Title: To James Madison from Sylvanus Bourne, 13 April 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

13 April 1803, Baltimore. “As I expect to leave this for Boston in course of ten days, I think it proper to give you this information in order that you may direct the Documents I am to receive from your Department to be prepared (if convenient) prior to that period.” Will probably embark for Europe from Boston but cannot yet fix the precise time. Should it be material for JM to know the date, he will advise JM of it when he decides.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p. Docketed by Wagner. Bourne did not return to Europe until October (Bourne to JM, 18 Oct. 1803 [ibid.]).

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


Title: To James Madison from J. Lewis, 13 April 1803 (Abstract)
From: Lewis, J.
To: Madison, James

13 April 1803, New York. Acknowledges JM’s “polite letter” of 5 Mar. [not found]. Thanks JM for the offer it contained. “It wou’d have been very acceptable to me, if it had been made a few days sooner, I am now determined on going upon the waters of the Misisippi, have made my arrangements accordly &. shall depart In all the present Month.” Offers his services “in that Quarter.”

   RC (DLC). 1 p.


Title: From James Madison to William Bingham, 14 April 1803
From: Madison, James
To: Bingham, William

Sir,
Department of State 14. April 1803.
Your two letters respecting the Brig Hope, for the proceeds of whose cargo certain persons in Massachusetts have obtained a judgment against you, have been referred to the Attorney General: but his present opinion is in unison with the former that the United States are under no engagement to indemnify you from the effects of that judgment. Even did such an obligation exist, as no legal provision has been made for carrying it into effect, the recourse to Congress was inevitable; and that your agents and not the Executive should be the channel of it, was prescribed by the sentiments of the Attorney General on the case. Every information and document respecting it which they may judge useful in enforcing their representations will be cheerfully rendered to them on application.
Agreeably to your request I enclose a certified copy of the Marquis de Bouille’s certificate. I am &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosure not found.

   See Levi Lincoln to JM, 18 Mar. 1803.

   See Bingham to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:571–72).


Title: From James Madison to William Eaton, 14 April 1803
From: Madison, James
To: Eaton, William

Sir,
Department of State April 14. 1803.
I have received your several letters of the 5. 7 & 9th. August 12th. September 9. 13 & 22d. October, 9 & 12th Novr. 13 & 20th. Decr. 1802.
The Dey of Algiers having urged several objections to receiving Mr. Cathcart as Consul in the room of Mr. OBrien, the President has determined to appoint another; thus yielding to the usage, which admits of the refusal of a Consul for reasons peculiar to the person offered. This event has admitted of a compliance with your several intimations of a wish to be relieved from your station at Tunis, and Mr. Cathcart is appointed to succeed you.
From a persuasion of the effect you may give to the commencement of this mission as well as your dispositions towards Mr. Cathcart, I assure myself that you will prepare the Regency for his reception in the most favorable manner and afford every aid and explanation, which may tend to secure the interests of the United States and promote the objects with which he is charged.
I have only to add, that as your pecuniary transactions have been spread over a number of years, the easy settlement of your accounts, which you will of course present on your return, will perhaps depend much upon your providing yourself with accurate documents before you leave the coast of Barbary. With much respect, I am Sir, Your Obedt. Servt.
James Madison
P. S. Mr Cathcart is possessed of a letter from the President in answer to that in which the Bey of Tunis makes the demand of a frigate. The Bey is therein referred for certain testimonies of our good will, to your successor, who will be provided with instructions accordingly they were not transmitted to you, because as we wish the Bey to consider their object, when explained, as a gratuitous concession, it is desirable that your successor should have the benefit of the good humour it ought to produce in th⟨e mind⟩ of the Bey towards him as the instrument of ⟨mak⟩ing it.

   RC (TxU); letterbook copy (DNA: RG 59, IC, vol. 1); Tr (CSmH). RC in a clerk’s hand, signed by JM. Addressed to Eaton at Tunis, “Pr. Sh Vigilant Capt. Crafts—Care Am. Consul at Gibraltar.” Docketed by Eaton, “Recd. at Brimfield Nov. 29th. 1803.” Damaged by removal of seal.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:456–57, 461–63, 465–66, 574–77.

   See JM to Cathcart, 9 Apr. 1803, n. 4.


Title: From James Madison to J. H. C. Heineken, 14 April 1803
From: Madison, James
To: Heineken, J. H. C.

Sir,
Department of State 14. April 1803
I have the honor to acknowledge the receipt of your letter of the 8th. of the present month stating that the Batavian East India Company were injured by the conduct of two citizens of the United States, one of whom has embezzelled a cargo belonging to them and the other departed from Batavia leaving considerable debts behind. The facilities afforded by the East India company to the American trade give them a peculiar title to the justice of our laws, whensoever those individuals shall be found within their cognizance, and you [may] be assured that the government will omit no step, which may depend upon them, to insure to your Constituents the full benefit of the legal remedies appropriate to their case, should there be occasion for such interposition. I have the honor to be &ca.
James Madison.

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

   Letter not found.

   Heineken (also spelled Heineken) was the commercial agent for the Batavian Republic in Philadelphia (Robinson, Philadelphia Directory for 1803 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 4858], p. 116).


Title: From James Madison to David Humphreys, 14 April 1803
From: Madison, James
To: Humphreys, David

Sir,
Department of State 14. April 1803.
I have received your letters of the 29th. Ult and 4th. Inst. and the letters and accounts of Messrs. John Bulkeley & Son, which it enclosed. The latter have been adjusted at the Treasury, and 37.841 Milrees found due which will be remitted thro’ London to those Gentlemen of which in due time, they may expect to hear from the Bankers of the Treasury Department at that place.
From a change, which has taken place some time since, the accounts formerly settled at [this?] Department are transferred to the Treasury under new forms and arrangements: but as some co-operation of the former Department is necessary to facilitate the adjustment of those which grew up before the change, it is intended to investigate here the arrearages coming within the denomination last mentioned: in particular it is understood that the monies expended on Barbary negotiations generally remain unliquidated on the Treasury Books. The sums disbursed for that object are exhibited in the enclosed pamphlet. Having been Commissioner for conducting those negotiations, it is presumed that you can trace with facility the channels in which much of the money reached its final expenditure and designate the accountable persons.
As soon therefore as your leisure will conveniently permit, I will thank you to give me such elucidations as will contribute to promote the purpose in view.
As the occasion suggests the intimation, I will also take leave to mention, that your Diplomatic accounts altho’ they have probably been all duly rendered have not been settled. I have the honor to be &ca.
James Madison.

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

   JM may have enclosed a copy of Message from the President of the United States, Transmitting Sundry Documents Relative to the Transactions of the United States with the Barbary Powers (Washington, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 3363). The same documents are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:368–81, where report “(Z),” omitted from the pamphlet, is included.


Title: Memorandum to Thomas Jefferson, [14 April] 1803
From: Madison, James
To: Jefferson, Thomas

[14 April 1803]

1t. Quer. if the laws give any authority at present beyond the limits of the U. S?
2 “This Mission having reference to the Commerce”—may repell, more than the expression used, the criticism of illicit principal objects of the measure.
3 “including the fish”
4. if practicable he might note occasionally the variations of the Needle.

   RC (DLC: Jefferson Papers). Undated. Docketed by Jefferson, “Apr. 14. 1803. / mr. Madison’s notes on the instrns. to Capt. Lewis.” Although Jefferson’s final instructions to Meriwether Lewis regarding the forthcoming expedition to explore the West were dated 20 June 1803, he enclosed a draft, which he had shown to others besides JM, in a 27 Apr. 1803 letter to Lewis (Donald Jackson, ed., Letters of the Lewis and Clark Expedition, with Related Documents, 1783–1854 [Urbana, Ill., 1962], pp. 32–34, 34–36, 44, 61–66).


Title: From James Madison to Robert Purviance, 15 April 1803
From: Madison, James
To: Purviance, Robert

Sir.
Department of State Washington 15th. April 1803.
I have received your letter of the 12th inst. respecting the communication made to you by the Consul at London, that Captain Lewis of the ship Birmingham left two destitute seamen behind, whom he was directed to take on board and transport to the United States according to law. If the dispositions of Captain Lewis and one of the seamen of the vessel furnished a less satisfactory exculpation, yet under the late law upon the subject, the proof necessary to maintain actions against masters of vessels in like cases is so difficult that it would not be adviseable to institute one in the present instance. You may therefore pass it over, especially as the law lately passed will effect a diminution in the frequency of the offence to ensure its punishment. I am, Sir, &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Addressed to Purviance as collector at Baltimore.

   Letter not found.

   Section 7 of the 14 Apr. 1792 “Act concerning Consuls and Vice-Consuls,” which empowered consuls to require captains to transport to the U.S., at their own expense, two abandoned seamen for every one hundred tons burden per vessel under pain of a $30 fine, had been repealed by section 4 of the 28 Feb. 1803 “Act supplementary to the ‘act concerning Consuls and Vice-Consuls,’” which allowed for payment of up to $10 per seaman transported and raised the fine to $100 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:256, 2:204).


Title: To James Madison from James Monroe, 15 April 1803
From: Monroe, James
To: Madison, James

Triplicate no. 2.
Sir
Paris April 15th. 1803.
I informed you from Havre on the 9th. of my arrival there the day before, and that I should set out the day after for Paris. On the 12th. I arrived here, and on the 13th. was announced by Mr. Livingston to the Minister of foreign Relations, who received me yesterday in a Manner which was perfectly satisfactory. He said that the first Consul was much gratified by the disposition which our Government had shewn, in the Circumstances which produced the present Mission, and had also expressed himself in Terms very favorable to my Colleague and myself: he promised to see him that Evening and endeavour to fix the Time when I should be presented to him. No Minister has yet been presented except at public audiences, which are monthly. If I am held to that Rule it will not take place ’till the 5th. of next month. He observed however that a person would be designated to treat with us, with whom we might communicate before I was presented.
I heard on my arrival that General Bernadote who had been appointed sometime before Minister to the United States, had been ordered on the

   Note.

