton’s circular letter dated 9 July 1802 (1 p.), containing the same information as in his 7 July circular and adding that the captured brig came from Philadelphia.


Title: To James Madison from Richard O’Brien, 7 July 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

7 July 1802, Algiers. Reports a message from the dey telling him “to write and directly Bring to Algiers The large Ship, The Washington, that he the dey would send her to Constantinople to bring to Algiers A Quantity of masts and other articles.” “Force only Can Errace those ideas from the Brain of the dey.” Suggests the U.S. be ready for war “if the dey does not renounce his Don Quixotte Ideas.” For eighteen months the dey has been ordering the Danes “to Bring Vessels to go for those Masts &c. They have Bribed of[f] his ideas.” In a postscript, recounts events following the capture and arrival at Algiers of the Philadelphia brig Franklin. “I Claimed the Vessel Cargo & Crew of this govt. as the Gaurentee of our treaty with Tripoli but to no Effect. I requested the interferance of the regency to ransom the Brig Cargo and Crew but Could not prevail on this Govt. to do me that favour.… As yet I have a distant hope.” Reports terms of Spanish agreement with Algiers, listing five conditions. In a 22 June audience with the British consul, the dey threatened that if payment of an old claim of $187,000 was not made in five months “he the Potent Dey would make war with the British. His Efforts would be like unto a wasp disturbing the repose of a lion.” On 30 June the dey demanded of Bonaparte’s agent Thainville repayment of a $200,000 loan and a $300,000 tribute promised two years earlier; “the dey has given the french Agent 40 days to Comply with These demands—& if not War War War.” States that in the evening of 7 July the dey withdrew his demand for the ship George Washington, informing O’Brien he would “demand the favour of the Consul of a nation More adjacent.” In a postscript of 13 July observes that Algiers and Tunis are on the verge of war; “this is good news.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 3 pp.; docketed by Brent. O’Brien may have enclosed with this dispatch a three-page document (ibid.) dated 10 July 1802; the first page is headed “Statement of Particulars relative to The Regency of Algiers in July 1802,” the second page, “Statement of exactions and Captures demands &c. of Algiers in April May & June 1802,” and the third page, “Statement of Spoilations on the underwritten nations by Algiers in 4 years &c.”; addressed to “The Honourable James Madison Secretary of State of The UStates & for The information of Commodore Morris & US Navy”; printed in Knox, Naval Documents, Barbary Wars, 2:198–200. Two other copies of the document (DNA: RG 59, CD, Algiers, vol. 6) are addressed “for The information of The Govt. of The united States of America”; the first is docketed by Wagner as received 23 Nov., and the second, also docketed by Wagner, bears Eaton’s notation that copies were forwarded to the U.S. minister at Madrid on 19 July and to the U.S. minister at Paris on 25 July.

   In 1800 the dey of Algiers had commandeered the U.S. ship George Washington for his own use over the protests of its captain and the U.S. consul. JM’s instructions to O’Brien in 1801 explicitly forbade a repetition of such an act of hostility against the U.S. (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:82 n. 4, 214, 425).

   Another copy of the RC (DNA: RG 59, CD, Algiers, vol. 6), which varies considerably in wording, concludes here with a description of the dey’s harsh treatment of Portuguese officers.

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


Title: To James Madison from Thomas Stockton, 7 July 1802
From: Stockton, Thomas
To: Madison, James

Letter not found. 7 July 1802. Mentioned in Daniel Brent to Stockton, 14 July 1802 (DNA: RG 59, DL, vol. 14), as a request for JM to pay money due Stockton to Caesar Rodney. Brent replied that since Rodney had already left Washington to return to Delaware, Stockton would have to either authorize someone else to receive the money or “sign the enclosed receipt, and forward it to the secretary of State, in which case the money, will be transmitted to you by Mr. Thom, who acts as the Accountant to this office.”


Title: To James Madison from William Nelson, Jr., 8 July 1802
From: Nelson, William, Jr.
To: Madison, James

Dr. Sir
Virga. York Town July 8th. 1802
I understand that a new District for the collection of duties has been established in Matthews County and perhaps a part of Glo[uce]ster. If no person has been appointed collector, or if no one of more experience and better pretensions has been thought of for the office, I take the liberty of mentioning as a candidate Mr. Thos. Nelson junr. of this town, son of Hugh Nelson decd. He has had the usual College-education, has lived some time in a counting house, and has since attended a course of lectures on law; and I believe him to be a young man of correct demeanor. He will in few months attain his twenty second year. I am, with great respect, Dr. Sir, yr. obedt St
Wm. Nelson jr.

   RC (DNA: RG 59, ML). In the lower margin JM wrote in pencil, “Francis Armistead is appointed.”

   Thomas Nelson, Jr. (1780–1859), was a member of the wealthy and influential Nelson family of York County, Virginia. His father was Col. Hugh Nelson (1750–1800), his uncles, Gen. Thomas Nelson, a signer of the Declaration of Independence and a governor of Virginia, and William Nelson, Jr. Thomas Nelson, Jr., was appointed collector at Yorktown in 1807; JM appointed him commissioner of loans for the state of Virginia in 1809 (Richard C. M. Page, Genealogy of the Page Family in Virginia [New York, 1893], pp. 161, 172–73, 181–82; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 2:57, 63, 119, 120).

   William Nelson, Jr. (ca. 1754–1813), served as a judge of the General Court of Virginia from 1791 until his death (Page, Genealogy of the Page Family, p. 162; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 6:500 n. 2).


Title: To James Madison from Charles Pinckney, 8 July 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
July 8: 1802 In Madrid
Mr Gibson going to morrow affords me an Opportunity of sending you a line in addition to the Dispatches I have delivered him for your Department. These are voluminous & will inform You of our affairs as they stand at present. My private Opinion is that on the subject of Louisiana & the Floridas this Court is & has been for a considerable time governed by France & this Opinion I have given to Mr Livingston urging him to use his influence & exertions at Paris in such manner as to place our citizens in that neighbourhood in the situation with France they now are with Spain. Mr Cevallos has promised me Louisiana will only be delivered to France subject to the conditions of our treaty with Spain. I am now urging him to give me this Declaration, (which he made verbally), in writing & I trust he will as soon as the celebration of the Princess[’]s Wedding is over, which now occupies their whole attention. I have often told you that I believe Spain has been led into the Business of Louisiana against her Will & that the whole has been very reluctantly agreed to by her—that she does not act from her Own Opinions. This induces me to make great allowances for her & to hope in the End, as much compensation from her for our claims, as We could reasonably expect. I believe the only true mode to obtain it is the one pointed out by my Instructions & which my own Opinions persuade me is the right one, & that is Moderation. Indeed I know of no other that can be pursued at present with prudence or any probability of producing its effect. Some of the Americans here at different times have held different Opinions & supposed a strong or perhaps threatening language might produce an immediate compensation, & an agreement to our propositions & wishes. But as this was neither consistent with my instructions or my own opinions I have adopted a different & a mild one, well knowing that it is easier to irritate than to reconcile & that more is generally to be obtained by prudence & an appeal to the honour & Justice of a nation, than to its fears, unless you are in a situation very much to over-awe them. This cannot be said to be our situation at present with Spain, who is at peace with all the World & has France constantly ready to Support & assist her. For any attack on Holland or Spain would immediately produce a rupture with France. This is not what we want & therefore I believe the mild & persuasive tone of moderation to be the true one not only to make friends & obtain Justice but also favours. A nation will do the one & grant the other with a bad grace after being threatened & it is not always prudent to threaten unless prepared to strike. It is therefore with pleasure I have continued & I trust with no inconsiderable industry to pursue every moderate means in my power to obtain what We wish. I believe I shall do so as to the Spanish Spoliations. You will judge & determine whether I ought to agree to the including the French, with the insertion of the Words “segun los principios que constituyen la moralidad de las acciones,” & instruct me whether I am to consent to accept the agreeing to arbitrate those on that ground, or what further you wish to be done. In the meantime I shall continue to endeavour to get them included on the same general principles with the Spanish, by annexing another article to the Convention, & this although not probable, I do not yet despair of. Believing that things are often granted to a Minister who stands well with a court, which would be refused, if disagreeable to them, it has been my endeavour to make myself as agreeable to the Court here as possible & I trust I have succeeded, so far that I believe it gives Mr Cevallos pain to refuse, or evade the requests of the United States whenever he is obliged to do so. He contends the insertion of the Words, will not confine the Powers of the Commissioners or defeat the Arbitration & that the Commissioners thus appointed may well take up the french claims. You will be so good as to determine, & if you see it in that Light, to give me your Opinion. I thought it too important to decide myself, but at the same time to give you these Opinions as to the propriety & policy of pursuing mild & moderate Measures with this Court, who I am persuaded have the Wish to do us Justice when in their power, but at present do not find it convenient to oppose the Wishes of others, who have much influence in their councils & go the Lengths of using it as forcibly as they can. It has been thought extraordinary while they were telling us they would consent to an Arbitration, that still their Courts were condemning or rather confirming condemnations of their inferior maritime tribunals, for Cases which occurred during the War. I enquired into the reason of this & was informed that the course of their Tribunals in Spain was regular & uninterrupted—that the King never interfered to stop them—that they were open to all who had cases depending in one regular uniform mode & could not be stopped—that it had been the case for a great length of time in Spain that the Monarch never interrupted the course of their Tribunals, & in return I was asked, if our Executive could, or ever did stop the Trial of prize causes, or whether this was not left entirely to the Judges to act according to known & established rules.
I shall pursue the Subject of endeavouring to obtain full Compensation with Zeal & discretion & will thank you for your Opinions. They are always very valuable to me. In the case of Louisiana & the Floridas & the Misissipi We are particularly concerned in Georgia & South Carolina & the southern states, it therefore always has & will continue to claim my most serious attention. I have written to the Minister again to endeavour to obtain from him in writing the declaration he made to me respecting Our Rights of Navigation & of Deposit & of Louisiana being delivered subject to the conditions of our Treaty. At present the Court are & have been for sometime engaged in celebrating the double marriages of the Prince of Asturias with the young Princess of Naples & the Princess Maria Isabel (Infanta) & Daughter of the King of Spain to the Hereditary Prince of Naples & this so totally engrosses their time that some allowances are to be made for their not being able to attend very closely to Business during these festivals. It has brought on the Court & Nation great Expence & such is the magnificence & stile here upon these occasions that it has also brought considerable Expence on the foreign Ministers who were all invited to the Wedding.
Considering the length of my public Dispatches by Mr Gibson, I fear you will view this private letter as a long one, but I thought it necessary to give you my opinions on the probability of things being better arranged here by moderate & friendly measures, than by those irritating ones which ought never to be resorted to but in the last extremity & where you have a rupture in View. I know some of my countrymen for whom I have great Esteem & regard differ from me & think strong language & measures best, but I thought it my Duty to give you the Opinions I have & whenever it appears to me they ought to be changed you will hear from me the reasons. Please present me affectionately & respectfully to the President & our friends at Washington & believe me with very sincere & affectionate regard & respect & with my best Wishes Dear Sir Yours Truly
Charles Pinckney

