Title: To James Madison from James Jackson, 15 May 1801
From: Jackson, James
To: Madison, James

SirCedar Hill Plantation below savannah May 15h 1801
Presuming on the Congressional acquaintance I had the pleasure of forming with you some Years since and considering the station the State I belong to has been pleased once more to place me in, as Senator of the United States, and in which I flatter myself our Political opinions will not more materially differ, than they formerly have done—I have determined to drop you this line; and to give you some hints of the Politics of this State, and the disgust occasioned by certain appointments, under the late administration—hoping they will be received with that candor by you, with which they have been intended; and that they will prove profitable to the great & good Man, at the head of affairs.
The Persons then, appointed for some time past have been and still are obnoxious to the People of Georgia. The Yazoo (commonly so called) leaders, who could not procure a constables Office under the State Government from either Government, or people, have been those selected for the Offices of the United States, one or two only excepted. But no appointment—if it can be by the most rash construction called one—has created such disapprobation as that of Mr Thomas Gibbons to the district Judgeship of this State, in the room of Judge Clay

   But even Mr Clay has not been the greatest of Mr Jeffersons friends. A Mr Hunter appointed Navy Agent the other day has been most violent against him.

—two Characters as opposite as Day & night—the former could not get fifty persons in Georgia to sanction the appointment—nor more, to consent to his being a Judge of the State Court. Impudent arrogant—An old Tory—a British Commissary—and many more iniquituous charges against him—even the scotch Merchants on the bay of savannah hooted at the appointment, as the last mad act of a mad administration. Some of his Friends say, that he has written on accepting the office—but how sir, could a vacancy be filled before it happened? How could Mr Gibbons be appointed, whilst Judge Clay kept his seat for the same post in Government? Were there two district Courts of Georgia, or did the law authorize two district Judges for the existing one? It is true that Mr Clay has now resigned, & now the vacancy has happened, which the president may fill—but I hope not with Mr Gibbons—who shewed every mark of disapprobation at that Gentlemans election & has uniformly been one of the most violent British Partizans in Georgia, & with an ex Senator, their file leader, here—which Party by violent exertion has been almost totally broken down by those, who have been stiled Anti Yazoo, or in other words real Republican characters. Will it be permitted me to observe to one of your superior knowledge that I deem the Act under which the late appointments have been made, to be in a state of abeyance, both as to Circuit & District operations until the next Congress meet—more than one of our bar join me in this opinion—in south & North Carolina we are told—two District Judges exist—& have Commissions in each and no Circuit Judge—as is the case here, Mr Clay having also declined that appointment. I have been told, that Mr Stith, Mr George Walker, &c &c have been applying for those Judgeships for this District—neither of them will give satisfaction to the People, who I hope will certainly be attended to by Mr Jefferson, and they have been tho’ better Whigs, as to their Families as violent against Mr Jefferson as this Man Gibbons—if the appointments cannot remain until Congress meets—Mr William Stephen⟨s⟩ who has been a Judge of this State would make an excellent Circuit, or district Judge. I venture to recommend him. Should Mr Gibbons be appointed I shall feel myself bound to oppose him—as well as either of the others, I have named—for reasons satisfactory to my own breast. Mr Stephens goes Northwardly in a few days and I shall take the liberty of troubling you with another line by him & of recommending some other Character for one of those seats. I have the honor to be sir in truth & sincerity Yr. most Obedt servant
Jas Jackson
PS. I request this letter to be private unless necessity requires otherwise. I mean as to Persons not conversant with the Office of State nor of higher authority. I have written at the request of numbers who revere Mr J & yourself also.

   RC (DLC). Docketed by Jefferson: “Georgia. Govr. Jackson’s lre to J. Madison. Wm. Stephen to be Circuit judge.”

   Jackson referred to advocates of an act the Georgia legislature passed 7 Jan. 1795 appropriating to four Yazoo land companies about thirty-five million acres of territory that the state claimed in what later became Alabama and Mississippi (C. Peter Magrath, Yazoo: Law and Politics in the New Republic [New York, 1967], esp. pp. 5–7; Albert Berry Saye, A Constitutional History of Georgia, 1732–1945 [Athens, Ga., 1948], pp. 149–50).

   Thomas Gibbons, John Adams’s nominee to be federal district judge for Georgia 24 Feb. 1801, won confirmation the next day (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:385, 386).

   Joseph Clay, born in Savannah, attended the College of New Jersey and then studied law under George Wythe. He was appointed federal judge for the district of Georgia in 1796. On 23 Feb. 1801, under the judiciary act of ten days earlier, Adams named him to the fifth U.S. circuit, an appointment Clay refused (ibid., 1:217, 383).