   A. The Government received its dispatches by the Mail on the 9th.; it might have received them by an extra Courier early in the day. The order for the Departure of General Bernadotte was given on Sunday, which was the 10th.; By reference to dates, on a comparison of the French and American Calendars I had supposed it was the 11th. I wish that Error to be corrected in the original and duplicates already sent.

10th to sit out immediately on his Mission. As my arrival at Havre was known here on the 9th., it might be inferred that this order was given in consequence of it. In this I was confirmed by General La Fayette who informed me that he had apprised Genl: Bernadotte of my Arrival at Havre—that I was expected here on that day; and that he had entreated him to wait until I came. So peremptory, however, were the orders for his departure, that altho’ he expressed a desire to see me, and knew that I had actually arrived before he left Paris, he could not delay it a few hours only for that purpose. I was inclined to suspect that this measure proceeded from a desire to evade a negotiation here, since it might be said, when we pressed the Government to enter into one, that General Bernadotte was sent on that Business to the United States. The menacing aspect of a war with Britain made this the more presumeable, since if they were not disposed to meet our views, it might furnish a motive for seeking a plausible pretext for procrastination. General Bernadotte it is said considers himself sent with power to adjust this affair with us, which Idea is countenanced by a communication from the Minister of foreign Relations to Mr. Livingston, of which you have doubtless a Copy, in which he states that the first Consul had resolved to send a Minister to the United States to obtain Information relative to all points connected with Louisiana. It has since been represented to me that General Bernadotte is unfriendly to the present order of things here, and that his Mission, whatever may be the light in which it appears to him, is nevertheless nothing more than an honorable Exile. Mr. Petree, his Secretary is, I understand, still here waiting, I presume, his final Instructions.
It is said that this Government has resolved to offer us by sale the whole of Louisiana. This was intimated by Mr. Marbois to Mr. Livingston the day after my arrival, and to me since thro’ another Channel, as that the decision was formed at St: Could [sic], the day on which General Bernadotte was ordered to sit out for the United States. It was intimated by the former that the first Consul estimated the Territory at about 120 Millions of Livres, 20 of which or near that Sum being due our Citizens, would of course be paid to them. On being urged to state the lowest terms they would probably take, he said, they might possibly be brought to accept 60—with the payment of the debt due our Citizens. As this communication took place between Mr. Livingston and Mr. Marbois the day after my arrival here, it was doubtless produced by the decision at St: Could [sic] already mentioned.
I am sorry to say that it is still impossible for me to ascertain with any Certainty the views of this Government towards us. By the above facts, some of which are of doubtful aspect, you will be able to form some estimate of them. It may be its Intention to amuse us while the Crisis with England is suspended. My Colleague has been strongly impressed with this opinion, and has urged as a Motive for his holding communications with Marbois before I was presented, a fact which was important, that the decision of France relative to the question with England most probably depended, on the return of a Courier from Petersburg, who had been sent to obtain the decision of the Russian Cabinet on some important point, and who was expected back in about a fortnight. If it is their Intention to meet us fairly, the door is open and it may be soon done: if they mean to amuse us, that intention will soon be seen thro’, of which you shall be informed in due time. Much light will be thrown on the Subject by the arrival of General Bernadotte, since the Extent of his Powers and the object of his Mission will be immediately unfolded to you. If the Intention of this Government remains equivocal for any length of time, it will rest with the President to decide the part it belongs to him to take in such a Conjuncture. I shall endeavor to act in such a manner as while I give full force to the tone which the State of things in America, and the views of the Government impose on my Mission, will cause no offence and afford no pretext to our Enemies, if we have any; to impute an unfavorable result, should it occur, either to the Government or myself. I am with great Respect and Esteem, yr. Most Obt: Servt:
Jas. Monroe

   RC (DNA: RG 59, DD, France, vol. 8); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed by Monroe. Docketed by Wagner as received 2 Sept. The letterbook copy includes five notes, the second of which is the same as note A here; the other notes refer to related correspondence and meetings.

   In the letterbook copy, and presumably in the missing original and duplicate copies of the RC, this date is given as “the 11th.”

   The letterbook copy has “10th.” here.

   On the same date, Monroe drafted a private letter to JM, of which John Mercer made a copy, complaining of Livingston’s conduct in continuing to press for the sale of New Orleans and the Floridas after being informed of Monroe’s mission. Monroe expressed his anxiety over having to choose between acting according to strict diplomatic etiquette and taking the opportunity to negotiate which had presented itself. He particularly wished to avoid exposing himself and the administration “to the charge of having lost by the measure taken, a brilliant opportunity of securing all our objects here” (DLC: Monroe Papers; printed in Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:9–12). On the verso of the draft is Monroe’s notation: “not sent—communicating incidents relating to Mr Livingston—with a copy by Col: Mercer. This is very full, as to mr L’s conduct, on my arrival.”


Title: From James Madison to Robert Gilmor, 15 April 1803 (Abstract)
From: Madison, James
To: Gilmor, Robert

15 April 1803, Department of State, Washington. “Agreeably to your request, I enclose the answer to Mr. Bingham’s letters respecting the judgment obtained against him in Massachusetts by the owners of the Pilgrim privateer.”

   RC (Bibliothèque Municipale, Nantes); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p. In Wagner’s hand, signed by JM. The enclosure was probably JM to William Bingham, 14 Apr. 1803.

   Robert Gilmor (1748–1822) was a wealthy Baltimore merchant who had been Bingham’s business partner for many years. He was entrusted by Bingham with the management of his funds on Bingham’s departure for England in 1801 (Alberts, Golden Voyage, pp. 114, 415; “The Diary of Robert Gilmor,” Md. Historical Magazine, 17 [1922]: 231).


Title: To James Madison from Richard Harrison, 15 April 1803 (Abstract)
From: Harrison, Richard
To: Madison, James

15 April 1803. Requests the dates of the commencement and termination of Moses Young’s services as secretary to the U.S. minister at Madrid and asks what, if any, allowances are to be made to him for contingent expenses, including compensation for a translator. “The inclosed Accot. [not found] exhibited by Mr. Beckley will shew, the Amot. claimed under each head by Mr. Young himself.”

   RC (DNA: RG 59, ML). 1 p. Docketed by Wagner. For Young’s account, see Pinckney to JM, 10 Oct. 1802, and nn. 1 and 10.


Title: To James Madison from John Stevens, 15 April 1803
From: Stevens, John
To: Madison, James

Letter not found. 15 April 1803. Mentioned in William Thornton to Stevens, 29 Apr. 1803 (listed in the preliminary volume of Calendar of the Stevens Family Papers [Newark, N.J., 1940], item 244), as dealing with Stevens’s boiler invention. In 1996 the New Jersey Historical Society was unable to locate Thornton’s letter. On 11 Apr. 1803 a patent for “a new and useful improvement In producing Steam” had been granted to Stevens (NjHi: Stevens Papers).


Title: To James Madison from Seth Lewis, 16 April 1803 (Abstract)
From: Lewis, Seth
To: Madison, James

16 April 1803, Natchez. Has determined to resign as chief justice of the Mississippi Territory as of 15 May. Asks JM to convey this to the president and to acknowledge receipt of this letter “as early as possible.”

   RC (DNA: RG 59, LRD, filed under “Lewis”). 1 p. Docketed by Jefferson. Printed in Carter, Territorial Papers, Mississippi, 5:215.


Title: To James Madison from Robert R. Livingston, 17 April 1803
From: Livingston, Robert R.
To: Madison, James