   RC (DLC).

   This may have been William Gibson of Charleston, South Carolina (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:460).

   Pinckney to Livingston, 30 June 1802 (NHi: Livingston Papers).


Title: To James Madison from Charles Pinckney, 8 July 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
July 8: 1802 In Madrid
Since closing my Dispatches by Mr Gibson this morning, I have recieved a letter from Commodore Morris commanding our Ships in the Mediterranean informing me of the Arrival of Mr Simpson at Gibraltar with the intelligence of the Emperor of Morocco having declared War against the United States. No doubt Commodore Morris has taken the first opportunity to communicate this to you, but lest an accident might happen to his dispatches I hasten to do the same & have directed circular letters to be Written to all our Consuls in Spain, & Italy & Portugal for the information of our Merchants & masters of Vessels. The Commodore does not mention to me the cause of the War, but I am afraid from this, it is more than probable we shall be engaged in War with the whole of the Barbary Powers & be obliged to keep a stronger Squadron in the Mediterranean. With regard & respect & my best wishes I remain dear Sir Yours Truly
Charles Pinckney
P S I have just recieved a Visit from one of the foreign Envargado de Negotion. here & from his conversation with me I find that the Swedes & Danes & many other nations have numerous claims on this Government similar to our own for captures by the french equipped in Spanish Ports & Vessels condemned therein & that they are merely waiting to see the issue of our negotiations. This I told you before was one of the causes which increased the difficulty of our Negotiation for this class of our claims, but I did not know before that the claims of other Nations were to the extent I now find they are. The moment I make any arrangement with the Government here, the others will produce their claims. Mr Cevallos knows this & it is one of the reasons which makes the adjustment of the french spoliations a Question of such magnitude that Spain with all her resources would find it very difficult to meet them, for the greatest part of the claims of other nations are for Violations of the Spanish Territory by the French Privateers equipped in Spanish Ports.
I sent yesterday to Mr Cevallos the draft of another Convention for his Signature & a request to him to know his ultimate determination. This is the third I have sent him.

   RC (DNA: RG 59, DD, Spain, vol. 6). Marked “(Duplicate).” Docketed by Brent as received 3 Oct.

   In JM’s absence from Washington, Brent wrote to inform Pinckney that two U.S. frigates were about to leave for the Mediterranean Sea, to which he added that “it is very much to be hoped that this reinforcement will prove an effective aid to the force already in that sea” (Brent to Pinckney, 6 Oct. 1802 [DNA: RG 59, IM, vol. 1]).


Title: To James Madison from John Gavino, 8 July 1802 (Abstract)
From: Gavino, John
To: Madison, James

8 July 1802, Gibraltar. No. 94. Encloses copy of a letter from O’Brien, dated 23 June, confirming that the brig Franklin was captured by a Tripolitan vessel and that there were four others out; they had since been seen off the coast of Spain. Encloses also the terms of the settlement between Algiers and Spain and another letter from O’Brien dated 13 June. Dey of Algiers has returned the British ships taken by his vessels. Emperor of Morocco has recalled Simpson, “alowing him Six Months for Answers from the U. S.—for particulars thereof referr to said Gentleman & Commodor Morris.” Sir James Saumarez has gone home, “and the remainder of the Troops that Evacuated Mahon have passd by, also those that left Elba, when the French imediately hoisted their flag.” Reports passage of “a large French Convoy with upwards of 3000 Polanders” and a French squadron of six ships of war, reportedly destined for Saint-Domingue.

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 2 pp.; docketed by Brent. 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)., 2:195–96. For enclosures, see nn. 1 and 2.

   In his 23 June letter to Gavino (2 pp.), headed “Circular,” O’Brien reported seeing a three-lateen-sail Tripolitan corsair with an American brig in tow just off the port of Algiers; the corsair had been one of two Tripolitan ships that had sheltered at Algiers between 10 and 14 June. In a postscript, O’Brien outlined the terms agreed to by the Spanish, which included payment to the dey of $60,000 and, within forty days, another $42,000 in presents. Spain was also to renounce any claim to three Spanish vessels and their cargoes held by Algiers.

   In his letter to Gavino of 13 June (2 pp.; marked “Copy of this letter forwarded to Department of State”; printed ibid., 2:172–73), O’Brien warned of the movements of five Tripolitan corsairs, two of which—galliots with three lateen sails and four guns each—had arrived at Algiers and would soon leave for the coast of Spain to harass American and Swedish shipping. After describing the taking of the Portuguese frigate by the Algerines, O’Brien reported that the “second division of Corsairs is most all returned and in a few days the Grand fleet will prepare for sea to make some one miserable, of course. They are here dashing away at a great rate, bastinading the french at Tunis, condemning Spaniards at Algiers taking Neopolitans and Genoese within one mile of the Coast of france and Spain.”

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


Title: To James Madison from Edward Jones, 8 July 1802 (Abstract)
From: Jones, Edward
To: Madison, James

8 July 1802, Pointe-à-Pitre. Forwards a copy of his last dispatch [10 May]. “Since then for nearly 30 days we were prohibited from exporting any kind of produce except Rum & Molasses.” Restrictions were recently taken off, and all exports are allowed if the following duties are paid: 10 percent on sugar, 5 percent on rum and molasses, 4½ sous per pound on coffee, and 4½ ₶ per hundredweight on cotton, “with an addition of 10 ⅌ Ct. on amount of Duties.” Articles of the “first necessity, that is all kinds of provisions and Lumber,” may be imported duty free. Expects to leave Guadeloupe for the U.S. in about a month. “This Island may be said to be restored to perfect tranquility, the Brigrands [sic] are all Distroyed except 100. to 150 Headed by Palerme who has taken refuge in the Mountains of Guadeloupe.”