   Jackson probably meant James Gunn (1753–1801), a Virginia-born Revolutionary War officer who served as U.S. senator from Georgia between March 1789 and March 1801 and who was a director of the Georgia Company, one of the Yazoo land firms. The question of Gunn’s personal stake in passage of the Yazoo act may have occasioned a duel between Gunn and Jackson in the spring of 1796. Gunn died 30 July (Saye, Constitutional History of Georgia, p. 149; William Omer Foster, James Jackson, Duelist and Militant Statesman, 1757–1806 [Athens, Ga., 1960], pp. 126–27; E. Merton Coulter, Georgia: A Short History [rev. ed.; Chapel Hill, N.C., 1960], p. 203; Jackson to John Milledge, 11 Apr. 1796, in Thomas U. P. Charlton, The Life of Major General James Jackson, pt. 1 [Augusta, Ga., 1809], p. 165).

   Besides Clay, Adams named to the new southern circuit district judges John Sitgreaves of North Carolina and Thomas Bee of South Carolina; the president then replaced Sitgreaves with William H. Hill and Bee with Jacob Read. Both Sitgreaves and Bee elected to retain their district judgeships (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:383, 384; Bee to JM, 19 Mar. 1801; Levi Lincoln to Jefferson, 21 Mar. 1801 [DLC: Jefferson Papers]).

   The governor of Georgia appointed William Stith chief justice of the state supreme court in 1786. He was still on the supreme bench in 1795 (Kenneth Coleman, The American Revolution in Georgia, 1763–1789 [Athens, Ga., 1958], p. 196; Magrath, Yazoo, p. 6).

   George Walker was another leader of the Georgia Company (Saye, Constitutional History of Georgia, p. 149).

   Jackson described Stephens elsewhere as “a sound Lawyer of perfect integrity—and the least tinctured with moderate federalism of any of the old Lawyers at the bar and who has for some Years uniformly supported the Republican interest in this State.” Clay having resigned, Jefferson formally nominated Stephens to the Georgia district court in January 1802 (Jackson to Jefferson, 18 July 1801 [DNA: RG 59, LAR, 1801–9]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:401; see also Jackson to JM, 4 June 1801).

   James Jackson, who had served with JM in Congress, 1789–91, was elected governor of Georgia in 1798 and in 1801 took a second term in the U.S. Senate (Foster, James Jackson, pp. 146, 165).


Title: To James Madison from Rufus King, 15 May 1801 (Abstract)
From: King, Rufus
To: Madison, James

15 May 1801, London. No. 17. Reports that Lord St. Helens has sailed for negotiations with Russians on the subject of a northern confederacy. Since French influence remains strong in St. Petersburg, believes British may have more difficulty than they expect. Conveys word of British victory in Egypt. Acknowledges receipt of 6 May letter from Dawson, then off Start Point. Dawson reached Le Havre 9 May. King notes that he immediately wrote Murray (in Rotterdam), who “has without doubt by this time received the Presidents orders to return to Paris to complete the Convention,” and that he has written Dawson in Paris explaining that Ellsworth departed for U.S. in late March. Relays rumor that American warships have blockaded Tripoli in response to pasha’s war on U.S. commerce; hopes that report is well founded, as “the example would have a beneficial influence upon the other Barbary States.” Mentions gifts of arms and jewels being prepared for the bey of Tunis.

   RC (DNA: RG 59, DD, Great Britain, vol. 9). 3 pp.; in a clerk’s hand; docketed by Wagner, with King’s no. 18, as received 27 July. Printed in King, Life and Correspondence of Rufus King, 3:451.


Title: To James Madison from Stephen Sayre, 16 May 1801
From: Sayre, Stephen
To: Madison, James