(No 75)
Dear Sir
Paris 17 April 1803.
Mr. Petry having been detained, I have an opportunity to give you a relation of what has passed Since my letter of the 13th. On the 14th I called upon Mr Munroe to present him to the Minister who had upon my application fixed 3 O’clock that day for his reception. Before we went we examined our Commission in which there are two circumstances with which I am not quite Satisfied—one indeed of little moment because it only respects me personally, & the other very important as it may if things Should take a turn favorable to France defeat all we may do even at the moment of signature. The first is that I have not the Same rank in the Commission with Mr Munroe. It is important that I Should be thought to Stand as well with our Government as any other person. If So, my age & the Stations I have held entitled me not to have had any person placed above me in the line I fill. The second is that the commission contains powers only to treat for lands on the east side of the Mississippi. You will recollect that I had been long preparing this Government to yield us the country above the arkansas, because I Saw the effect of their holding & giving encouragement to settle it would draw off a prodigious population from our side of the river and form such a connection between the inhabitants of the western country and these new settlers who would be their relations and friends as would be extremely dangerous. In my private negotiations with Joseph Bonaparte I had urged every reason that I could think of to induce them to give us the country and those reasons have had their effect. I am therefore surprised that our commission should have entirely lost sight of that object. Mr Munroe however agrees with me that we will proceed as well as we can & as we left no copy of the commission it may possibly escape unnoticed tho it will doubly damn us if our negotiation should not please at home. It is absolutely necessary my dear Sir, to repose confidence in Ministers who are placed So far from the Seat of Government you will recollect that I have been absolutely without powers to the present moment & that tho’ I have hazarded many things upon a presumption that I Should have them none have been received till now and now they are unfortunately too limited.
But to proceed, on waiting upon the Minister we found Mr Marbois there who told me that he had come to communicate to the Minister what had passed between us, & that he greatly regretted the not being able to bring us to Such an offer as he might mention to the first Consul I told him that it was unnecessary to repeat what would compel us to limit our offers to a much more moderate Sum as I had already detailed them at large, & he knew they exceeded our means. We were very graciously received by the Minister whom I pressed to obtain as early a day as possible for the reception of Mr Munroe as time pressed & we were anxious to conclude our business for reasons arising out of the present disturbed State of America. He told me he would Speak to the First Consul that night on the Subject, & that he hoped Some person would be appointed to treat with us even before Mr Munroe was presented. After a little general conversation, we took leave in expectation that Mr Munroe would be presented, this day (Sunday) being a day of reception for the civil officers of the Government. The next day, Mr Munroe & myself after Spending Some time in consultation determined to offer fifty millions including our debts but presumed it would be best only to mention forty in the first instance. This I accordingly did in a conference I had the 15th with Mr Marbois. He expressed great Sorrow that we could not go beyond that Sum because he was Sure that it would not be accepted & that perhaps the whole business would be defeated which he the more feared as he had just received a note from the Minister, indicative of the Consul’s not being quite pleased that he had So greatly lowered his original proposition. He Said that he Saw our Situation & he knew that there was a point beyond which we could not go with Safety to ourselves or the President; but he wished us to advance to that point. He said that he would if I wished go that very day to St Cloud, & let me know the result. I reminded him of the Consuls promise to pay the debt I placed in the Strongest light his personal obligation on this Subject, & desired him to urge it as an additional reason to conclude an agre[e]ment which would facilitate the means of doing it. The next morning which was yesterday, I again called to See him he told me that he had been to St Cloud that the Consul received his proposition very coldly & that I might consider the business as no longer in his hands Since he had given him no further powers—that he had urged the Consul’s promise relative to the debt which he admitted but Said at the Same time—he did not think it had exceeded 3 millions tho my letter expressly mentioned 20. He expressed great Sorrow upon the occasion & advised me to press Mr Talleyrand to present Mr Munroe the next day (that is this day) that he hoped that if the Consul Saw me, as he had a very particular esteem for me, that he would renew the Subject with me himself.
I went to fetch Mr Munroe & carried him to the Minister who had not returned from St Cloud, & afterwards went again but could not See him. I dined with the 2d Consul yesterday & in the evening Mr Marbois came in. I took him aside & asked him if any thing further had passed. He Said not, but that as he was to go to St Cloud the next day, it was possible that the consul might touch upon the Subject again & that if he did it not, I might consider the Plan as relinquished & that if I had any further proposition to make it would be well to State it. I then told him that on further conversation with Mr Munroe we had resolved to go the greatest possible length & that we would give fifty millions. He Said he had very little hopes that any thing Short of his propositions would Succeed, but that he would make the best use of the arguments I had furnished him with if an opportunity was offered; if nothing was done the next day I might conclude that the Consul had changed his Sentiments—that having given the Kingdom of Etruria whose revenues were 25.000000₶ in exchange for this country it was natural that the first Consul Should estimate it beyond its real value.
Thus we Stand at present resolving to rest a few days upon our oars. In the mean time I Shall press the payment of the debt as an excitement to forward the other business. No notice has been given for Mr Munroe’s reception & I am not without my fears that he will not be received before the usual diplomatic day which will not be till the 15th & before that time the Consul will probably go upon his tour to flanders. Mr Munroe having been compelled when here to be well with the party then uppermost and who are detested by the present rulers it will be some time before they know how to estimate his worth & Talleyrand has I find imbibed personal prejudice against him that will induce him to throw every possible obstruction in his way that he can do consistently with their own views. I Shall attend to the other Subjects of your letter at the first moment of leisure. At present I think it would be improper to touch upon lesser matter which may either divert the attention or irritate. I am Sorry you have not thought it proper to attend to my request as to the Italian Republic—it has I believe been acknowledged by all the powers of Europe except great Britain. Comps. that cost nothing Should I think always be paid w[h]ere you have points to carry. Be So obliging in answering my letters as to notice any project I throw out, because it is not enough to have them passed over in Silence as that leaves me in doubt whereas the approbation or rejection of them precisely would inform me of your Sentiments & enable to act accordingly. I am Dear Sir, with much esteem & respect Your most Obt hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC marked “Duplicate.” In a clerk’s hand, signed by Livingston. Docketed by Wagner as received 14 July. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly by JM. Draft marked “private & confidential” by Livingston. A note on the letterbook copy indicates that the letter was carried by Petry.

   See Livingston to JM, 18 Feb. 1803.


Title: From James Madison to Robert R. Livingston and James Monroe, 18 April 1803
From: Madison, James
To: Linvingston, Robert R.,Monroe, James

Gentlemen
Washington, Department of State, April 18th 1803.
A month having elapsed since the departure of M Monroe it may be presumed that by the time this reaches you communications will have passed with the French government sufficiently explaining its views towards the United States and preparing the way for the ulterior instructions which the President thinks proper should now be given.
In case a conventional arrangement with France should have resulted from the negotiations with which you are charged; or in case such should not have been the result; but no doubt should be left that the French government means to respect duly our rights and to cultivate sincerely peace and friendship with the United States it will be expedient for you to make such communication to the British government as will assure it that nothing has been done inconsistent with our good faith and as will prevent a diminution of the good understanding which subsists between the two countries.
If the French government instead of friendly arrangements or views should be found to meditate hostilities or to have formed projects which constrain the United States to resort to hostilities such communications are then to be held with the British government as will sound its dispositions and invite its concurrence in the war. Your own prudence will suggest that the communications be so made as on one hand not to precipitate France into hostile operations; and on the other not to lead Great Britain from the supposition that war depends on the choice of the United States and that their choice of war will depend on her participation in it. If war is to be the result it is manifestly desirable that it be delayed until the certainty of this result can be known and the legislative and other provisions can be made here; and also of great importance that the certainty should not be known to Great Britain who might take advantage of the posture of things to press on the United States disagreeable conditions of her entering into the war.
It will probably be most convenient in exchanging ideas with the British government to make use of its public minister at Paris; as less likely to alarm and stimulate the French government and to raise the pretensions of the British government than the repairing of either of you to London; which might be viewed by both as a signal of rupture. The latter course however may possibly be rendered most eligible by the pressure of the crisis.
Notwithstanding the just repugnance of this country to a coalition of any sort with the belligerent politics of Europe the advantages to be derived from the cooperation of Great Britain in a war of the United States at this period against France and her allies are too obvious and too important to be renounced. And notwithstanding the apparent disinclination of the British councils to a renewal of hostilities with France it will probably yeild to the various motives which will be felt to have the United States in the scale of Britain against France and particularly for the immediate purpose of defeating a project of the latter which has evidently created much solicitude in the British government.
The price which she may attach to her cooperation cannot be foreseen and therefore cannot be the subject of full and precise instructions. It may be expected that she will insist at least on a stipulation that neither of the parties shall make peace or truce without the consent of the other; and as such an article cannot be deemed unreasonable and will secure us against the possibility of her being [detached] in the course of the war by seducing overtures from France it will not be proper to raise difficulties on that account. It may be useful however to draw from her a definition as far as the case will admit of the objects contemplated by her that whenever with ours they may be attainable by peace she may be duly pressed to listen to it. Such an explanation will be the more reasonable as the objects of the United States will be so fair and so well known.
It is equally probable that a stipulation of commercial advantages in the Mississippi beyond those secured by existing treaty will be required. On this point it may be answered at once that Great Britain shall enjoy a free trade with all the ports to be acquired by the United States on the terms allowed to the most favored nation in the ports generally of the United States. If made an essential condition you may admit that in the ports to be acquired within the Mississippi the trade of her subjects shall be on the same footing for a term of about ten years with that of our own citizens. But the United States are not to be bound to the exclusion of the trade of any particular nations or nation.
Should a mutual guaranty of the existing possessions or of the conquests to be made by the parties be proposed it must be explicitly rejected as of no value to the United States and as entangling them in the frequent wars of that nation with other powers and very possibly in disputes with that nation itself.
The anxiety which Great Britain has shown to extend her domain to the Mississippi the uncertain extent of her claims from north to south beyond the western limits of the United States and the attention which she has paid to the northwest coast of America make it probable that she will connect with a war on this occasion a pretension to the acquisition of the country on the west side of the Mississippi understood to be ceded by Spain to France; or at least of that portion of it lying between that river and the Missoury. The evils involved in such an extension of her possessions in our neighborhood and in such a hold on the Mississippi are obvious. The acquisition is the more objectionable as it would be extremely displeasing to our western citizens; and as its evident bearing on South America might be expected to arouse all the jealousies of France and Spain and to prolong the war on which the event would depend. Should this pretension therefore be pressed it must be resisted as altogether repugnant to the sentiments and the sound policy of the United States. But it may be agreed in alleviation of any disappointment of Great Britain that France shall not be allowed to retain or acquire any part of the territory from which she herself would be precluded.
The moment the prospect of war shall acquire [sic] the precaution you will not omit to give confidential notice to our public ministers and consuls and to our naval commanders in the Mediterranean that our commerce and public ships may be as little exposed to the danger as possible. It may under certain circumstances be proper also to notify the danger immediately to the collectors in the principal ports of the United States.
Herewith enclosed are two blank plenipotentiary commissions and letters of credence to the French and British governments. Those for the British government are to be filled with the name of M Monroe unless his mission to France should have an issue likely to be disagreeable to Great Britain; in which case the president would wish M Livingstons to be inserted if the translation be not disagreeable to him and the name of M Monroe to be inserted in the commission for the French republic. To provide for the event of M Livingstons translation a letter of leave is inclosed.
A separate letter to you is also inclosed authorising you to enter into such communications and conferences with British ministers as may possibly be required by the conduct of France. The letter is made a separate one that it may be used with the effect but without the formality of a commission. It is hoped that sound calculations of interest as well as a sense of right in the French government will prevent the necessity of using the authority expressed in this letter. In a contrary state of things the president relies on your own information to be gained on the spot and on your best discretion to open with advantage the communications with the British government and to proportion the degree of an understanding with it to the indications of an approaching war with France. Of these indications also you will be best able to judge. It will only be observed to you that if France should avow or evince a determination to deny to the United States the free navigation of the Mississippi your consultations with Great Britain may be held on the ground that war is inevitable. Should the navigation not be disputed and the deposit alone be denied it will be prudent to adapt your consultations to the possibility that Congress may distinguish between the two cases and make a question how far the latter right may call for an instant resort to arms or how far a procrastination of that remedy may be suggested and justified by the prospect of a more favorable conjuncture.
These instructions have thus far supposed that Great Britain and France are at peace and that neither of them intend at present to interrupt it. Should war have actually commenced or its approach be certain France will no doubt be the more apt to concur in friendly accommodations with us and Great Britain the more desirous of engaging us on her side. You will of course avail yourselves of this posture of things for avoiding the necessity of recurring to Great Britain or if the necessity cannot be avoided for fashioning her disposition to arrangements which may be the least inconvenient to the United States. Whatever connection indeed, may be eventually formed with Great Britain in reference to war the policy of the United States requires that it be as little entangling as the nature of the case will permit.
Our latest authentic information from New Orleans is of the 25th. of Feby. At that date the port had been opened for provisions, carried down the Mississippi, subject to a duty of 6 ⅌ Ct. if consumed in the province, and an additional duty, if exported; with a restriction, in the latter case, to Spanish Bottoms, and to the external ports permitted by Spain to her Colonial trade. A second letter, written by the Spanish Minister here, had been received by the Intendant; but without effect. On the 10th of March his interposition was repeated; in a form, which, you will find by his translated communication to the Department of State in one of the enclosed papers, was meant to be absolutely effectual. You will find, in the same paper, the translation of a letter from the French Chargé d’affaires here, to the Governor of Louisiana, written with a co-operating view. A provisional letter to any French Agents who might have arrived had been previously written by him, in consequence of a note from this Department, founded on a document published at New Orleans, shewing that orders had been given by the Spanish Government for the surrender of the Province to France; and he has of late addressed a third letter on the subject to the Prefect, said to have arrived at New Orleans. It does not appear, however, from any accounts received, that Louisiana has yet changed hands.
What the result of the several measures taken for restoring the right of deposit will be remains to be seen. A representation on the subject was made by Mr Graham, in the absence of Mr Pinckney, to the Spanish Government, on the 3d of February. No answer had been received on the 8th; but Mr Graham was led by Circumstances to make no particular inference from the delay. The silence of the French Government to Mr Livingston’s representation, as stated in his letter of the  day of  is a very unfavorable indication. It might have been expected, from the assurances given of an intention to observe the Treaty between Spain and the United States, and to cultivate the friendship of the latter, that the occasion would have been seized for evincing the sincerity of the French Government: And it may still be expected that no interposition that may be required by the actual state of things will be witheld, if peace and friendship with the United States be really the objects of that Government. Of this the mission of Mr Monroe, and the steps taken by you on his arrival, will doubtless have impressed the proper convictions.
During this suspence of the rightful Commerce of our Western Citizens, their conduct has been, and continues to be highly exemplary. With the just sensibility produced by the wrongs done them, they have united a patient confidence in the measures and views of their Government. The Justice of this observation will be confirmed to you by manifestations contained in the Western News-papers, herewith enclosed; and, if duly appreciated, will not lessen the force of prudential as well as of other motives, for correcting past, and avoiding future trespasses on American rights.
April 20th: The letter from the Marquis d’Yrujo, of which you will find a translated Copy in the enclosed News-paper of this date, was yesterday received. The letters to which it refers, as containing orders for the reestablishment of our deposit at New Orleans, were immediately forwarded. They will arrive in time, we hope, to mitigate considerably the losses from the misconduct of the Spanish Intendant; and they are the more acceptable, as they are an evidence of the respect in the Government of Spain for our rights and our friendship.
From the allusion in this Communication from the Spanish Minister, to a future agreement between the two Governments on the subject of an equivalent deposit, it would seem that the Spanish Government regards the Cession to France as either no longer in force, or not soon to be carried into execution. However this may be, it will not be allowed, any more than the result of our remonstrances to Spain on the violation of our rights, to slacken the negociations for the greater security and the enlargement of these rights. Whether the French or the Spaniards, or both, are to be our neighbours, the considerations which led to the measures taken with respect to these important objects still require that they should be pursued into all the success that may be attainable. With sentiments of High Respect and Consideration, I have the Honor to be, Gentlemen, Your Very Obedt servt.
James Madison