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

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


Title: From James Madison to Presley Carr Lane, 9 July 1802 (Abstract)
From: Madison, James
To: Lane, Presley Carr

9 July 1802, Department of State. “The President of the United States having continued the Marshal for the Eastern District of Pennsylvania, your appointment for the Western District is of course discontinued, Under the late act of Congress for amending the Judicial system of the United States. You will please therefore to deliver over to Mr. [John] Smith all the papers &ca. &ca. which may be in your possession according to the directions of the said Act.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. JM wrote similar letters on this date to Hermanus H. Wendell of New York directing him to deliver his official papers to John Swartwout and to Andrew Moore of Virginia instructing him to turn his papers over to John Scott (ibid.).


Title: To James Madison from Roger Gerard van Polanen, 9 July 1802 (Abstract)
From: Polanen, Roger Gerard van
To: Madison, James

9 July 1802, Philadelphia. States that “a Severe fit of illness” prevented him from answering JM’s 29 June letter before this. Will attempt to “hasten the transmission” of the report in the case of the ship Mary from the governor of Curaçao to the Batavian government; will also inform the Batavian minister of foreign relations of JM’s request.

   RC (DNA: RG 59, NFL, Netherlands, vol. 1). 1 p.; docketed by Brent as received 11 July.


Title: To James Madison from Thomas Appleton, 10 July 1802 (Abstract)
From: Appleton, Thomas
To: Madison, James

10 July 1802, Leghorn. Reports that on 8 July he was informed by the Danish consul of the arrival of two armed Tripolitan galliots in Algiers; encloses a translation of a letter on the subject and declares that he “lost not a moment” in warning American ships at Leghorn. Encloses a copy of a letter from O’Brien at Algiers, received 9 July, which he forwarded to “all our Consuls on the European side of the Mediterranean.” Suggests that all American ship captains entering the Mediterranean stop at Gibraltar to “inform themselves ⟨i⟩f Danger exists, and where?” No important political events have occurred in Italy since his last dispatch on 1 June. Encloses a translation of the Ligurian constitution established by Bonaparte [not found]. “Continually are we told that a Port must be found for the Italian republic, and … the opinion hourly gains credit that Leghorn will probably be preferred.” The king of Etruria continues in poor health and announced in a recent edict that the queen will have a voice in all important matters. On 3 June the king of Sardinia abdicated in favor of his brother, the duke of Aosta. The king of the Two Sicilies is to make a triumphal march into Naples shortly. “The emperor at Vienna has re-established all the monocal institutions which had been suppressed by Joseph and even the order of Mendicant friars are declared not without their use in Society.”

   RC and enclosures (DNA: RG 59, CD, Leghorn, vol. 1). RC 4 pp.; docketed by Brent as received 6 Oct. For surviving enclosures, see nn. 1 and 2.

   The extract of a letter from the Swedish agent at Algiers, Norderling, to the Swedish consul at Genoa, 14 June 1802 (2 pp.), announced the arrival at Algiers of two Tripolitan galliots that had escaped from Tripoli despite the blockade and warned of their intention to cruise for Swedish and American ships (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)., 2:174).

   Richard O’Brien’s circular letter of 26 June 1802 (1 p.), reported the arrival at Algiers of a Tripolitan corsair with the captured American brig Franklin, the efforts he was making to ransom the crew, and the rumor that six Tripolitan corsairs had evaded the blockade (printed ibid., 2:187).

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


Title: To James Madison from Joseph Pulis, 10 July 1802 (Abstract)
From: Pulis, Joseph
To: Madison, James

10 July 1802, Malta. Takes advantage of the departure of the frigate Boston to report that he delivered to the commander of the frigate a dispatch left by the schooner Enterprize, which arrived at Malta on 27 Apr. The brother of the pasha of Tripoli remains at Malta, awaiting a meeting with the commander of the U.S. squadron in the Mediterranean; his arrangements with his brother are not yet settled, so that he has postponed his proposed voyage to Bengasi. The Order of St. John of Jerusalem has not yet taken command of Malta as stipulated by the definitive treaty. A British frigate has just arrived with Mr. Ball, the king’s minister, who carries instructions for handing over the island to the order. The British governor, Charles Cameron, received permission to resign and leaves 12 July for Great Britain. Encloses a list of all American ships that entered the port between January and June 1802. Has assisted all U.S. captains who stopped at Malta to their entire satisfaction.

   RC (DNA: RG 59, CD, Malta, vol. 1). 3 pp.; in French. In a clerk’s hand, signed by Pulis. Docketed by Brent as received 16 Oct. Enclosure not found.

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


Title: To James Madison from James Sullivan, 12 July 1802
From: Sullivan, James
To: Madison, James

Sir
Boston 12th July 1802
I have never been in the habit of seeking for offices for myself, or for my friends. I have given a number of Sons all the advantages which can be derived from the modes of education among us, and have been, as yet, rendered happy by their conduct. Had I wished any thing for them under the late administration, Mr Adams and his party would have treated a proposition in that way with contempt, on account of my childrens father. They must be much more mortified when they see their clas[s]mates noticed and themselves neglected by the present government. I should be greived to see them deprived of advantages on my account, or because I do not make the usual attempts to bring them into notice.
There are calls for Services, under the bankrupt, and other Acts, and to which men and the sons of men, who have not had so much concern in the revolution as I have had are called. I make no claim, however, on the score of merit, nor do I make any engagement in the political disputes of the day. I have my sentiments fixed on the consideration of the Presidents personal qualifications and his habitual virtues; and his firm republican principles. But if ever he was to attempt to assimilate the constitution of our nation to that of great Britian I should firmly oppose him. You will be so obliging as to excuse this intrusion and to beleive me to be with the most perfect respect to your character Your most humble Servant
Ja Sullivan

   RC (DNA: RG 59, ML).


Title: To James Madison from Ebenezer Stevens, 12 July 1802 (Abstract)
From: Stevens, Ebenezer
To: Madison, James

12 July 1802, New York. Knowing that the U.S. government often has occasion to send supplies to the Mediterranean, offers the use of “a Ship of 290 Tons, a New & fine Vessel, which the owners are desirous should have a freight for the Meditaranean.” Asks JM to communicate this offer to secretary of the navy. “I have been defeated in being able to purchase a required Cargoe for this vessel & My only chance of now getting her there, is by a freight.” Thanks JM for the “friendly Civilities I recd. from yourself & family while in your City.”

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


Title: From James Madison to Thomas McKean Thompson, 13 July 1802 (Abstract)
From: Madison, James
To: Thompson, Thomas McKean

13 July 1802, Department of State. “Your letter of the 3d. Inst: [not found] with the 4th. Vol. of the laws of Pennsa., has been duly received.”

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


Title: To James Madison from Elias Vander Horst, 13 July 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

13 July 1802, Bristol. Wrote last on 15 May. Fears uncommonly cold weather will harm crops, especially wheat. Encloses accounts of all imports and exports by American ships in his district for the six months ended 30 June, a report on the Bristol infirmary, newspapers, and a London price current.

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

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


Title: To James Madison from Ebenezer Stevens, 14 July 1802 (Abstract)
From: Stevens, Ebenezer
To: Madison, James

14 July 1802, New York. In accordance with JM’s instructions of 18 Feb., submitted the papers in the case of the ship Grand Turk to the district attorney for his opinion on whether the owners were entitled to demurrage for the time the ship was detained at Gibraltar. Encloses a copy of the attorney’s written opinion that the claim should not be allowed. “I am sensible that the Owners will not abide by this decission, as they have suffered materially, on Account of the detention, having engaged a freight for the Ship, up the Mediteranean, which was lost on Account of her not arriving in Season. … I have reason to fear they may cause me trouble in this business, and will thank you to inform me what in your opinion will be best to have done on the occasion.”

   RC and enclosure (DNA: RG 59, ML). RC 2 pp. For enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:475.

   Stevens enclosed a copy of Edward Livingston’s letter to him, 13 July 1802 (1 p.), which stated that “as there is no Stipulation for this payment in the Charter party, nothing obligatory in the Instructions, and as the delay seems to have been a measure calculated as well for the benefit of the Ship Owners, as the United States, I cannot advise you to allow the Claim.”

   The owner of the Grand Turk, John Coles, petitioned Congress on 25 Jan. 1803 to be reimbursed $4,280, the cost of 107 days’ demurrage at Gibraltar and Tunis in 1801. Coles maintained that he entered into the contract with the U.S. government without knowledge of the situation in the Mediterranean and that detention of his ship in the two ports lost him a freight worth $11,000 (DNA: RG 233, Committee on Claims, Petition of John Coles, 8A-F1.1). The House passed a bill on 30 Dec. 1803 allowing Coles demurrage at Gibraltar with interest on the sum; the Senate followed suit on 12 Jan. 1804 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 791, 794, 230).