SirBaltimore 16th. May. 1801
Being unexpectedly detain’d this day here, on my way to Philaa.—and having made my visit to Washington, for the express purpose of sounding the administration, whether I may, or may not expect their consideration & patronage; forgive me in repeating, so early, my last request, & the irresistable necessity of pressing it.
The moment of my return, I must, in good faith, represent my expectations, or disappointments to an impatient creditor—and as I never descend to hypocracy or deceit, what can I say to appease him.
Shall I tell him, that I had a very unpleasant conversation with the President, in which he express’d neither sorrow for my sufferings, or conviction of public services, or a single compliment on my uniform & unabated zeal, in the cause of our common country?—that if he has any good wishes or any fix’d intentions of calling me into the public service, he has not soothed my feelings, by the communication. Shall I tell him, I saw it necessary to retire, that I might release him from pain, & prevent myself being disliked by the man, by whom I wish’d to be beloved?
I will state a few facts respecting my present situation, & you will then see what cause I have to explain myself, openly, unreserved, & immedeately.
I am still indepted upwards of £400 Sterg to a House at Bordeaux, which I have not been able to pay—and their Agent, Mr Lynch, who is now at New York writes that he will wait no longer, unless I can pay it by some fix’d instalments. To do this, I must have some aid from Congress, on whose account it was contracted, or by the patronage of Administration. This sum was originally advanced to pay my Bills from Berlin Copenhagen, & Stockholm, by Panchaud a Banker at Paris—he wanted the money extremely in 1782 & having come into some mercantile arrangements with this House at Bordeaux, they repaid Panchaud. The Interest makes the sum now upwards of £800.
If prosecuted, I must put all my property into other hands—you may judge of the event. It stands thus, as to round sums. A landed Estate in Great Britain redeemable by paying off an inconsiderable mortgage—an Estate in Jamaica—a demand of £5000. in Philaa. Who will pursue these objects as assignees? Who will pay lawyers to save or recover this property?
It may not be good policy to expose this impending calamity—for the needy do not generally find friends—but I venture to appeal to the justice of my country—I conceive the honor of the government is connected with my own—heretofore my principles were known to be inimical to the views of the executive—have I not some foundation to hope for justice when we have an administration who are expected to consider the claims of our best citizens? In a word: will you do me the favour, after due consideration, of leting me know, what I have to expect. If you will do me the honor of giving me a few lines—address to me No 31. Philadelphia. I am with due respect &c
Stephen Sayre

   RC (DLC).

   Sayre claimed compensation from the federal government for service as Arthur Lee’s secretary during their 1777 visit to Berlin and for Sayre’s own unofficial diplomatic ventures over the next two years in Copenhagen and Stockholm, where Sayre failed to obtain financial aid for the Revolutionary cause. He first made his appeal in February 1785 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 81–83, 123–24, 223–26). In 1807 Congress finally settled his claim by awarding him £333 with interest from 1777 plus compensation for the return passage from Berlin (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 6:65).

   Stephen Sayre was graduated from the College of New Jersey in 1757. He moved to London and there was imprisoned briefly in 1775 for treasonous practices. Sayre’s finances were precarious, but by 1801 (having in 1790 married a wealthy widow) he had settled in New Jersey (John R. Alden, Stephen Sayre: American Revolutionary Adventurer [Baton Rouge, La., 1983], pp. 5, 78, 162–63, 189–90).


Title: To James Madison from Edward Thornton, 16 May 1801
From: Thornton, Edward
To: Madison, James

Sir,Philadelphia 16th May 1801.
I have the honour to acknowlege the receipt of your letter of the 11th of May with its inclosures.
I can give you no better proof of my own solicitude to prevent any violation of the neutral rights of the United States, than the circumstance of my having about six weeks ago reminded His Majesty’s Consul at Norfolk of the rule established by the American Government as to the interval required between the departure of hostile vessels from their ports, and having at a still earlier period made a similar communication to the Commander in Chief of His Majesty’s Ships on the North American Station.
It shall be my particular care to urge the observance of this regulation, as well as of that conveyed in the circular letter to the Governors of the several States: As I take it for granted, that in the latter no expression is meant to be construed so as to invalidate the just rights of His Majesty’s Subjects to a free admission (with the public or private Ships they command as well as their prizes) and to an hospitable reception, in the ports of the United States, whenever circumstances may render it necessary or expedient. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.

   RC (DNA: RG 59, NFL, Great Britain, vol. 2); Tr (PRO: Foreign Office, ser. 5, 32:119).

   Edmund Randolph’s 16 Apr. 1795 circular letter informed the governors that it was contrary to the law of nations for any warships of belligerent powers to carry on hostile expeditions in U.S. waters, and it instructed them to notify the commanders of such vessels that the president considered such action contrary to American neutrality (DNA: RG 59, Domestic Letters, vol. 8).


Title: To James Madison from James Leander Cathcart, 16 May 1801 (Abstract)
From: Cathcart, James Leander
To: Madison, James

16 May 1801, Tripoli. No. 6. Recounts further deterioration in U.S.-Tripolitan relations since 19 Apr. Reports pasha’s ceremonial declaration of war, when U.S. flagstaff was cut down. Encloses letter to pasha of 26 Apr. and message of 11 May protesting war threats and treatment of U.S. flag. Has reached an agreement (copy enclosed) with Danish consul, who will tend to American affairs, including care of any U.S. prisoners of war, during Cathcart’s absence. Plans to embark for Tunis as soon as possible.

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 1, pt. 2). RC 10 pp.; addressed to Marshall; marked triplicate; in a clerk’s hand, except for Cathcart’s signature and postscript; docketed by Wagner as received 26 Sept. Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:455–60. Enclosures 8 pp. Extract from RC published in National Intelligencer, 6 Jan. 1802.