   RC (NHi: Livingston Papers); triplicate (PHC); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM. Italicized words are those encoded by JM’s clerk and decoded here by the editors using the code provided to Livingston by the State Department. The first few lines of the RC are decoded interlinearly in an unidentified hand. The coded passages were decoded by John Mercer in a separate transcript of the letter (marked “Copy”; docketed by Monroe) (DLC: Rives Collection, Madison Papers). Letterbook copy not encoded. Minor variations between the copies have not been noted. For surviving enclosures, see nn. 7–9.

   In the RC, this word is decoded interlinearly as “ultimate.”

   This word was decoded by Mercer as “powers”; the letterbook copy has “policies.”

   The word “detached” was omitted in encoding and has been supplied from the letterbook copy. Mercer’s decoding of this phrase reads: “possibility of her leaving us.”

   This word was miscoded as “dude” and decoded by Mercer as “doubly.”

   This word was miscoded as “ham” and is omitted in Mercer’s decoding.

   This word was decoded by Mercer as “Mississippi Source.”

   In a commission for the post of minister plenipotentiary to France, marked “(Duplicate)” and signed by Jefferson and JM, 18 Apr. 1803 (NHi: Livingston Papers), the name is left blank. The name is also left blank in a letter of credence addressed “To Our Great and Good Friend His Britannic Majesty,” marked “(Duplicate)” and signed by Jefferson and JM, 18 Apr. 1803 (ibid.). A nearly identical letter of credence, marked “(Duplicate)” and signed by Jefferson and JM, 19 Apr. 1803 (PHC), is addressed “To The First Consul of the French Republic,” and the name of James Monroe is supplied. A copy (DLC: Monroe Papers) is docketed as sent to Livingston by Monroe at London on 10 Aug. 1803. The Senate confirmed Monroe’s appointment as minister to Great Britain on 11 Nov. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:452–53).

   Livingston’s letter of leave (PHC) is dated 18 Apr. 1803, addressed “To the First Consul of the French Republic,” and signed by Jefferson and JM.

   JM to Livingston and Monroe, 18 Apr. 1803 (second letter).

   This word was miscoded as “fashiondoct.” In Mercer’s decoding, there is a dotted line in place of the words “fashioning her disposition to arrangements.”

   See Hũlings to JM, 25 Feb. 1803.

   See JM to Claiborne, 17 Jan. 1803, n. 3.

   See Yrujo to JM, 10 Mar. 1803, and n. 2.

   See Pichon to JM, 11 Mar. 1803, and n. 1.

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

   Left blank in all copies. JM referred to Livingston’s letter of 24 Jan. 1803.

   See Yrujo to JM, 19 Apr. 1803.


Title: To James Madison from Louis-André Pichon, 18 April 1803
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Georgetown. 28 Germinal an 11. (18. Avril 1803.)
J’ai eu l’honneur de vous faire part verbalement de la conduite que le commandant de la frégate Anglaise le Boston avait tenue en rade d’Hampton, envers le navire français l’anne le 1er. d’Avril. Je joins ici copie littérale de la lettre du Capitaine de ce bâtiment au Commissaire de la République à Norfolk, d’après la quelle vous pourrez voir, Monsieur, jusqu’a quel point ces procédés arbitraires ont été condamnables en ce qui regarde les Etats Unis, et combien ils ont porté atteinte à la Sureté dont doivent jouir le commerce et la personne des Citoyens français dans les Etats Unis. Une conduite aussi irrégulière ne pourra qu’être désavouée par les Supérieurs du Capn. Douglass. Mais en tout cas, Monsieur, vous Sentirez que le Gouvernement français doit compter que celui des Etats Unis prendra des mesures pour qu’a l’avenir ces actes ne se renouvellent pas envers le pavilion de la République dans les Ports américains. Agréez, Monsieur, mes respects,
L. A. Pichon

Condensed Translation
Has informed JM verbally of the conduct of the commander of the British frigate Boston toward the French ship Anne in Hampton Roads on 1 Apr. Encloses a copy of the captain’s letter to the French agent at Norfolk, by which JM will see how far such arbitrary procedures are condemnable and how far they have infringed the security that French commerce and citizens ought to enjoy in the U.S. Such irregular conduct can only be disavowed by Captain Douglas’s superiors. Nevertheless, the French government expects the U.S. to take measures which will prevent the repetition of such acts toward the French flag in American ports.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). For enclosure, see n. 1.

   Pichon enclosed a copy of a 2 Apr. 1803 letter (4 pp.; in French; docketed by Wagner) from Capt. Henry Smith of the Anne to French commercial agent Martin Oster describing the incident. The Anne had been boarded in Hampton Roads by a British officer who took off an Irish seaman to be questioned by Capt. John Erskine Douglas on the Boston. When the man was later returned to the Anne to gather his belongings, Smith opposed the seizure, but the British left to obtain arms to take the man away by force as they had done earlier. As there was no way to defend the seaman but by stratagem, something was thrown from the Anne into the water and someone cried out that there was a man overboard. Although a search was made, no trace was found of the sailor but his hat floating on the water. Smith stated that he omitted further details, remarking only that if the British acted this way whenever their strength allowed it, the peace would not be of long duration.