Title: To James Madison from James Leander Cathcart, 15 July 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

15 July 1802, Leghorn. No. 9. Cannot find “words expressive of my feelings” about the capture of the brig Franklin by the Tripolitans. “It proves that we cannot evade the depredations of the most insignificant cruisers of the most insignificant Barbary State. What? after the pains that had been taken to defeat the projects of the Bashaw of Tripoli … had been attended with success … & we were upon the eve of concluding a treaty upon terms which would not only have been honorable … but would have establish’d a precedent worthy the imitation of other nations,… to be lull’d into a false security which has in a great measure blasted our most sanguine hopes is distressing beyond parallel.… You may depend Sir that this event small as it may appear will produce an entire change of sentiment in that Bashaw,… & nothing but the capture of one or two [Tripolitan cruisers] will place us in the same point of view that we were in before this misfortune happen’d.”
“No pains or expence ought to be spared” to prevent the crew of the Franklin from being taken to Tripoli, but ransoming the brig and cargo would establish a “pernicious precedent.” Article 9 of the U.S. treaty with Algiers prohibits the sale of captured American vessels in Algerine ports, and with the Swedish and American squadrons at sea “it is more than probable that [the Franklin] may be recaptured before her arrival at Tripoli.… Besides it is attended with this consequence, it will be apparently lessening the risque of navigating those seas by assuring our fellow Citizens that govt. will redeem both them & their property when captured.” On 10 July he and Appleton “endeavor’d to dissuade the Masters of vessels now in port from sailing until some of our Frigates or those of Sweden arrives to take them under convoy, but with out effect, they seem at present as they ever have seem’d, intent upon gain only, without properly appreciating the risque.” Has been “indefatigable” in warning ship captains of the danger and in giving them “timely information in order to prevent them from rushing inconsiderately upon ruin & what is worse, Slavery.” In a postscript, relays an unofficial report that Commodore Morris has arrived at Gibraltar and reiterates his request for a credit for cash.

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 4 pp.; docketed by Wagner as received 5 Oct. 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)., 2:204–5. Extracts of RC and second enclosure transmitted by Jefferson to Congress on 15 Dec. 1802 and printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:462. Both enclosures docketed by Wagner as received in Cathcart’s 15 July dispatch. Thomas Appleton also sent JM copies of both enclosures (see Appleton to JM, 10 July 1802, and nn.). The first enclosure (2 pp.), an extract in French of a letter from the Swedish consul at Algiers, Norderling, to the Swedish consul at Genoa, 14 June 1802, bears a note from Cathcart to JM attesting that he had received it from Appleton on 7 July 1802 and expressing surprise that “our Consul at Algiers has been silent on an occasion so very interesting to our commerce.” The second enclosure (2 pp.) is a copy of Richard O’Brien’s circular letter of 26 June 1802, below which Cathcart wrote, “By comparing this with Mr. Nordelings letter it would appear that more Cruisers than the two galleys are out but I can hardly beleive it possible that they could evade the diligence of two Squadrons, or that they have enterprize to attempt it in anything but row boats such as the Gallies”; Cathcart also relayed an unofficial report that Captain Sterett in the Enterprize had “recaptured a Swede.”

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


Title: To James Madison from John T. Mason, 16 July 1802
From: Mason, John T.
To: Madison, James

Dear Sir
George Town 16th July 1802
I am by no means satisfied with myself for the trouble I give you in addressing to you this letter. I am apprized of the two applications made to you, the one by Mr S. Hanson in person, the other through Mr Dab. Carr to appoint the former Chief Clerk in your Department, and of the answer by you given to each application. I know nothing of the duties appertaining to the Office, and consequently can know not what talents are requisite to fill it, but I can readily suppose that there are many quallities desirable in an Officer of this kind, besides the bare capacity to discharge the duties of the office, and therefore had I been in Mr Hansons place, I should have understood enough from your answers to make me cease to look for or expect the appointment. He however sees the subject differently, and can discover nothing in your answers but a doubt as to his capacity, and a reluctance to receive into the office a man, who from incompetency you may be compelled to remove. So rivetted is he to this opinion, that nothing will satisfy him but an answer from you to a proposition of the following nature “to receive him into your Office for a fortnight, or even for a week, upon trial, without a previous appointment, and if upon that trial you should be willing to trust him with the appointment, he will at all times hold himself bound to resign, upon the slightest intimation of your wish that he should do so.” Through me he has insisted that this proposition should be made to you. In better circumstances he was justified in beleiving me his friend, now that he is reduced to the most abject poverty and threatened want, I feel myself unable to deny him that which under different circumstances I might possibly have refused. These considerations will I trust excuse the liberty I take in thus addressing you.
This evening Mr Hanson will call on me, and if it be not improper to ask it, I shall be very glad of an opportunity to say to him, in any way that you shall think proper, that he may, or that he may not expect to have his wishes gratified. With great respect & real esteem I am D Sir Your Obedt Servt
John T. Mason

   RC (DLC). Docketed by JM.


Title: To James Madison from Louis-André Pichon, 16 July 1802
From: Pichon, Louis-André
To: Madison, James

G. Town 16th. july 1802
Mr. Pichon takes the liberty to Sollicit of Mr Madison a decision in the case of the Peggy, Cape. Buisson, which is pending on this issue whether the owners, after the judgment of the Supreme court, will have to prosecute the Captors or will receive their property from Govmt. Mr. Madison will please to recollect, altho those circumstances may be considered as foreign to the merits of the case, that of all the cases of french Captures this was the most favorable: & Mr. P. begs leave to represent that by the different obstructions it has met with, the owners have lost nearly 6,000 Doll out of the 9,000 released by Govmt. The order at first given by the President of the U. S. as early as march 1801 for the delivery of this last Sum being the moiety appertaining to the United States, appears to evince that at that early Stage of the business there was not the least doubt but the case came fairly under the Treaty. It is really difficult to conceive that after so positive a decision on the part of the President of the United States, the indemnification for the other moiety may be considered as not coming within the treaty. When the first order was given no trial had taken place in the Supreme court, it seems to Mr. Pichon that the circumstance of the trial had posteriorly and of the sentence of the Supreme court, cannot have an effect to invalidate the claim under that instrument. The owners in france have made to Mr Pichon several applications & he begs Mr Madison will endeavour before the impending recess to put it in Mr P. power to give an answer to the owners and direct their attorneys in New York how to act.

   RC (DNA: RG 59, LOAG). Docketed by Brent as received the same day.


Title: To James Madison from Charles Pinckney, 16 July 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
July 16: 1802 In Madrid
A few days after Mr Gibson left us I recieved the inclosed from Mr: Montgomery who had recieved it inclosed from Mr Obrien at Algiers. This is the third I have forwarded to you from him & I am hopeful it will arrive in time to go by Mr Gibson. The intelligence of War being declared by Morocco I forwarded, Via Cadiz in the beginning of this Month. If it should be necessary for me to interfere in this Business or take any Steps in it you will please instruct me as I shall always with pleasure give every aid in my power. I have sent in a fourth draft of a Convention to the secretary of state here on the subject of our Claims & other Business. I am now waiting his Decision & as soon as I recieve it you will hear from me fully. I still hope the best, although they are so extremely dilatory in their proceedings, it is impossible to calculate when a thing can be drawn to a conclusion. In the interim I am pursuing every probable mode in my power to ensure success to the propositions I have submitted. With great regard & respect I am dear sir Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6). Docketed by Brent as received 27 Oct.

   See O’Brien to JM, 14 June 1802, and n.


Title: To James Madison from William Baker, 16 July 1802 (Abstract)
From: Baker, William
To: Madison, James

16 July 1802, Washington. “I am apprized that you have received already, through several channels, Colo. Hanson’s application for the chief clerkship in the department of State; & I know too, that your answer has been unfavorable.… If it were believed, that you are in possession of all the circumstances which induce this application … you would not again have been importuned upon this subject.… An intimate acquaintance with the deplorable situation of Colo. Hanson, & a natural hope & anxiety, arising from my near connection with him, that through you his situation may be bettered, form at once the apology & object of this letter.… I would barely suggest that upon the procurement of appointment under the government, the family of Mr. Hanson depends for the means of existence; & that the conferment of an office equal to their support, would be an act of real charity.… Mr. Hanson only solicits a trial to be made of him. He is willing to risk all he hopes for, upon a faithful & competent discharge of his duty.… I have supposed that you were unacquainted with the extent of his misfortunes, & that you will believe me when I say, that he is at this moment without a shilling.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Hanson”). 3 pp. William Baker (ca. 1749–1812) was a Georgetown physician and brother-in-law of Samuel Hanson of Samuel (Papenfuse et al., Biographical Dictionary of the Maryland Legislature, 1:111).