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


Title: To James Madison from William England, 16 May 1801 (Abstract)
From: England, William
To: Madison, James

16 May 1801, Malta. His letter of 25 Mar. [not found] enclosed dispatches from Cathcart. Has also forwarded dispatches by Messina on Ragusan vessel bound to Boston. Has informed U.S. consuls in Mediterranean ports of current situation so they can stop vessels from falling into Tripolitan hands. As noted in his last letter, England was commissioned by former government of Malta to act as U.S. consul in order of 17 Dec. 1796 but could forward no copy because after French possession of island, papers in chancery were burned; requests “Congresses Approbation.”

   RC (DNA: RG 59, CD, Malta, vol. 1). 2 pp.; addressed to Marshall.

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


Title: To James Madison from Henry J. Hutchins, 16 May 1801 (Abstract)
From: Hutchins, Henry J.
To: Madison, James

16 May 1801, Philadelphia. Concerns claims on behalf of American owners of a cargo captured by British in 1798. Enclosures give account of condemnation of cargo “on suspicion that there might have been French Property on board.” Property worth about $26,744 was sold in Jamaica for $14,297, the “latter Sum being the utmost that we can obtain if the Decree of the Vice Admiralty Court should be reversed in England.” Asks JM to acknowledge receipt of the letter.

   RC and enclosures (DNA: RG 76, British Spoliations, 1794–1824, box 5). RC 2 pp. Enclosures (15 pp.) include affidavit of captain of Polly and copy of condemnation proceedings.


Title: To James Madison from David Moffett, 16 May 1801 (Abstract)
From: Moffett, David
To: Madison, James

16 May 1801, Philadelphia. Recites facts establishing his citizenship and ownership of the Fair American, which was anchored off Jacmel when seized by “armed men from the British Frigate Circe.” British took ship as a prize to Jamaica, and case will come before Vice-Admiralty Court there in June. Captain of Fair American has returned to Philadelphia. Asks for government aid “in Obtaining redress from this outrage on our Commerce” and also return of his brother, who was an officer on the vessel and is now detained on board the Circe.

   RC and enclosure (DNA: RG 76, British Spoliations, 1794–1824, box 2). RC 4 pp.; in a clerk’s hand, signed by Moffett; docketed by Wagner as received 2 June. Enclosure (3 pp.) is an affidavit concerning Moffett’s citizenship and ownership of the Fair American and its cargo, attested by James Little and Mathew Lawler.


Title: To James Madison from James Monroe, 17 May 1801
From: Monroe, James
To: Madison, James

Dear SirRichmond May 17. 1801.
I found on my return from Albemarle the day before yesterday yours of the 6th. wh. had arrived in my absence. Mrs. M. who recd. it forwarded immediately to Callendar that which was enclosed to him, very properly concluding it was more important he shod. receive it without delay, than that I shod. previously peruse it. As I do not know precisely the contents of yr. letter to him, I can make no comment on it. The fine had been paid, by means whereof Callendar obtained his enlargment. In that state the remission by the President found the case, and the Marshall who had recd. the fine and who at first looked out for Callendar to restore it, afterwards on reflection declined doing so. It was understood that he had written to Mr. Lincoln for instruction how to act and was then disposed to repay the money if order’d so to do. But it was afterwards reported that he had changed his mind in that respect also, and had resolved not to pay it to him even in obedience to orders. This latter information I recd. thro’ a channel wh. left no doubt of its truth. I communicated it to Captn. Jarvis when here with a request he wod. make it known to the President, and I suggested at the time an idea that it might be better to let the affr. have its course than for the Executive to have collision with a marshall who might be gratified with an opportunity to thwart its views, under existing circumstances, especially in a case in wh. his sensibility must have been excited. Since my return I have heard nothing further of the affair, either respecting its state here or elsewhere, other than what is contained in yr. letter. The fine was paid to the Marshall, by subscription, and when it was heard that the money was with-held from Callendar as above, some of the same pe⟨r⟩sons who had contributed to raise that sum, were willing to contribute to raise a like sum a second time, which shod. be paid to him in satisfaction of his claim on it by virtue of the remission by the President. Those persons were willing to incur that charge rather than that a man who had been a victim to the principles avowed by the State shod. have any cause of complaint, or the Executive be engaged in collision with the Marshall on a point connected with it, but which involved a question of a different nature. With this view 30. dolrs. were actually paid to Callendar, tho’ he understood the advance in the light of a loan only.
The letter from Mr. Skipwith was enclosed to you by the post. I suspect it was opened by Mr. Lincoln, as I think Mr. Jefferson informed me he had recd a letter of that kind, from Mr. Skipwith, addressed to some other person, that is, not to him. It intimated his & Mr. Barlows willingness to serve in France. The President misunderstood a communication wh. I made of what wod. be acceptable to Mr. Ervine. He had taken up an idea he wod. accept a consulate to Edinburg or Glasgow but I had no reason to believe he had any such wish. I intimated he wished some diplomatick employment, secryship of legation to Paris, or London or office of Consul general to London: Tho I presume if no one was appointed consul genl., he wod. accept the consulship to London. I hope yr. health will be soon reestablished and that we shall meet sometime in the summer in Albemarle. Sincerely I am yours

   RC (ViU). Signature clipped; docketed by JM.