Title: From James Madison to Albert Gallatin, 18 April 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

18 April 1803, Department of State. “In answer to your letter of the 12th. inst.… I approve of the House of Sir F. Baring & Co. as Bankers of the monies to be remitted to London for objects connected with the Department of State, so long as they remain the bankers of the Treasury Department in their general transactions. The accounts of former reimbursements for the expense of prize-causes, in London have [been] separately kept, but the instruction will [be] repeated in consequence of your letter.”

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


Title: To James Madison from William Kirkpatrick, 18 April 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

18 April 1803, Málaga. Transmits a copy of his last letter, dated 31 Mar., with copies of its enclosures. On 8 Apr. Captain Campbell in the Adams “gave a call here on his way up the Mediterranean, with a Convoy of Seven Merchant Vessels”; he departed on 9 Apr. intending to stop at Alicante and Barcelona to offer escort to vessels bound for French and Italian ports. Commodore Morris in the New York arrived 13 Apr. with the John Adams and Enterprize and departed 15 Apr. “after procuring some trifling Supplies” from Kirkpatrick. Notes that he accepted Morris’s draft against Leghorn. “Altho’ there is here no negociation Whatever, on that City, I admitted of his Bill at par.… A certain Loss must ever attend raising money in the Spanish Ports, on Leghorn, from the Circumstance of no takers of bills offering, the inevitable result of a reduced Intercourse with that Place, Whereas on London there is a regular Course established, and at this moment very Advantageous for drawing.” When dollars are remitted from the U.S. at par there is a benefit of 8 percent. The rate of exchange in Spain is generally in favor of Great Britain. Observes that if peace continues in Europe, the rate may drop over the course of the summer. Notes that dollars cannot be sent out without a government order. “Notwithstanding the great Preparations for War, going on in England, & France … none whatever are making in this Place, or any measures adopting, from which it might be presumed, that this Country means to take an active part, in the Event of a rupture.”

   RC (DNA: RG 59, CD, Málaga, vol. 1). 3 pp.

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


Title: To James Madison from Carlos Martínez de Yrujo, 19 April 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

19 April 1803, Washington. Informs JM without losing a moment that by documents just received from Spain in a warship dispatched solely for that purpose, he sees confirmed all the assurances he gave on previous occasions regarding the intendant’s orders rescinding the right of deposit at New Orleans. The king has ordered that the deposit be continued until the two governments come to an agreement about another location. So that this decree may be effected promptly, suitable orders have been communicated to the intendant and captain general of Louisiana. Transmits the originals so JM may forward them to New Orleans. Hastens to bring this to JM’s attention so he may inform the president.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 2 pp.; in Spanish. Translation printed in National Intelligencer, 20 Apr. 1803.

   Yrujo referred to the 1 Mar. 1803 dispatches from Cevallos to Morales and Someruelos ordering the reopening of the deposit (León Tello, Documentos relativos a la independencia de Norteamérica, 4:45). A translation of the dispatch from Cevallos to Morales was printed in the National Intelligencer on 22 June 1803 together with Morales’s 17 May 1803 proclamation lifting the ban.


Title: From James Madison to William C. C. Claiborne, 19 April 1803
From: Madison, James
To: Claiborne, William C. C.

Sir
Department of State April 19th. 1803.
You will herewith receive a letter to the Consul of the United States at New Orleans, covering orders from the Spanish Government, for the immediate reestablishment of our right of Deposit. The letter is left open for your perusal. You will please to give it that expeditious transmission to New Orleans which its importance requires, and which is given to it from this place, by an express engaged for the purpose. Inclosed are a few copies of the printed translation of the Spanish Ministers communication to this Department on the subject of the orders from his Government. With sentiments of great respect &ca.
James Madison.

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

   JM to Daniel Clark, 19 Apr. 1803.

   See Yrujo to JM, 19 Apr. 1803.


Title: To James Madison from Rufus King, 19 April 1803
From: King, Rufus
To: Madison, James

No. 91.
Sir,
London Ap. 19. 1803
Since the removal of the Negotiation to Paris, I am less able to send you early and exact information of its progress. It is understood that according to the Instructions sent to Lord Whitworth on the 3rd. instant, his Lordship concluded his Conferences, as well with Mr. Talleyrand as with the First Consul, by declaring that a refusal of the satisfaction he was ordered to demand would be followed by a measure which it was not requisite for him to explain.
The first Consul was disposed to treat this Communication in a way that would have obliged Lord Whitworth to have immediately left Paris; but his Family, which is known to be anxious for the preservation of peace, is said to have had sufficient influence to moderate his Temper, and Talleyrand was ordered to return an Answer in a mild Tone, and which states “that while on the one hand the first Consul feels himself obliged to insist upon the rigourous execution of the Treaty of Amiens, on the other from the desire to avoid a rupture, he was ready to enter into discussions with the view of quieting his Majesty on the Subject of his solicitude, and moreover that he was disposed to form with him such Conventions as may be calculated to draw nearer together the two Nations, and to consolidate the peace subsisting between them.”
This Note was received here on the 12th. and has in some degree changed the public opinion that War was inevitable. On the 14th. a Messenger was dispatched from Downing Street with the Draught of a Note to be presented to Mr. Talleyrand by Lord Whitworth which states “that the principle of Compensation being admitted by Mr Talleyrand’s last Note, it has become requisite for his Majesty to explain himself on that point, and for this purpose, the Note declares, the Island of Malta to be the Compensation and security claimed and expected, a compensation to which France can have no objection in point of Interest, and in regard to any Scruples arising out of the inexecution of the Treaty of Amiens, his Majesty proposes to remove them by assenting on his part to the changes in Italy, Switzerland and elsewhere which, since the Treaty of Amiens, have been made by France.”
A Messenger is hourly expected with the Answer to this Note which, if we may judge from the opinions of Men connected with the public Departments it is believed will be favourable to the continuance of Peace.
I do not fully adopt this opinion: I see nothing in the tenour of the last French Note which warrants the conclusion that France will dispense with the Execution of the Treaty of Amiens in respect to Malta; nor do I perceive in the offer to enter into discussions to quiet the Kings mind concerning the Turkish Empire, an admission of the Principle of Compensation spoken of in the English Note, and in virtue whereof the cession of Malta is demanded. As a day or two will clear up this point, it is useless to make it the subject of farther Speculation.
In Lord Whitworth’s last Dispatch he says “Two days ago General Bernadotte left Paris on his Mission to the United States, with assurances of the First Consuls sincere desire to cultivate the Friendship of that Country, and yesterday Mr. Monroe the American Envoy arrived here. The United States, says his Lordship, are likely to reap the first fruits of our disagreement with France, the settlement of their affairs being already so nearly finished, that little remains to be done by Mr. Monroe, who is said to be destined to relieve Mr. King at London.” With perfect Respect & Esteem, I have the honour to be, Sir, Your ob: & faith: Servant
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC marked “[By Duplicates only.].” In a clerk’s hand, signed by King. Docketed by Wagner as received 2 July.

   See Whitworth’s 9 Apr. 1803 dispatch to Hawkesbury describing his most recent conference with Talleyrand and enclosing a note that the French minister drew up in his presence (Browning, England and Napoleon in 1803, pp. 162–67). King’s quotations throughout this dispatch give the sense rather than the exact wording of Whitworth’s communications.

   King’s quotation differs from printed versions of Hawkesbury’s 13 Apr. dispatch, which indicate that the minister instructed Whitworth to present to Talleyrand the demands enclosed in Hawkesbury’s 4 Apr. dispatch in the form of a projet for a new convention between Great Britain and France that would settle the issue of Malta by allowing it to remain permanently in British hands. France was to receive Elba (ibid., pp. 148–51, 170–72).

   In his 14 Apr. dispatch Whitworth commented that Napoleon’s disposition to “conciliate the friendship” of the U.S. “can scarcely be doubted under the present circumstances.” He reported that Monroe had arrived at Paris “yesterday” and added: “Mr. Munroe finds the difference which occasioned his mission nearly adjusted. It is said that he is destined to relieve Mr. King at the Court of London” (ibid., p. 174).


Title: To James Madison from James Monroe, 19 April 1803
From: Monroe, James
To: Madison, James

No: 3.
Sir
Paris. April 19th. 1803.
I dined yesterday with the Minister of foreign relations in Company with my colleague, Mr. Marbois and others. After dinner Mr. Marbois and myself had much conversation on the Subject of my Mission in which he declared with frankness an earnest desire to adjust every possible cause of variance with us. He assured me that the first Consul had decided to offer us the whole of Louisiana for 100 Millions of Livres, and the assumption on our part of the debt they owe to our Citizens which is estimated at about 20 more: that he authorized him to make that proposal to us and to engage his support of our Claim to the Floridas with Spain: that he did believe he might be prevailed on to accept 60, with the payment of the Debt as above, but not less, and he was fearful from the peremptory tone of the consuls Character, if we did not meet him on the ground proposed he might dismiss the subject from his Mind and with difficulty be brought to take it up again. Mr. Livingston and myself having previously resolved to offer 50 Millions, out of which that debt was to be paid, I adhered to that ground; adding that what had passed ought to be considered as a manifestation of the liberal and confidential spirit with which we were disposed to treat with the first Consul, in a negotiation committed to him, since he Mr. Marbois having produced no powers, and I not being recognised or rather presented to the first Consul, we had dispensed with form. He admitted the liberality of our Conduct, but observed that as he was a Minister of his Government, and I had been received by the Minister of foreign affairs, by order of the Consul, the proceeding was not altogether irregular. It was agreed however by him that we ought not to proceed further till he produced powers. I shall see him today by appointment and go further into the affair with him. I write this in haste for Mr. Petree who sits out in an hour for Rochfort where General Bernadotte waits his arrival. With great respect and esteem, I am your Most obedt. Servt:
Jas. Monroe

   RC (DNA: RG 59, DD, France, vol. 8); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed and marked “Triplicate” by Monroe. Docketed by Wagner as received 2 Sept.