Title: To James Madison from Sylvanus Bourne, 16 July 1802 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

16 July 1802, Amsterdam. Transmits latest issues of Leiden Gazette; “those you desired for the last years are all packed & only want a Conveyance to Baltimore—my house here will continue to forward those which succeed.” Expects to embark for the U.S. within the month, “as the most probable means of restoring the physical & intellectual health of Mrs B.,” and has made arrangements for filling his place during his absence.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p. Mistakenly docketed by Wagner, “16 Jany. 1803,” and filed under that date.

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


Title: To James Madison from Thomas Bulkeley, 16 July 1802 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

16 July 1802, Lisbon. Refers to his dispatches of 2, 5, and 10 Feb. “The Schooner I mentioned to have been lost on the Coast of Faro has been claimed by James Philips & Co. of Philadelphia and delivered to them.… I have obtaind an order for the restitution of the Duties imposed on the Cargo of Fish by the Hope.… The duties were demanded on an old law which has never been revoked.” Reports that since the arrival of the crew and supercargo of the schooner Samuel, the captain, crew, and supercargo of the schooner Pilgrim arrived from Rio de Janeiro, and the confiscation of both ships is under appeal; will send JM the documents in the cases following the prince regent’s decision. “The Cases of these vessels are nearly alike.… The confiscation is founded on their clearances and the Sea Letters being filled up to Rio de Janeiro only, but not the least accusation of illicit trade brought forward.” Encloses copies of letters “which will show you the state of affairs in the Mediterranean.” In a postscript, notes that John Watson, supercargo of the Samuel, “has just brought me the inclosed Translation of his case.”

   RC and one enclosure (DNA: RG 59, CD, Lisbon, vol. 1). RC 3 pp.; docketed by Brent as received 10 Sept.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:436, 437, 446, 456.

   Bulkeley enclosed a seven-page transcription of letters that included John Gavino to Bulkeley, 20, 24, and 28 June 1802; a circular letter from James Simpson, 25 June 1802 (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)., 2:183–84); F. A. Kantzou, Swedish consul general at Lisbon, to Bulkeley, 2 July 1802; Richard O’Brien to Robert Montgomery, 16 June 1802; the captain of the British ship Fortune to the British consul at Alicante, 16 June 1802; and W. May of the British brig Cameleon to Bulkeley, 13 and 15 July 1802.

   Enclosure not found, but see William Jarvis to JM, 3 Aug. 1802, for a copy of the translation in Jarvis’s hand. The Boston owners of the Samuel were notified of the ship’s detention earlier in the year when Bulkeley forwarded a copy of a letter from the ship’s captain in his 10 Feb. 1802 dispatch to JM. Bulkeley suggested they could send JM the needed documentation. Owners Thomas Arnold, Arnold Wells, and Peter C. Brooks wrote JM on 6 Aug. 1802 (not found), and Daniel Brent forwarded their letter to JM in Virginia. When Bulkeley’s 16 July dispatch was received at the State Department, Brent sent an extract to the owners “on account of the information which it affords, with respect to a case that is interesting to you” (Brent to Arnold, Wells, and Brooks, 22 Aug. 1802, and Brent to Brooks, 11 Sept. 1802 [DNA: RG 59, DL, vol. 14]).

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


Title: From James Madison to Ebenezer Stevens, 17 July 1802 (Abstract)
From: Madison, James
To: Stevens, Ebenezer

17 July 1802, Department of State. Acknowledges Stevens’s letter of 14 July. Concurs in the opinion of the district attorney on the claim of demurrage for the Grand Turk but thinks it proper that the claimants should be referred to Treasury Department for a settlement of the question; “this is in fact the most regular course in such cases.” The claim of Stewart & Company should be submitted with supporting documents to the accounting department, “which will liquadate [sic] and decide thereon, according to the tenor of the contract legally entered into in behalf of the public.”

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


Title: From James Madison to Louis-André Pichon, 19 July 1802
From: Madison, James
To: Pichon, Louis-André

Sir
Department of State July 19. 1802.
Having laid before the President the subject of your Note of the 16th. instant, I am charged to acquaint you, that under the circumstances of the case of the Peggy, Capt. Buisson it rests with the claimants of restitution to pursue their object, by judicial proceedings against the captors for the moiety distributed to them according to a decree of an inferior court reversed by the Supreme Court of the United States. This course is rendered particularly proper by the consideration that the actual distribution resulted from the failure of the claimants to interpose the legal means of preventing it, at the proper stage of the trial. Accept assurances of the high consideration &ca.
James Madison

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (DLC: Alexander Hamilton Papers).


Title: To James Madison from Jonathan Bull, 19 July 1802
From: Bull, Jonathan
To: Madison, James

Sr
Hartford July 19th: 1802
I receiv’d your favour of the 6th. Instant with its inclosure. I feel very sensible of the respect paid me by the President of the United States, in being selected to be one of the Commissioners of Bankruptcy for the District of Connecticut, and beg through you, to return him my gratefull acknowledgments. I should most cheerfully have accepted the appointment had I not been particularly circumstanced. I hold Offices under this State, which are annual, and although not very lucrative, are necessary to aid me in the support of a large Family. My Political sentiments being obnoxious to the ruling party here have already bro’t me into Jeopardy, and should I accept of the Commission now offerd me, It might be deemed a relinqu[i]shment of my present State Offices and would probably pave the way for my removal—the Duties which will ⟨fair⟩ly attach to the whole might be executed by one Person, and not even engross the whole of his Time—yet under the present virulence of my adversaries, I have no right to expect any indulgence. It is the opinion of my Friends here that the cause in which we are engaged will not be advanced by my acceptance, but the reverse. I therefore find myself under the necessity to decline the Honour intended me. I am Sr with the highest respect your humble Servant
Jonth: Bull.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Bull”). Docketed by Brent.

   Letter not found.

   Jonathan Bull (ca. 1747–1825) was a Yale graduate and Republican politician who served as judge of probate for the Hartford district (1790–1808) and as judge of the Hartford county court (1798–1807) (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:545 n. 13).


Title: Memorandum from Thomas Jefferson, 19 July 1802
From: Jefferson, Thomas
To: Madison, James

July 19. 1802.
Henry Warren (of Mass) to be Collector of Marblehead v. Samuel R. Gerry.
William Lyman of Massachusetts to be Collector of Newbury port, vice Dudley A. Tyng
William R. Lee of Massachus: to be collector of Salem & Beverley vice Joseph Hiller
Peter Muhlenburg of Pensylvania to be Collector of  vice George Latimer
John Page of Virginia to be Collector of Petersburg v. William Heth. Tenche Cox of Pensylvania to be Supervisor of Pensylvania v. Peter Muhlenburg.
Perhaps it may be better to inclose blank commissions to mr. Gallatin in all the above cases, to be filled up & sent out by him, all together, on his return.
Th: Jefferson

   FC (DLC: Jefferson Papers).

   Henry Warren, son of the Revolutionary War politician James Warren and the historian Mercy Otis Warren, was appointed collector of customs and inspector of revenue for the port of Plymouth in 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:453). Joseph Wilson was named to the post at Marblehead in place of Samuel R. Gerry, the brother of Elbridge Gerry, who had been removed for incompetence (ibid., 1:432; George Athan Billias, Elbridge Gerry: Founding Father and Republican Statesman [New York, 1976], pp. 305–6).

   William Lyman (1755–1811), of Hampshire County, Massachusetts, served as a Republican in the U.S. House of Representatives, 1793–97, but declined this appointment. In 1804 he was appointed U.S. consul at London. Ralph Cross, who had been dismissed as weigher and gauger of customs in 1792, was appointed collector of Newburyport after Dudley A. Tyng was removed for political reasons (Carl E. Prince, The Federalists and the Origins of the U.S. Civil Service [New York, 1977], pp. 35–36; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:432, 476; Samuel Spring to JM, 20 Oct. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:187–88 and n. 1).

   William Raymond Lee (1745–1824), Revolutionary War veteran, merchant, and land speculator, served as collector of Salem and Beverly from 1802 until his death (Thomas A. Lee, “The Lee Family of Marblehead,” Essex Institute Historical Collections, 53 [1917]: 155–68). Joseph Hiller was a prominent Salem Federalist and contributed both financially and editorially to the anti-Jeffersonian Salem Gazette (Prince, Federalists and the Origins of the U.S. Civil Service, pp. 31–33).

   Left blank by Jefferson. Peter Muhlenburg was appointed collector for the district of Pennsylvania (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:432).