Title: To James Madison from James C. Mountflorence, 17 May 1801
From: Mountflorence, James C.
To: Madison, James

SirParis 17h. May 1801
The Maryland arrived at Havre the 9th. inst. Mr. Dawson repaired to this Place on 13th. By his Request I communicated to the private Secretary of the Minister of Exterior Relations, the same Night, his Arrival, & that he had Despatches from Government to deliver. The Minister who was at his Seat in the Country returned the next day, and received with great Politeness Mr. Dawson. We all hope & believe that the modified Ratification of the late Convention will be adopted by this Government.
I have the Honor, Sir, to inclose to you a Copy of the last Letter I have received from Mr. Willis, our Consul at Barcelona, also a Copy of Mr. Cathcart Circular, & a List of the American Vessels in that Port.
I have lately procured, Sir, from the Minister of Marine, the Release of Fifteen of our Sailors captured on Board English Vessels. With great Respect I have the Honor to be Sir Your most obedient and most humble Servant
Js. C. Mountflorence Quay Malaquais No. 1

   RC and enclosures (DNA: RG 59, CD, Paris, vol. 1). RC docketed by Wagner. For enclosures, see n. 1.

   Willis wrote Mountflorence on 29 Apr. asking him to send to all ports the appended text of O’Brien’s 5 Apr. circular letter warning American citizens of impending danger. Another copy of Cathcart’s 21 Feb. circular letter (see Mountflorence to JM, 17 Apr. 1801) may also have been enclosed. The “List of American Vessels in the Port of Barcelona” mentioned eighteen ships.

   Mountflorence, who had been for several years chancellor of the American consulate in Paris, assumed duties as commercial agent there in January 1801 (Peter P. Hill, William Vans Murray, Federalist Diplomat: The Shaping of the Peace with France, 1797–1801 [Syracuse, N.Y., 1971], p. 145).


Title: To James Madison from Fontaine Maury, 17 May 1801 (Abstract)
From: Maury, Fontaine
To: Madison, James

17 May 1801, Fredericksburg. Wishes to be considered for collectorship at Alexandria; JM will receive letters from Monroe and others on his behalf. Encloses letters for John Dawson, which the emissary ordered forwarded through Department of State.

   RC (DLC). 1 p. Maury had handled the Madison family business affairs in Fredericksburg (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 12:88 n. 2).


Title: From James Madison to Israel Whelen, 18 May 1801
From: Madison, James
To: Whelen, Israel

SirDepartment of state: Washington, 18 May 1801.
Be pleased to examine what timber is in Mr. Humphreys possession (except live-oak) which will suit the Algerine order and enquire what further quantity may be had at Philadelphia and on what terms. The utmost dispatch is necessary, in making your report. I am, Sir, very respectfully your most obed. servt.
James Madison

   RC (MB). In Wagner’s hand, signed and franked by JM; docketed by a clerk as received 21 May, with the notation “replied to same day.”


Title: To James Madison from Albert Gallatin, [18 May] 1801
From: Gallatin, Albert
To: Madison, James

Dr Sir[18 May 1801]
I find that all Commissions are made out in your office. Those agreed upon yesterday & which, the President, conceiving they were made out in this office, had directed me to prepare are
Connecticut
Samuel Bishop Collector of New Haven vice E. Goodrich
Alexander Wolcott Collector of Middletown vice
Ephraim Kirby Supervisor of Connecticut vice John Chester
New Jersey
John Hurd Collector of Amboy vice  Bell
New commissions to be also made out to Samuel Bosworth & Nathaniel Philips respectively Surveyors of “Bristol” and “Warren & B⟨arrington.”⟩ […] The circumstances of the case of George House first mate of the Revenue Cutter “Argus” will appear in your office where all commissions are recorded vizt. Was he first mate when Capn. Maltb⟨ie⟩ died & Hinman was appointed in his place? Is he still first mate? Was Hinman in any other commission before?
If it be ascertained that his representation is just & the President shall direct that he be appointed Capn., a first mate should also be appointed in his place. I would, however, suggest the propriety of doing the whole business at once in that State, & of issuing his commission at the same time with those to […]

   RC (DLC). Bottom portion of RC missing, eliminating several lines from each side of the sheet. Docketed by JM. For conjectural date, see n. 1.