Title: From James Madison to Rufus King or Christopher Gore, 19 April 1803 (Abstract)
From: Madison, James
To: King, Rufus,Gore, Christopher

19 April 1803, Department of State. “The sum of 17,887 50/100 dollars about to be remitted to you by the Secretary of the Treasury is intended to be applied to the several objects and in the proportions specified in the annexed estimate according to the forms of disbursing and accounting for the public monies heretofore practised. Independently of this sum, the Treasury has remitted money to enable you to accept and pay a draft of James Simpson Esqr our Consul at Morocco, for four thousand dollars, out of the Barbary negotiation fund.”

   Letterbook copy and copy of enclosure (DNA: RG 59, IM, vol. 6). 1 p. A similar letter of the same date was sent by JM to Willink and Van Staphorst (DNA: RG 59, IC, vol. 1).

   The enclosed estimate of State Department expenses at London is nearly identical to the second part of the enclosure in JM to Gallatin, 6 Apr. 1803.


Title: To James Madison from Louis-André Pichon, 19 April 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

19 April 1803. “Mr. Pichon finds that in his communication to Mr. Madison on the outrageous conduct of the british officer in Hampton’s roads he has omited to subjoin the inclosed paper, which shows that the French Captain has been detained forcibly on board the Boston.”

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC 1 p. For enclosure, see n. 1.

   The enclosure is a copy of a 2 Apr. 1803 letter (2 pp.; in French; docketed by Wagner) from mate Nathaniel Poret to Martin Oster stating that Captain Smith had gone on board the Boston by agreement as well as by force and had stayed on board when the seaman had been sent back to the Anne to collect his belongings. After the incident in which the object was thrown overboard, the supercargo sent Poret on board the Boston, where Poret and the captain were held under guard all night. In the morning Poret and Smith were sent aboard the Anne, and it appeared that the Boston was going to take the ship and crew out to sea as both ships were put under sail. Poret added that the Boston was still held in Hampton Roads by contrary winds. On 22 Apr. 1803 JM wrote Gallatin requesting him to instruct the Norfolk collector “to investigate the facts stated in the enclosed complaint … respecting the illegal and violent proceedings therein said to have been exercised in Hampton Roads by the British Frigate Boston against a French merchantman called the Ann, and to communicate the result to this Department” (DNA: RG 59, DL, vol. 14; 1 p.).


Title: From James Madison to Richard Harrison, 20 April 1803 (Abstract)
From: Madison, James
To: Harrison, Richard

20 April 1803, Department of State. “There does not appear to be any charge of an improper nature in Mr. Young’s account as Consul. For his contingencies as Secretary of Mr. Humphreys, the rule is that allowance is to be made for translating and printing papers, postage and couriers. For necessary aids to seamen, with the sanction of Colo. Humphreys, and the charge he makes for entering an appeal in a prize cause an allowance is also to be made.… His salary as Secretary commenced on the 8th. Octr. 1797: it may be continued to the end of the year 1801.”

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


Title: To James Madison from Carlos Martínez de Yrujo, 20 April 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

20 April 1803, Washington. States that he hastened to inform JM as soon as the dispatches were received of the news that the king, anxious to maintain harmony with the U.S., commanded Morales to revoke his decree forbidding the right of deposit at New Orleans to U.S. citizens. Now adds that the king, to demonstrate his good faith and respect for obligations, including those contracted with the U.S., ordered inserted into the treaty retroceding Louisiana to France the definitive clause, “salvando los derechos adquiridos por otras Potencias en virtud de tratados que con ellas haya hecho la Espana.” JM will see that, according to the sentiment and letter of the clause, the rights of navigation and deposit conceded to U.S. citizens by the treaty of 1795 have been preserved. Yrujo has also been directed to express to the president the king’s pleasure at Jefferson’s friendly, prudent, and moderate conduct during the agitation occasioned by the decree of the temporary intendant of New Orleans. The king, aware of the virtue and equity of Jefferson and the desire of the U.S. to maintain peace and good understanding with Spain, wishes to exhibit the same sentiments.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 2 pp.; in Spanish. Docketed by Wagner.

   “Saving the rights acquired by other powers in virtue of treaties that Spain has made with them” (editors’ translation).


Title: To James Madison from Josef Yznardy, 20 April 1803 (Abstract)
From: Yznardy, Josef
To: Madison, James

20 April 1803, Cádiz. The court at Madrid has issued orders lifting all quarantine on vessels coming from the U.S. furnished with health certificates from Spanish consuls and allowing vessels with no such certificates to serve a quarantine “only of a very few days” at the discretion of the board of health.

   Printed extract (National Intelligencer, 6 June 1803).


Title: From James Madison to Carlos Martínez de Yrujo, 22 April 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir
Department of State April 22nd. 1803.
Your letters of the 19, & 20 inst. the first communicating the orders of His Catholic Majesty for restoring the operation of the Treaty with the United States interrupted by the Intendant at New Orleans, the other communicating the clause inserted in the retrocession of Louissiana to France expressly saving all rights stipulated to other nations by the said Treaty; have been laid before the President. He sees in these proceedings of the spanish Government very agreeable proofs of that good faith, and rectitude, which correspond so well with the principles and dispositions invariably exemplified on the part of the United States, and a pledge of the readiness with which reparation will be made for whatever inconveniencies to individuals may have resulted from the irregularity now removed.
The President seriously hopes that an incident which might have had such serious consequences will convince all parties of the expediency and the obligation of guarding their peace and common interests by the most effectual and provident arrangements that can be applied. And he is led by the occasion particularly to repeat what has already been communicated thro’ the Minister of the United States at Madrid, that considering the errors which distant officers are liable to commit, and the dangerous lapse of time in correcting them by a correspondence between Governments in different Hemispheres, it is equally due to the just expectations of the United States and to the wisdom of the Spanish Government that some authority should be vested in its minister here or other equivalent provision be made for controuling or correcting the irregularities towards the United States, springing from the local authorities of spain so numerous in this quarter of the globe; and which may otherwise hazard the peace of the two nations, before the ordinary representations and remedies can have their effect.
The friendly and respectful sentiments conveyed by his Catholic Majesty to the President are received by him with the sensibility to which they are entitled, and which mingles itself in the assurances which he charges me to express of the high esteem and cordial regard entertained for his Majesty by the United States and their Government.
I add with much pleasure Sir the very favorable impression made on the President by the laudable Zeal he has witnessed in you to vindicate the good faith and dignity of your sovereign against the misguided proceedings of one of his officers, and in resisting the tendency of those proceedings to disturb the harmony and the beneficial relations which both nations are bound by their obvious interests to cultivate and I pray you to accept Sir, my own congratulations on the manner in which your anticipation of the views of your Government has been justified. With sentiments of great consideration I have the honor to be &ca.
James Madison.

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

   Yrujo had written JM on the morning of 22 Apr. 1803 (1 p.; docketed by Wagner) requesting an immediate answer to his letters of 19 and 20 Apr. as he was leaving Washington and the warship which had arrived at Baltimore from Spain was ready to sail for home (DNA: RG 59, NFL, Spain, vol. 2).


Title: From James Madison to Peter Muhlenberg, 23 April 1803 (Abstract)
From: Madison, James
To: Muhlenberg, Peter

23 April 1803, Department of State. Asks that the enclosed packet for Livingston and Monroe, “which contains papers of much consequence to the United States,” be forwarded by the first opportunity occurring at Philadelphia either direct for France or the Netherlands or by way of Great Britain.

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


Title: To James Madison from Rufus King, 23 April 1803 (Abstract)
From: King, Rufus
To: Madison, James

23 April 1803, London. No. 92. Refers to his dispatch no. 87 [25 Mar. 1803], which mentioned the difficulty that had arisen regarding the proceedings of the commissioners under article 7 of the Jay treaty. “Several Conferences have since taken place between me and Lord Hawkesbury, but the Impediment is not yet removed. At my first meeting with Lord Hawkesbury, after the communication he had made to me on this subject, I stated to him the arguments that in my opinion ought to remove the objection which had been raised, and I was in hopes that on a farther conversation between his Lordship and Dr. Swabey, the objection would have been given up.”
“Some days afterwards the Under secretary Mr. Hammond, on the part of his Lordship, proposed to me as a compromise that three per Cent, instead of six per Cent Interest, should be allowed upon the whole of the Claims during the suspension of the Commission. In my last Conference I informed Lord Hawkesbury that I could not consent to the proposed Compromise, seeing no just Principle upon which I could do so: he desired me, however, to confer with the Lord Chancellor upon the Subject, which I shall do tomorrow or the day after. If the objection be persisted in, the British Commissioners will be instructed not to sign the awards unless the Interest, in whole or in part, during the suspension of the Commission, be omitted: in this Case our Commissioners will enter their protest against this Instruction; and from a conversation I have had with the fifth Commissioner, I perceive it to be his opinion that the Awards should then be made, although lessened in their amount, by a total or partial deduction of the Interest during the suspension of the Commission. This course, in his opinion, will avoid the delay and uncertainty of a negotiation between the two Governments respecting the Instruction that may be given to the British Commissioners, and moreover secure to the Claimants their Compensation, except so much thereof as may be with-held by the Instruction of the British Government, which may become the subject of future demand and negotiation.
“As I understand the objection … of the British Commissioners, it is founded on the allegation that the Treaty of 1794. did not foresee the suspension of the Commission that has taken place, that the Convention has not provided for it, and therefore it is to be regarded as casus omissus. Our answer is, The Treaty of 1794 sufficiently describes the cases, or, in other words, creates the competence or Jurisdiction of the Board, and moreover lays down the rule by which they are to ascertain the full and complete Compensation to be given to the Claimants. The Convention subsequent to the suspension of the Commissioners re-assembles them, and authorises them to proceed in all respects (except one which is irrelative to the point in discussion) as is provided by the Treaty: it therefore authorises them, posterior to and including the time of their Suspension, to examine and decide, and to grant full and complete Compensation in, all Cases Submitted to their Decision by the Treaty of 1794.
“This Reply has appeared to me so Solid that I have been willing to believe the Cabinet would feel its force, and therefore altho’ a moderate Interest is better than none, I have thought it my duty to reject the overture for a compromise, in confidence that the British Commissioners would either be instructed to waive the objection, and consent to the entire Interest, or at worst, that they would be authorised to proceed on Condition that a moiety of the Interest should be allowed.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); FC (NHi: Rufus King Papers); letterbook copy (ibid., vol. 55). RC 4 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 1 July. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:388.