   John Page (1743–1808), a former congressional colleague and longtime friend of JM’s, declined the appointment due to bad health. John Shore was chosen in his stead to replace the Revolutionary War veteran and Federalist William Heth (1735–1808), who was removed (Daniel Brent to JM, 3 Sept. 1802, and n. 5; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:433; Lyon Gardiner Tyler, ed., Encyclopedia of Virginia Biography [5 vols.; New York, 1915], 2:172).

   Tench Coxe’s struggle to obtain a position in the Jefferson administration is described in Coxe to JM, 22 Nov. 1801, Editorial Note (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:258–59). Coxe’s unhappiness with the post he took up was evident from the soothing letter John Beckley wrote to him on 28 Mar. 1802. Beckley assured Coxe that he had “held full and free conversations with Mr: Madison and Mr: Jefferson on the subject—they have both explicitly declared their high regard and determination to … do something adequate to your merits & services” (Papers of Tench Coxe [PHi microfilm ed.], reel 74).


Title: To James Madison from John Steele, [19 July] 1802
From: Steele, John
To: Madison, James

Dear Sir,
Monday Morning [July 19. 1802]
I beg leave to put into your hands the enclosed letter from General Davie recommending Mr. Barnet and Mr. Montflorence to the notice of Government. As I am not at all acquainted with the former, and but slightly with the latter, I wish to be understood as not offering an opinion concerning the pretensions of either: Indeed I would not have put you to the trouble of even reading the letter but to satisfy the importunity of Genl. Davie, who in a late letter which I received from him continues to expect that I should do something, and I know of nothing else that I can do with propriety. In reply I informed him that I would hand the enclosed letter to you, or to the President as his recommendation. You need not therefore be at the trouble to return it. Accept the assurance of my highest esteem and respect.
Jno. Steele

   RC and enclosures (DLC); FC (NcU: Southern Historical Collection). RC docketed by Brent. FC marked “Private” by Steele. For enclosures, see n. 2.

   Date in brackets supplied by JM.

   William R. Davie’s letter, dated 30 Jan. 1802 (2 pp.), recommended Isaac Cox Barnet and James C. Mountflorence for U.S. vice-consulships in France. Both had been removed from offices there by the Jefferson administration, and Davie objected to the “injustice and hardship” of Barnet’s treatment and insisted that Mountflorence had “real claims upon the attention and patronage of our Government.” In addition, Davie enclosed a copy of a letter of 10 Oct. 1801 he had received from Barnet (4 pp.), complaining of his misfortune at being replaced and presenting his “just pretensions to public confidence.”


Title: From James Madison to Clement Humphreys, 19 July 1802 (Abstract)
From: Madison, James
To: Humphreys, Clement

19 July 1802, Department of State. “I have duly received your letter of the 12th. Inst. [not found] enclosing one from Mr. Pinckney and another from the Consul of the United States at Madrid, for which I return you my thanks.”

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

   Probably Charles Pinckney to JM, 20 Apr. 1802, and Moses Young to JM, 26 Apr. 1802 (not found) (see JM to Pinckney, 26 July 1802, and JM to Young, 28 July 1802).


Title: To James Madison from John Dodd, 19 July 1802 (Abstract)
From: Dodd, John
To: Madison, James

19 July 1802, Hartford. Acknowledges JM’s letter of 6 July [not found] informing him of his appointment as one of the commissioners of bankruptcy for the district of Connecticut, “but as I had no previous knowledge of any Such thing being about to take place, and having made arangements of a different kind; duty to my self and in my opinion to the Public require me to decline accepting the appointment.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Dodd”). 1 p.; docketed by Brent.


Title: To James Madison from Rufus King, 19 July 1802 (Abstract)
From: King, Rufus
To: Madison, James

19 July 1802, London. No. 73. Reports receipt of 25 June letter from Commodore Morris at Gibraltar announcing Morocco’s “unexpected declaration of war” on U.S. Has notified U.S. consuls in Great Britain so that American ships might be forewarned. Does not know why “this unjust Proceeding has arisen,” having “no exact information either concerning the internal condition of Morocco, or of the State of our Relations with this Power.” The event confirms his belief that “our security against the Barbary Powers must depend upon Force and not upon Treaties.” Owing to dry weather followed by wet hay season, the hay crop is “not only short in quantity but ill cured; old Hay has in consequence thereof risen in the London Market.” Prospects for grain are better, but “the Continuance of rainy weather” makes the corn harvest uncertain.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp.; in a clerk’s hand, signed by King; docketed by Brent as received 23 Sept. Printed in King, Life and Correspondence of Rufus King, 4:148–49.

   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)., 2:184.


Title: To James Madison from William Lee, 20 July 1802 (Abstract)
From: Lee, William
To: Madison, James

20 July 1802, Bordeaux. “The bearer hereof Mr Kidder of Massachusetts has been Secy. to this Agency for some months. He is a young man of good abilities & strict integrity and has had the advantage of being educated at Cambridge. He will answer any questions you may please to put to him concerning the affairs of this agency and will be able to give you considerable information respecting the state of things in this Country.”

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

   This was probably John Kidder, a Boston merchant (Stinchcombe, The XYZ Affair, p. 136).

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


Title: To James Madison from William Savage, 20 July 1802 (Abstract)
From: Savage, William
To: Madison, James

20 July 1802, Kingston, Jamaica. States that he last wrote on 9 June, since which he has received JM’s letter of 29 Apr. “I am sorry to find my services here are not entitled to any Compensation, I will hope was the question to come before Congress they would acquiess in my Wishes.” Encloses his account up to 30 June, amounting to £366 13s. 5d. “I am well aware of the rigid economy that may be necessary in the Goverment but at the same time I cannot refrain from expectations when the question is properly laid before the nation in their Legislative Capacity.”

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 1 p.; docketed by Brent as received 24 Sept. Enclosure not found.

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


Title: To James Madison from Carlos Martínez de Yrujo, 20 July 1802 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

20 July 1802, Mount Pleasant, near Philadelphia. Informs JM of the exchange of ratifications of the treaty of peace between Spain and Russia.

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


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

Sir,
London 21 July 1802.
The last time we had the honor to address you was on the 29th. April last by the William via New York & copy by the Juno via Philadelphia.
We have by this opportunity transmitted to the Secretary of the Treasury copies of our various half yearly accounts with the United States to the 30 June 1802 viz:

Our Acct. with the United States, Diplomatic fund to which we have made an advance of £1000.— on loan, & the balance of which is transferred to our debit in new acct. in
£ 248.10. 8.

Our dtto. British Treaty Fund the balance of which is transferr’d to our Debit in new acct. in
" 104.16. 1.

Our dtto. Barbary Treaty Fund to which we have made an advance of £2700.— on loan, & the balance of which is transferr’d to our debit in new acct. in
" 278.17. 6.

Our dtto. Fund for the relief & protection of Seamen the balance of which is transferr’d to our debit in new acct. in
"  10. 1. 9.

Our dtto. Fund for the prosecution of claims in Prize causes, balanc’d
—.—.—.

Our dtto. Suspense acct. for articles paid by order of His Excellency Rufus King, without assignment to any of the above accts. to which we have made an advance of £300.— & of which the balance is transferr’d to our debit in new acct. in
" 67. 8.10.

Our dtto. For money advanced by us on loan the amount of which to our Credit is
4000.  .  .

In making these advances we have follow’d the plan agreed on with Mr. King of advancing £1000.— at a time when the accounts were deficient of cash, on the principle that as Bankers to the United States we ought not to be without cash in hand. On this principle we have on the 18th. inst. made a further advance of £1000. on loan to the British Treaty Fund to provide for the payment that day of a quarter’s Salary to C. Gore Esqr. The payment of £500.— to Mr. Trumbull the 5th. commissioner on the 2d. Feby. last is on the receipt of Mr. Moore the Secretary to the board on acct. of the contingent expences & the Salary of the 5th. Commissioner. We have been applied to by Mr. Gore & Mr. Pinkney the two American Commissioners to know if we wou’d advance £375. towards a further payment for the contingent expences & the 5th. Commissioner. On thr. stating that the British Government had advanced its proportion, & that if we did not make this advance the business of the board must Stop, we have consented to make this further deviation from the instructions we had received from the Secretary & shall advance this amount.
We hope in all the instances in which we have deviated from these instructions to make no disbursements beyond the Sums remitted, we shall be justified by the nature of the case & our Knowledge that the articles for which we paid were authoriz’d by law & the services perform’d or at least performing. An additional motive was our inclination to attend to the personal accomodation of the Gentlemen here who would have been much incommoded by not receiving their salaries regularly.
In cases where it wou’d have been presumption in us to have assum’d a judgement whether services had been perform’d, till you or the Secretary of the Treasury provided for them, we have declined making advances desired both by Mr. King & your Consul Mr. Erving.