   Jefferson and the cabinet discussed the appointments to which this memorandum refers at a meeting on 17 May 1801 (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 1:295).

   National Intelligencer, 29 May 1801.

   Wolcott replaced Chauncey Whittlesey (ibid., 7 Aug. 1801).

   Ibid.

   Jefferson in June named Daniel Marsh to replace Andrew Bell as collector and inspector of the revenue at Perth Amboy, New Jersey, and in January 1802 formally nominated John Heard to be federal marshal in New Jersey. In May of that year, Marsh having died, Heard assumed the duties of collector at Perth Amboy (ibid., 22 June 1801; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:403, 425; see also Burr to JM, 30 June 1801; and Burr to Gallatin, 10 Aug. 1801, Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:613–14 and n. 1).

   Bosworth and Phillips had been nominated by John Adams in March 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:388).

   See House to JM, 3 May 1801.


Title: To James Madison from Louis-André Pichon, 18 May 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

18 May 1801, Philadelphia. Discusses his wish for restitution of $15,000 that his predecessor, Létombe, left in U.S. when he lost his diplomatic recognition. Notes that Clement Biddle had deposited that amount in U.S. treasury and that apparently the treasury secretary intends to apply it to the cost of aiding French refugees from Saint-Domingue in 1793. Objects to that plan, which only unfortunate circumstances could have suggested. Argues that peace and reestablishment of French legation remove obstacles to restoration of funds, which are needed to prepare Berceau for sailing.

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:248–49). RC 2 pp.; written in French; in a clerk’s hand; addressed, dated, and signed by Pichon.


Title: To James Madison from Israel Whelen, 18 May 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

18 May 1801, Philadelphia. Acknowledges JM’s letter of 13 May regarding George Washington cargo for Algiers; reports that timber, gunpowder, nails, and spikes are still to be procured. Pledges to do all in his power to hasten ship’s departure.

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Wagner as received 21 May.


Title: To James Madison from David Humphreys, 19 May 1801 (Abstract)
From: Humphreys, David
To: Madison, James

19 May 1801, Madrid. No. 278. Sends correspondence with Spanish ministers on the award in favor of Americans Gregory and Scobie, observing that the many documents furnish “a small specimen of the tedious manner in which business is done at this Court.” Also transmits correspondence with Spanish officials regarding the vessel Swansborough, which has been seized and condemned by Spanish. Relates news of British-French battle in Egypt. Encloses list of Spanish and French forces to be used against Portugal. Transmits copies of correspondence with O’Brien.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 5). RC 4 pp.; originally dated March, corrected in pencil; docketed by Wagner. Enclosures 44 pp., partly in Spanish.


Title: Dispatching a Naval Squadron to the Mediterranean, 20–21 May 1801 (Editorial Note)
From:
To:

Editorial Note
On 20 and 21 May 1801 JM signed letters announcing the sailing of an American naval expedition to the Mediterranean. Circular letters went to the American ministers in Europe and to consuls in the Mediterranean, while special instructions were sent to the consuls in Tunis, Tripoli, and Algiers. This flurry of correspondence had the purpose of instructing these agents to assist the expedition and to make its limited goals known throughout the area.
Diplomatic relations between the North African regency of Tripoli and the United States were confused from the beginning, chiefly because Americans misinterpreted the link between the regencies of Algiers and Tripoli. The changes that Tripoli was undergoing in the late 1790s—its growing navy, its political and economic independence in the area—rapidly altered the subordinate position that Tripoli had held relative to Algiers and Tunis throughout the eighteenth century. The twelfth article of the American treaty of 1796 with Tripoli had designated the dey of Algiers as protector and guarantor of its provisions, and the treaty was accorded a separate signing ceremony in Algiers. These circumstances appeared to place Tripoli in a subsidiary role to Algiers. Article 10, specifying that “no pretence of any periodical tribute or farther payment is ever to be made by either party,” denied Tripoli the annual tribute that the United States guaranteed Algiers and later Tunis. Instead, for signing the treaty Yusuf Pasha Qaramanli received an immediate present of forty thousand Spanish dollars and the promise of further presents upon the arrival of an American consul (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:364–74).
The American consul, James Leander Cathcart, arrived at Tripoli on 5 April 1799, nearly two years after the Senate ratified the treaty and without all the presents promised by the Americans. On Cathcart’s arrival, the pasha immediately demanded a brig (which he claimed O’Brien had promised) similar to one given the dey of Algiers. Yusuf addressed a letter to the American president on 15 April 1799, assuring Adams that Tripoli would maintain peace “provided you are Willing to treat us as you do the two other Regencies, without any difference being made between us” (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:322–23).
Relations between the two nations worsened in the autumn of 1800. In September a Tripolitan corsair captured the American brig Catherine near Majorca and conducted it to Tripoli. As Cathcart explained in his October correspondence to officials in Washington, the pasha immediately ordered the vessel’s release but took the occasion to make demands in violation of articles 10 and 12 of the treaty, insisting that Tripoli receive an annual tribute. After the conclusion of preliminary peace negotiations between Sweden and Tripoli (setting a $250,000 peace settlement and an annual tribute of $20,000), Cathcart notified Americans on 3 January 1801 that they could expect the Tripolitans to be more aggressive in their demands upon the United States (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:372, 382–84, 390, 391–97; Cathcart’s 3 Jan. 1801 circular, enclosed in Humphreys to JM, 6 Mar. 1801).
Cathcart’s October correspondence reached Jefferson’s desk in March 1801, prompting acting secretary of state Levi Lincoln to anticipate the dispatch of an American naval force to the Mediterranean “to guard against exigences or by a demonstration of our power to reduce the capricious Sovereigns of Barbary to a sense of justice, thro’ the medium of their fears.” By late April Cathcart’s 3 January circular letter had also reached Washington, making the prompt sailing of a naval force to protect American commerce even more critical (Lincoln to Eaton, 21 Mar. 1801 [DNA: RG 59, IC, vol. 1]; National Intelligencer, 27 Apr. 1801).
With Gallatin’s arrival in Washington on 13 May, Jefferson had his cabinet together. When he met with them on 15 May, the questions at hand were: “Shall the squadron now at Norfolk be ordered to cruise in the Mediterranean. What shall be the object of the cruise.” All agreed on the expediency of a cruise. Discussion centered on the constitutional provisions for making war. Lincoln urged that the executive branch maintain a narrow definition of war. American men-of-war could repulse attacks but not seek out and destroy Tripolitan vessels. On the other hand, Gallatin claimed that declaring war and making war were synonymous. If Congress or an enemy declared war, the executive was authorized to command and direct the public force. If war began, General Smith maintained, the executive “is bound to apply the public force to defend the country.” “The expedition should go forward openly to protect our commerce against the threatened hostilities of Tripoli,” Dearborn urged. JM agreed with his colleagues that the cruise ought to be undertaken, and he supported Dearborn’s view that the object ought to be—as he added—”openly declared to every nation” (Jefferson’s cabinet notes, 15 May 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 1:293–94).
Jefferson’s decision to dispatch the squadron was not a break with past policy on tribute toward the Barbary regencies. The president told the pasha the squadron’s role was one of observation, “to superintend the safety of our commerce there, and to exercise our seamen in nautical duties.” Nowhere did Jefferson express opposition to the payment of tribute when it was a treaty obligation. Indeed, he wrote Monroe on 29 May that, unlike Tripoli, Algiers “threatens and has a right, there being 3. years arrears of tribute due to her, while our Treasury has been overflowing with money.” Yet the squadron would arrive in the Mediterranean prepared for more than observation, because its commander, Captain Richard Dale, carried instructions from Samuel Smith authorizing him in the case of a declared war by all the Barbary powers “to protect our commerce & chastise their insolence” (Jefferson to Monroe, 29 May 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:61–62; Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:465–69, 470).
Within a week of the 15 May cabinet meeting JM announced the decision through diplomatic channels, thus implementing his suggestion that the expedition’s aims should be explicitly set forth to other nations. (Secondary sources used for this note: Folayan, Tripoli during the Reign of Yusuf Pasha Qaramanli, pp. 25–35; Ray W. Irwin, The Diplomatic Relations of the United States with the Barbary Powers, 1776–1816 [Chapel Hill, N.C., 1931], pp. 84–105; Allen, Our Navy and the Barbary Corsairs, pp. 59–60, 66–67, 88–93.)


Title: To James Madison from Andrew Ellicott, 20 May 1801
From: Ellicott, Andrew
To: Madison, James