   Casus omissus: “a case omitted; an event or contingency for which no provision is made” (Black’s Law Dictionary [5th ed.], p. 198).


Title: To James Madison from Vincent Gray, 25 April 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

25 April 1803, Havana. The French sloop of war Diligence left Havana “this Morning” for New Orleans carrying the marqués de Casa Calvo, former governor of Louisiana, who will deliver the province to the agent of the French republic in conformity with the king’s orders. The packet, which recently caused so much alarm by not bringing the mails that were due, carried orders forbidding royal ships bound from Veracruz to Spain with specie on board to touch at Havana. The supreme council of Cuba has lately passed an edict prohibiting the export of specie “on any account” to any foreign port. The latter decree will be hard on property owners in Cuba. The prohibition respecting the Veracruz ships is no doubt intended to prevent future requisitions from Saint-Domingue on the Cuban government. “However His Catholic Majesty has given the French Republic letters of credit on Santa Fe and Mexico for the purpose of supplying the deficiency of the Santo Domingo Expedition: and should those places fall short of the Sum absolutely necessary, the balance is to be supplied from the city of Havana.” Letters received from Madrid lead him to believe that the Cuban government will soon be ordered to acknowledge the French agent. Napoleon has demanded it, and Major Vermanet has received letters from the prefect of Saint-Domingue that have made him so confident this is the case that he mentioned it to the governor and intendant at Havana.

   RC (DNA: RG 59, CD, Havana, vol. 1). 2 pp. Filed with the RC is a letter from Gray to Jacob Wagner, 25 Apr. 1803 (ibid.), acknowledging the receipt of Wagner’s 7 Feb. 1803 letter and enclosure. Gray wrote that he had delivered the enclosure to the post office, where it would be forwarded in a few days through Veracruz, Mexico, to Manila.

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


Title: To James Madison from William Stewart, 25 April 1803 (Abstract)
From: Stewart, William
To: Madison, James

25 April 1803, Smyrna. Last wrote from London on 28 Oct. 1802. Now informs JM of his safe arrival and promises to omit no exertions to fulfill his duties to the satisfaction of the government and of “those navigators, who may frequent these seas.” On arrival he found a duplicate commission and his instructions, which will serve as a rule for his future conduct. Before coming to Smyrna he remained some days at Constantinople so as to be recognized by the Sublime Porte, but the U.S. having no treaty with Turkey, this was not possible. The U.S. government is the only one not represented at Constantinople. Russia, Germany, Great Britain, France, and the Netherlands have ministers or ambassadors. Spain, Prussia, and Naples have envoys. Sweden and Denmark have chargés d’affaires. If the U.S. wishes to establish commerce with Turkey, a treaty and a chargé d’affaires in Constantinople will be necessary. The representative of some friendly power would have to prepare the Turkish ministry to receive the person sent to treat. Encloses a memorandum pointing out the various branches of commerce that may be advantageously carried on between the U.S. and Smyrna, which is the general deposit for all the produce of Turkey and Egypt, as well as for the foreign goods consumed in Turkey. “Exclusive of the benefits which might arise to the United states, from forming commercial connexions with Turkey, there is one argument which may appear strong to you in favor of their forming a treaty with the porte, which is, the influence, if not entire dominion which the grand signor has over the Barbary States. This influence might be exerted to cause the American flag to be respected by those powers, thereby insuring it a safe, and free navigation in the Mediterranean, and consequently saving the United states an immense expence, for the cost of a single frigate cruising in the Mediterranean one month, would be more than adequate to the annual support of a representative at Constantinople. In the capitulations that exist between the Danes, and Swedes, and the porte, it is stipulated that the latter shall maintain peace between the former and the Barbary powers, and altho this does not entirely preserve them from the rapacity of those Barbarians yet in case of a rupture, the difference is easily adjusted by the representative at Constantinople, as was the case in the last war between Sweden, and the Dey of Tripoly.” The Swedish chargé had settled the dispute “on very moderate terms,” but the commander of the Swedish squadron agreed to stipulations “which cost his government a very considerable Sum.” The Swedish consul at Smyrna says the representative at Constantinople “does not cost the King more than from eight to ten thousand dollars annually.” Reports that three American ships have been at Smyrna within two years. The U.S. flag and citizens have been protected by the British consul acting under orders from the British ambassador at Constantinople. Is uncertain whether to continue using the British consul as protector for U.S. ships or to apply to the French consul. Does not wish to offend either one, but every vessel must be protected by some consul, both for the personal safety of the crew and because the customhouse business must go through the hands of an interpreter from a consulate recognized by the Porte. Requests JM’s orders on the subject.

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

   In the enclosure (2 pp.) Stewart reported: “Commercial connexions between the United states and Turkey have hitherto been very inconsiderable, but … our enterprizing merchants will undoubtedly not long delay to give to this trade the attention which it merits, and to raise it to that degree of consequence which it is capable of attaining provided it be encouraged … by the government. Our trade with the East & West Indies, and South America will always afford us the means of supplying Turkey with the principal articles of its consumption.” He noted that the main imports to Turkey, which he listed, came through Mediterranean ports and were “almost entirely” supplied by Americans, who could benefit from shipping directly to Smyrna and eliminating European charges. He detailed the various products that could be imported and exported, and he noted that banking transactions between Smyrna and the principal cities in Europe were considerable, so surplus profits “could always be remitted in good bills of Exchange.”

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


Title: From James Madison to George W. Erving, 27 April 1803
From: Madison, James
To: Erving, George W.

Sir.
Department of State, April 27th. 1803.
The enclosed statement contains the case of Mr. Hunter of Philadelphia, whose Vessel, called the Mary Ann, being on a voyage from Cape Francois to Havana, was captured by the Lark British Sloop of War, carried to Jamaica and there acquitted. On her clearing from the latter place, she was provided with a passport by Capt. Loring of the capturing Vessel, notwithstanding which she was again captured by a privateer of New Providence, and ordered thither; but on the passage the Americans who had been left on board, by securing the arms of the prize-crew peaceably obtained re-possession. Being however captured a third time, she was carried to New Providence and condemned with her Cargo, and the owner obliged to pay costs. The sole pretext for the condemnation is stated to be the rescue from the possession of the first privateer. Mr. Hunter had directed Messrs. David Fowler & Son of London to prosecute an appeal, which they commenced but afterwards abandoned without his sanction. Having been much from home and subjected to a variety of misadventures in the interval, he is to make an affidavit, accounting for the abandonment of the appeal, and the omission till now of reviving his claim for redress. This will be forwarded to you. Two aspects of the affair are discouraging. 1st. The rescue, if it be supposed equivalent to a resistance to making the capture, would by the practice of the British Admiralty subject to condemnation, and 2d. The loss of the appeal both by the abandonment and by the lapse of the time limited for its prosecution in ordinary cases. As to the first, it may be said to be the duty of the captors after a peaceable surrender is made to them to use due vigilance in preserving the capture; that the principle appealed to in support of the condemnation if not indispensably applicable ought not to be extended to a case in which the original captor so far misbehaved himself as to disregard a clearance from a British port, and the passport of a British naval commander; that the seizure was made obviously without probable cause and therefore the neutral might be excusable for doing himself right without a resort to actual violence, more especially as the misconduct of the captors was such as to raise a presumption of their being pirates. It is not known whether the form of withdrawing the appeal was such as to operate as a bar to another, or whether in any case a second appeal is admissible after the first is abandoned. If neither of these circumstances are adverse or irremediable, the statute 38 George 3d..c.38.53 sanctioning an application to the King in Council for leave to appeal though the oridinary [sic] time is expired. When Mr. Hunter shall have made provision for the expences of the appeal, you will be pleased to consult with the American Minister whether it be advisable to make the attempt to institute one. In that case he can probably by official or other representations contribute much to promote a decision, such as is desirable, both upon the right to appeal, and the question of reversing the condemnation. In what proportion the condemnation has benefited the first capturing privateer, Mr. Hunter has not furnished the means of ascertaining, but it is believed, that the British Government would not approve of their receiving such a compensation for their irregularity in seizing the American; nor is there more merit in the privateers which captured her after the rescue. I am &c.
James Madison.

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

   The statute of May 1798, which clarified and expanded previous statutes dealing with appeals by American claimants, empowered the king in council to authorize the institution of appeals against sentences of condemnation after the expiration of the usual twelve-month time limit (The Statutes at Large, from Magna Charta to End of Last Parliament, 1761 [18 vols.; London, 1763], 17:734–35).

   Part of this sentence may have been omitted by the State Department copyist.