We are however placed in a Situation of great difficulty & delicacy by not having received any answers from you or the Secretary ⟨of⟩ the Treasury to our various letters, asking for remittances & further instructions, & we are apprehensive that by some means or other our letters do not regularly come under your notice. We will therefore recapitulate the dates of them that you may have them laid before you:
13 Jany. 1802
21 Feby. 1802
13 March 1802
22 dtto.    "
29 April 1802
In this last we stated that our advances in May would Amount to £4102.7.5. including a payment not yet made of £766.15.4. to Mawhood & Co. on the Barbary Treaty Fund, which we suppose that knowing the State of the accts. Mr. King has postpon’d applying to us for.[…] present State of the accts. requires a remittance of […] ⟨a⟩dvances, besides providing for the salaries &a. […], & for such contingencies as Mr. King & Mr. Erving […] pointed out including the £766.15.4. to Mawhood & Co. & the large demands of the Proctors in the Prize causes.
We flatter ourselves that you will fall on some plan to keep us in future in remittance for all these demands, with a fund in hand for unavoidable contingencies, & we are with sentiments of high respect Sir, Your most obedient Servants
Bird Savage & Bird
We are just inform’d that the payment of the £766.15.4 will be wanted.

   RC (DNA: RG 59, Letters Received from Bankers). Docketed by Brent as received 3 Oct., with his note: “Remittances, amounting to 60. or 70.000 Dollars, have been made in the course of this year, of which the receipt is not acknowledged in this letter. Most of this sum must have long since got to hand; and Mr Gallatin is now taking measures for making a further remittance. I have informed Messrs B, S & B of this last Circumstance. DB.” Ms torn by removal of seal.

   Daniel Brent replied on 4 Oct. 1802 (DNA: RG 59, IC, vol. 1), in JM’s absence from Washington, assuring the bankers that “the Secretary of the Treasury will immediately take measures for causing a remittance, of fifty odd thousand dollars, to be made to you” and that “this sum with the others that will have reached you beforehand, will relieve you from the difficulties and perplexities which you state in the many letters quoted in the one of which I … acknowledge the receipt.”


Title: To James Madison from Albert Gallatin, 21 July 1802
From: Gallatin, Albert
To: Madison, James

Dear Sir
New York July 21st 1802
Having neither the law authorizing the Commissrs. on the Georgia business to enquire into the claims of individuals, nor the compromise with Georgia, I cannot frame a satisfactory advertisement till my return which I expect to be before you shall have left the city. But as those documents are not necessary at least to enable me to convey my ideas on the subject of the letter to Gov. Claiborne; and as this does not admit of further delay, I will submit to your consideration what seems to me necessary to be written to him.
The information to be obtained from the Governor relates
1st. to the extent of Territory both on the Mississipi & on the Mobile to which the indian title has been extinguished.
2dly. to the extent of the claims recognized & secured by the compromise with Georgia.
3dly. to the nature & extent of the claims not recognized by that compromise but which may be embraced by Congress & satisfied out of the five millions of Acres reservation.
4thly. to the intrusions on the lands of the U. States, which are not coloured by any claim or title whatever.
On the first & last points, general information only can be expected & he may only be requested to collect & transmit such as it may be in his power to obtain.
The claims secured by the compromise with Georgia are those of persons settled on the lands on the day fixed in the compromise, & who were embraced by the Bourbon County act, or who had complete grants derived from the British Government of West Florida or from the Spanish Government prior to the date of the Treaty of 1795 with Spain. In relation to these the Governor should by public advertisement invite all the claimants to file before 1st. Nover. next, with such county officers as he may designate, the nature & extent of their claim, together with a specification of the original grant under which they claim and of the chain of title as derived to the present claimants from that original grant. And the Governor should transmit to the seat of Government by the time that Congress will meet, the substance of the information thus obtained, and also whatever other on that subject he may obtain. He should be particularly requested to state in his communications to the Dept. of State, in what manner grants were made and completed under both the British & Spanish Governments—this information being essentially necessary in order to enable Congress at their next session to pass a law carrying into effect that part of the compromise & therein designating what shall be considered as a completed grant secured by such compromise. His not being able to give a full statement of the extent of such claims should, by no means, induce him to delay that necessary information concerning their return.
The claims not secured by the compromise, but which may be satisfied by Congress, provided they shall do it at their next session, are 1st. those of the Yazoo companies, or speaking more generally those derived from Georgia subsequent to the Bourbon County act. Of these the Governor should be instructed to take no public notice whatever, as we will do it ourselves in our general advertisement; but he may be desired to communicate whether any steps have been taken by the Agents of those companies towards settling, selling or surveying any part of the land, & particularly whether any tract is now occupied by such claimants. 2dly. those derived under the French Government previous to the peace of 1763. 3dly. those derived under the British Govt. of West Florida or the Spanish Govt. before the treaty of 1795, but where a settlement did not exist on the day specified in the compromise. 4thly. those derived under the Spanish Government by grants made subsequent to the treaty of 1795. The claimants of the three last classes should be also invited to present their claims by 1st Nover. to the Governor that he may transmit the same to Government, and they should be particularly informed that, as their claims are not yet secured like those recognised by the compromise, it is essential, if they mean to avail themselves of the benefit accruing from the five millions of acres reservation, that their claims should be presented without delay. It is possible that the last class is the only one under which claims will be made; it is certainly the only one under which any considerable grants were issued. Although it is clear that they have no colourable foundation, yet policy may dictate a very liberal conduct towards the inhabitants of the Mississipi territory, and the advertisement of the Governor in relation to those claims (not secured by the compromise) should, without committing Government be so framed as not to convey an idea that they are considered as altogether groundless. For the same reason, it is necessary that the Governor should transmit early & full information of the nature & extent of those claims, of the number of persons who will be affected by a decision, and of the general expectations entertained on that subject in the Territory. It has struck me that in relation to that class of claims, which I know to have been a mere speculation carried on by Don Minor & other individuals favorites of the Spanish Governors, a right of pre-emption would be sufficient.
Whilst the attention of the Governor is drawn towards those particular points, he may be desired generally to communicate all the information in his possession relative to the extent of the territory not claimed by the Indians—to the aggregate quantity of land covered by claims secured under the compromise with Georgia—to the aggregate quantity of land covered by any other claims whatever, those derived from Georgia only excepted—to the nature of claims to land in the territory of every description.
It will be necessary in order to give him a full view of the subject, that copies should be enclosed to him—of the section of the law which authorizes the Commissioners to enquire into individual claims—of the compromise with Georgia now binding on both parties—and of the Bourbon County Act. This last you will find in the Georgia digest of laws & is no otherwise necessary than as the titles therein recognized are secured by the compromise. I do not recollect precisely its provisions, but think it includes some settlers whose claims might not be derived from Spain & may not have been completed, perhaps also those, if any such do exist, who had claims under the old French Government. It will be necessary for you to read the law before you write to the Governor, as you may thereby be better enabled to describe the several species of claims secured by the compromise.
I do not recollect any other thing material on the subject: only when requesting information from the Governor on the nature of the claims, he might be particularly desired to state whether there are any public records of the grants made, and in that case to transmit such extracts from these as may be necessary. Your’s
Albert Gallatin
P. S. As I contemplate two advertisements by the Governor, or an advertisement to two different descriptions of claimants, it may be necessary to designate with precision the distinction; and for want of the Bourbon County act, I cannot well do it. My idea is to describe those secured by the compromise, in the words of the compromise, substituting only to the general expressions of, “recognized by the Bourbon County act” the description of claims, recognized by that Act, which are not included within the other classes secured by the compromise—and, as to claims not secured by the compromise, to embrace them under the general words of “all other claims not derived from Georgia” intending to exclude by the word “other” those which are secured by the compromise & by those “derived from Georgia”—the Yazoo grants.
A. G.

   RC (DLC). Docketed by JM.

   JM and his family left Washington on or about 1 Aug. 1802 (see JM to Jefferson, 30 July and 11 Aug. 1802).

   See JM to William C. C. Claiborne, 26 July 1802.

   The 1785 act for laying out Bourbon County, Georgia, reserved land “by right of preference,” in the absence of a land office, “to any, all, and any honest and friendly possessor and possessors of the said Lands” who were U.S. citizens or friendly aliens, provided “such persons do actually live on and cultivate the said lands” (Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:180).