Title: From James Madison to Rufus King, 27 April 1803
From: Madison, James
To: King, Rufus

Sir
Department of State April 27th. 1803
I have the honor to inclose an unsealed letter to Mr. Erving respecting the case of Mr. Hunter of Philadelphia and to request your co-operation in giving effect to the means of redress which it indicates, if they shall be supposed to be sufficiently encouraging to justify a recourse to them. Mr. Hunters claim ought not to be lightly passed over, when it is considered that at the time of the first and even the second capture by the privateers, not a reasonable suspicion could exist of the vessel being hostile or loaded with contraband or enemy’s property; that on the contrary the passport she bore from Capt. Loring and the clearance she obtained after being examined in a British port should have protected her from all further molestation; and that the capture afterwards was criminal in the Officers of the Privateer as well as contemptuous to the authority of the King’s Officers. If the claim should be admitted, it would not constitute a precedent derogatory to any general principle the British Government may have acted upon in relation to captures, as the instances can seldom occur of the captains of men of war giving passports to neutrals not entitled to them: nor are we disposed to think that Government would not withhold all countenance from such a pillaging spirit as in this case has set itself above their own regular Officers and reversed their Acts by making a seizure of the same neutral which had just before been acquitted.
To the other reasons which are suggested as excusing the repossession obtained by the persons on board the Mary Ann, it may be added, that the Court of Vice Admiralty at New Providence, whither she was ordered, was at the time known to be in the habit of passing unjust and vexatious sentences, and it formed a conspicuous example of the abuses, which near the close of the war Great Britain consented to rectify by a new organization of their Courts of Admiralty in the West Indies.
Should the judicial pursuit, mentioned in the letter to Mr. Erving, fail or not be thought advisable, you will be pleased to represent the case to the Ministry if you think any good would result. I am &c.
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6). Addressed to “The Minister of the United States In London.”


Title: To James Madison from Rufus King, 28 April 1803
From: King, Rufus
To: Madison, James

No. 93.
Sir,
London Ap. 28. 1803
In a Conference with Lord Hawkesbury on the 6th. instant, I explained to him the object of the extraordinary mission of Mr Monroe pursuant to the tenour of your Letter of the 29. of January; and I have the pleasure to inform you that his Lordship received the Communication in good part, suggested no doubt of our right to pursue separately and alone the objects we aim at, and appeared to be satisfied with the Presidents views on this important subject.
I have likewise the satisfaction to inform you that at the close of my Conference with the Lord Chancellor respecting the Question of Interest upon the American Claims during the Suspension of the Commissioners his Lordship frankly admitted our Construction of the Convention, and I was yesterday informed (tho’ not officially) that the British Commissioners would be immediately instructed to wave their objection, and proceed in the execution of their Duties. The Board will meet on the day after tomorrow when a Communication to this Effect will I expect be made. With perfect Respect & Esteem, I have the honour to be &c
(Signed)   R. K

   FC (NHi: Rufus King Papers); letterbook copy (ibid., vol. 55).


Title: To James Madison from Samuel Latham Mitchill, 28 April 1803
From: Mitchill, Samuel Latham
To: Madison, James

Dear Sir
New York, April 28. 1803.
This is the third day of our Election; and the polls must be all closed this Evening. The opposition have made a very strong effort against us. They have spared no pains to ensure success to their Cause.
Their hopes were grounded originally less on their own Numbers, than on a division which they beleived to exist among the republicans. Unfortunately, from causes which you well know, there was some apprehension of embarassment from such misunderstandings. On Tuesday the first day of the Election, the Federalists by a vast exertion of Strength, almost held an even poll with us; this had a proper operation upon the Republicans, who on the second day, gained a majority by fair estimation of seven hundred Votes. And this Morning we are going on a rapid and gaining rate. The Reps. are full of Spirits; and the Feds., are in deep despondency. We calculate by sundown, at the close of the Polls to have a Majority of 800 or 900, on the Assembly Ticket. Some think more. We shall probably also gain our Senator Mr. Broome, against Judge Benson.
We are endeavouring not only to beat them, but to beat them soundly; that they may be still next Spring and not attempt to intermeddle in the Legislature which is to appoint Electors for P. U S & V. P. Be pleased to make my Respects to the President when you communicate to him this Intelligence. At a Ward-Meeting last Evening, in an address to the Electors, I exhorted them to persevere to day, and shew our Opponents a formidable Majority. And this morning I observed them briskly engaged. I remain respectfully & truly yours
Saml L. Mitchill

   RC (DLC). Docketed by JM.

   Although Federalist Egbert Benson carried New York City in the senatorial election for the southern district of New York, he was defeated by Republican John Broome, who won the election with 1,966 votes to Benson’s 1,755. The Republican support was so strong that it was estimated that of the one hundred seats in the assembly, only fifteen would be occupied by Federalists (National Intelligencer, 4 and 6 May 1803; N.Y. American Citizen, 12 May 1803).


Title: To James Madison from William Kirkpatrick, 28 April 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

28 April 1803, Málaga. Transmits a copy of his last letter, dated 18 Apr., and reports that the governor of Málaga has just received orders from the supreme board of health at Madrid to admit all U.S. vessels to pratique immediately without subjecting them to quarantine. “This measure has been adopted,… in Consequence of a repetition of the favorable Advices from America, that the Yellow Fever has ceased, and for the general Advantage of Trade.”

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

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


Title: To James Madison from Robert Montgomery, 28 April 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

28 April 1803, Alicante. Encloses a copy of a letter received “this Morning” from O’Brien. Adds in a postscript, “The British consul is now here in Quarantine from Algiers.”

   RC (DNA: RG 59, CD, Alicante, vol. 1). Written at the foot of a copy of O’Brien to Montgomery, 24 Apr. 1803 (see Pinckney to JM, 12 Apr. 1803, n. 9); O’Brien asked Montgomery to forward a copy of the 24 Apr. letter to JM. Docketed by Wagner as received 20 May.

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


Title: To James Madison from Richard O’Brien, 28 April 1803 (Abstract)
From: O’Brien, Richard
To: Madison, James

28 April 1803, Algiers. Commodore Morris and his squadron “left sight of Algiers on The Evening of The 20th. of March.” On 21 Mar. Captain Sterett sailed in the Enterprize with the required answer. Hopes JM received these letters and dispatches. “On the 7th. Inst Sailed 9 Sail of large Algerine Corsairs I believe They go off The Coast of Italia. As yet we have not heard from Them.” Shaw wrote from Tunis that on 30 Mar. fifteen corsairs were ready for sea. It was believed they would attack Swedish commerce now that the Swedes are at peace with Tripoli and have withdrawn their warships from the Mediterranean. “This Event Saves us So far at Tunis as we have war with Tripoli—a few Corsairs in This Sea and a few mercht Vessels—but notwithstanding The Govt. of Tunis has Shown no Symptom of relaxing in Their demands on The UStates for a frigate.” France and Algiers are yet at peace. “Bonapt. and the dey might be Compared to 2 Corsairs Sailing in a fog. The weather will Clear up and I hope They will Soon meet. France has promised to Send The usial presents.”
“On the morning of The 21st. The dey sent to me to desire I would write to The Govt. of The UStates to Send him a good watchmaker & mender. Should you Send One he had better be procured in London. The morning of The 21st. two Moorish women were found in The British house with 2 of The Consuls Servants. The dey got into One of his great Squalls and ordered The Consul out of The Country. He refused to go.” On 22 Apr. the dey had the consul, John Falcon, and his secretary driven away by the police. They sailed on 23 Apr. for Spain and Gibraltar. One of the servants fled to the sanctuary and the other to the French house. Falcon has charged O’Brien with his affairs and left with him a copy of the enclosed. “This business with That of The Squalls aga[i]n[s]t france might facilitate a reform in The System of Barbary agreeable to our small hopes as Contained in The 10th. article of The treaty Of Ameins.” Danish commodore Koefoed arrived 22 Apr. in five days from Toulon. After “much difficulty on The part of The dey,” Koefoed settled the dey’s claim of July 1802 on the following terms: to the dey, $55,000; to his three aides, the “Chiefe mate Second and Coasting Pilot,” $5,000 each; “The Pilot directory gains on The bills,” $5,000; and “200 Barrels of powder at 25 dollars Each,” $5,000; for a total cost of $80,000. “Add to This The loss of trade for 9 Months besides The Bribes given in The run of that time Occasionally to keep The dey from Eating Stockfish This business or system of The different powers in acqui[e]scing to The Extra Claims of Barbary must The result be Very visiably Seen by you.” Hopes a vessel with stores will shortly arrive. “The dey frequently makes enquiries on that Subject.”

   RC and enclosure (DNA: RG 59, CD, Algiers, vol. 6). RC 2 pp. Docketed by Wagner. For enclosure, see n. 2.

   For the details of this incident, see Playfair, Scourge of Christendom, pp. 233–34.

   O’Brien enclosed a copy of Falcon’s 22 Apr. 1803 letter to “The Commanders of any of his Britannic Majestys Ships that may arrive in The Baye of Algiers” (1 p.), briefly describing the insult offered to “his Majesty in The person of his representative” and advising all British subjects to use the utmost caution in their commerce with Algiers as there was no doubt the British government would speedily adopt such measures as the nature of this hostile act and violation of the peace treaty required.

   See O’Brien to JM, 9 Jan. 1803, n. 5.

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


Title: To James Madison from Willink and Van Staphorst, 28 April 1803 (Abstract)
From: Willink and Van Staphorst
To: Madison, James

28 April 1803, Amsterdam. The writers acknowledge receipt of JM’s 28 Feb. letter notifying them of Monroe’s mission to Paris and Madrid and directing them to pay his expenses up to $9,000 and the salary of his private secretary at the rate of $1,350 per year. “We have opened at Mr. Monroe’s own request the needfull credit in his favor at Paris and shall charge his drafts or those made by his directions to the Department of State.”

   RC (DNA: RG 59, Letters Received from Bankers). 1 p. Docketed by Wagner as received 11 July.