   For Stephen Minor, see Andrew Ellicott to JM, 29 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:347, 349 n. 5).

   See JM and others to Jefferson, 26 Apr. 1802, and n. 1.


Title: To James Madison from George W. Erving, 21 July 1802 (Abstract)
From: Erving, George W.
To: Madison, James

21 July 1802, American Consulate, London. Acknowledges receipt of his consular commission and returns his bond. Encloses his account as consul and as agent for the relief and protection of seamen from the time of Lenox’s resignation to 30 June. The balance due him is £186 14s. 5½d. sterling. King refused his application for reimbursement of this amount on the grounds that “he has no longer any controul over our Funds enabling him to provide for the disbursements of this Agency.” Bird, Savage, and Bird have also declined, “for the reason set forth in their letter, a Copy of which is inclosed.” Also encloses his account to 30 June as agent for claims and appeals, with the amount due to the U.S. of £52 17s. 4d., and his spoliation account with Bird, Savage, and Bird. A bill for £175 will be debited to that account when paid. The proctors are uneasy about payment; his funds are, and will be, inadequate to satisfy them. Encloses a letter from Slade on this subject. The ratifications of the convention were exchanged on 15 July, “since when I have concluded to forward no more Processes to the West Indies; nor to extract any where there is not a prospect of receiving immediate payment; for the Expences of serving them are very considerable.” The board is now “proceeding in their business with much more dispatch” than anticipated; will forward list of decisions when they begin to make awards. “I herewith also inclose a List of th⟨e⟩ Ships of which the Masters have reported to me on their arrival, and lament that it is … absolutely impossible to obtain such a Statement as is desired without some strong legal controul over the Masters.”

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 5 pp.; in a clerk’s hand, signed by Erving; docketed by Brent as received 23 Sept. Surviving enclosures are copies of Robert Slade to Erving, 12 July 1802 (3 pp.), enclosing a copy of his 18 July 1801 letter to Samuel Williams (4 pp.) and complaining that his accounts as a proctor employed in prosecuting American appeals had never been settled; and Bird, Savage, and Bird to Erving, 16 July 1802 (2 pp.), stating that the bankers could not reimburse Erving for his accounts “without funds in hand thereto specially appropriated.”

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


Title: To James Madison from Joshua Gilpin, 21 July 1802 (Abstract)
From: Gilpin, Joshua
To: Madison, James

21 July 1802, Philadelphia. Wishes to make a recommendation for the post of consul at Barcelona. “The recess of Congress prevents my addressing you thro the introduction of many of my friends who attend there.” Refers JM to his uncle George Gilpin of Alexandria and his friends William Thornton and Dolley Madison for personal references. “The application I wish to make is, for Mr Joseph Teasdale, (now Mr Joseph Burn) having within a short time past changed his name by Act of Parliament in order to inherit an estate in England of which he is a native.” Teasdale, a young man about twenty-seven years old, “has long resided at Barcelona & has conducted business there with uncommon propriety, especially American business, of which he has transacted more than any other house during the War: he has resided in Spain as an American Citizen which I beleive he is entitled to, but I am ignorant whether by residing in the United States or no.” Suggests that Teasdale’s services would be valuable “in a city remote as Barcelona, where few reside who possess such a knowledge of American manners, & its language.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Teasdale”). 3 pp. Joshua Gilpin (1765–1841) was a director of the Chesapeake and Delaware Canal Company, 1803–24, and a member of the American Philosophical Society (Van Horne, Papers of Benjamin Henry Latrobe, 1:319 n. 1). George Gilpin (1740–1813) was an Alexandria merchant and active member of the Potomac Company (Jackson and Twohig, Diaries of George Washington, 4:141).


Title: From James Madison to Albert Gallatin, 22 July 1802
From: Madison, James
To: Gallatin, Albert

Dear Sir
Washington July 22. 1802
It has been concluded by the Secy. of the Navy that the public ship the General Greene, can be advantageously sent with the provisions intended for the squadron in the Mediterranean, and the gun carriages promised to the Emperor of Morocco. I have proposed to the President by a letter of this date that 30,000. dollars be tendered, by this opportunity, to the Dey of Algiers, who will be entitled on the fifth of Sepr. to an annual remittance of tribute. Should the President sanction the measure, he will let you know it. In the mean time you will be so good as to take preparatory steps for having the money delivered according to the order of the Secy. of the Navy. The ship will sail in about 20 days from this place, & will take on the provisions at Norfolk. The money therefore may be delivered either here or at Norfolk as may be most convenient. If equally convenient at this place, it will perhaps be preferable. On this subject you will of course correspond with the Secy. of the Navy.
The President left us yesterday for Monticello. It will be 5 or 6 days before I follow him. Yrs. respectfully & affey.
James Madison

   RC (NHi: Gallatin Papers). Addressed by JM to Gallatin in New York.

   Jefferson directed Gallatin to “take such measures as may be necessary, in conjunction with the Secretary of State, for remitting that sum to Algiers” (Jefferson to Gallatin, 28 July 1802 [ibid.]).


Title: From James Madison to Thomas Jefferson, 22 July 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Washington July 22. 1802
On consultation with the Secretary of the Navy, it has been concluded that the public service will be favored by sending the ship the General Greene, with the provisions & gun-carriages destined for the Mediterranean, instead of chartering a private vessel for the occasion. It has occurred also that as the period at which an annual remittance to Algiers will become due, will arrive before the ship will get to that place, it may be found proper that another thirty thousand dollars should be sent as an experimental measure for avoiding the stipulated & expensive tribute of Stores. Should the substitute be accepted, it will be a saving to the U. States. Should it be rejected, time will be gained for the other remittance. I have written to Mr. Gallatin on the subject, and requested him to make preparation for having the money ready in case your approbation should be signified to him. You will recollect no doubt that if a letter from you to the Emperor of Morocco, should be decided on, as a companion to the Gun carriages, it must be forwarded in time for the sailing of the Ship. May I ask the favor of you to leave it open for the perusal of Mr. Sampson, that it may serve as an explanation & instruction to him in the case. The ship will probably sail from this place in about 20 days from this date.
I observe in the papers that one of the Commissrs. of Bankruptcy for Philada. has been taken off by the fever. I have not heard lately from Mr. Wagner, but think it not improbable that the vacancy will attract the attention of himself & his friends, and that it may be properly bestowed on him, if no particular claim to it be in the way. With the most respectful attachment I remain Dr. Sir Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 25 July.

   The death notice of John Vancleve was printed in the Philadelphia Aurora General Advertiser, 20 July 1802.


Title: To James Madison from Jacob Wagner, 22 July 1802
From: Wagner, Jacob
To: Madison, James

Dear Sir
Philada. 22 July 1802
A relapse of my complaint prevented me from sooner rendering my best thanks for the favor of your last and expressing my sensibility at the obliging expressions it contains.
The habits I have contracted by a long employment in the Department of State and the additional attachment produced by the personal qualities of its head, made my retirement a painful event to myself: and could I anticipate such a stability of health, arriving within a reasonable time, as would enable me to resume my functions, I would not hesitate to promise a return. I flatter myself however that I shall have it in my power to visit the City of Washington at the meeting of Congress, and to render some assistance to my former colleagues in the pressure of business it will occasion. In the mean time I cannot expect my salary to continue while I am not performing the duties it requires. With the highest respect & esteem I have the honor to remain, Dr sir, Your most obed. servt.
Jacob Wagner

   RC (DLC). Docketed by JM.

   Letter not found.

   The account listing salaries paid to State Department personnel for the quarter ending 30 Sept. 1802, dated 8 Oct. 1802, shows no payment to Wagner for the period (DNA: RG 217, First Auditor’s Accounts, no. 13,827).


Title: To James Madison from Samuel Brown, 22 July 1802 (Abstract)
From: Brown, Samuel
To: Madison, James

22 July 1802, Boston. Has received JM’s letter of 12 July [not found] with appointment as commissioner of bankruptcy for the district of Massachusetts but declines, “as the attention to be given to my existing engagements does not admit of my devoting the portion of time which appears to be requisite.”

   RC (DNA: RG 59, LRD, 1789–1827, filed under “Brown”). 1 p.; docketed by Brent as received 31 July.


Title: To James Madison from Jacob Crowninshield, 22 July 1802 (Abstract)
From: Crowninshield, Jacob
To: Madison, James

22 July 1802, Salem. Acknowledges JM’s letter of 12 July [not found] enclosing a commission for him as a commissioner of bankruptcy for the district of Massachusetts. Regrets he cannot accept the office owing to pressing commercial business that would make it “extremely inconvenient.”

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