Dear SirPhiladelphia May 20th. 1801
Your favour of the 8th. did not come to hand till the 12th. I should have acknowledged the receipt of it immediately, but was prevented by a complaint in my head, which was occasioned in the first instance by the hardships I underwent on our southern boundary, and in sitting up night after night for whole weeks, that no one observation should be lost, or care wanting, to fix with precision the latitude, and longitude of the different points in the line, added to a prodigious deal of intricate calculation, in which I could derive no assistance from any person employed by either of the nations, except Mr. Dunbar, and he was with us but a few weeks. This complaint has been increasing ever since my return, which I am confident is wholy owing to embarrassments which I had no reason to expect, and which have produced a complete sacrifice of almost every thing I could call my own. My Theodelet which a few years ago cost 12 Guineas in London, brought me but 24 dollars, and a pentagraph of 5 Guineas, produced but 6 dollars, several other valuable instruments went in the same way, with a good library of scientific books—I could do no better. During my absence I sacrificed at all times ease, and comfort, to economy, and when quarters could not be had rent free, I chose in every instance to reside in the fields, or in the woods. I arrived at the Town of Natchez on the 24th. of March 1797 and lived in the fields, and woods, till the 27th. of September following, and then went to a house in town, which was furnished by Mr. Dunbar without any consideration. In new Orleans quarters were provided for the escort, and myself, without any expense to our government. At Pensacola (where Col. Hawkins, and myself were detained by the opposition of the indians, from the 24th of May 1799, till the 24th. of June following), I was accomodated with a good house, well furnished, with every thing necessary, even servants—at whose expense I do not know, but am certain it was not at that of our government. When I arrived at St. Mary’s on the 8th. of December 1799, I found that neither quarters, nor wood could be had without some expense with the inhabitants, I therefore went into the woods near Point Peter among the wood cutters, who were cutting timber for our Navy, and resided without any other expense, than that of provis[i]on, till the 20th. of January 1800, when we proceeded to the source of the St. Mary’s. After completing our business at that place, I repaired to the south end of Cumberland Island, and lived in the woods till the reports were signed on the 11th. of April: And to save money to the publick, I navigated the vessel containing our apparatus, baggage &c. round from West Florida, to St. Mary’s, by the way of the West indies, with the aid of two illiterate sailors. Genl. Wilkinson to perform nearly the same voyage, was accomodated with a Frigate—so much more valuable is the profession of arms, than of science: And I am confident that more work was done on the boundary, than has been executed by the whole of the American army for five years past. Add to this, I furnished as has been already stated in a former communication instruments, and other articles, to the value of 1500 dollars, which could not have been done by any other person in the United States. The principal part of my camp furniture was my own property, and one of the servants I paid out of my own money. My numerous communications in your office will shew with what fidelity I attended to the interests of our country: and my astronomical observations, (92 pages of which have already been forwarded to the President,) will be printed in about two weeks, and bear testimony to this fact, however extraordinary it may appear, that they are not only more numerous than the agregate of the whole number made by all the natives of our country since its first settlement, but more so than all the recorded observations made on this continent. My charts, of the principal rivers in the Floridas, may be considered as a work of great labour, and really was so to me, for after labouring a whole day in a canoe I have spent more than half the night, in laying down the courses of the waters we were navigating. My journal, correspondence, astronomical observations, and charts will account for every hour I spent while absent. The general state of the country thro which we passed—the navigation of the Rivers—the system of commerce, and the geographical positions, of the various places of importance, are objects to which I attended in a particular manner, and should be happy to converse with you on those subjects, and many others relative to that country which I concieve to be of importance.
On my return home, which was a few days after the close of the last session of Congr⟨ess⟩ but one, I was waited upon by almost every member of the two houses then in this City, who complimented me on what they were pleased to term the important services I had rendered the country—the difficulties I had experienced from the Spanish government, Blunt’s business, and the indians were fresh in their minds, and it was the opinion of the whole of them that I ought to be liberally rewarded; but I never asked, nor expected more than my pay, if that expectation had been realized I should not have had the mortification of sacrificing a number of valuable articles to procure bread for my children, which owing to a constitution, injured by a bad climate, I am unable to obtain by hard labour.
With respect to Mr. Anderson’s accounts it is impossible that I should be acquainted with them—to the best of my recollection he was not with me more than half the time I was on the boundary—his business was frequently at a distance from mine; but had he been with me, I should not have interfered—he was instructed to “keep his accounts ready for settlement with the Auditor,” and I have every reason to think him a man of singular integrity. My accounts with him as treasurer, and cashier for the publick on the boundary, have been long closed, and the ballance due him from me on that account is 1199.94/100 dollars, which added to the advances made by your department to my family during my absence, was every farthing I had received till a few days ago, and which was due for house rent before it was received. All those sums amount to little more than half my pay.
Nothing but the want of money prevented my being in the City of Washington some months ago, and nothing else will prevent my being there in less than three weeks. I have the honour to be with great respect and esteem your friend and Hbe. Servt.
Andw; Ellicott.

   RC (DLC).

   In 1796, following Pinckney’s treaty with Spain, Washington had named Ellicott U.S. commissioner responsible for running the boundary between American and Spanish possessions in the Southeast. As that boundary the treaty established “a line beginning on the River Mississippi at the Norther[n]most part of the thirty first degree of latitude North of the Equator, which from thence shall be drawn due East to the middle of the River Apalachicola or Catahouche, thence along the middle thereof to its junction with the Flint, thence straight to the head of St. Mary’s River, and thence down the middle there of to the Atlantic Occean [sic]” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:320).

   Federalist Benjamin Hawkins (1754–1816) served after 1797 as agent to the Creek nation and superintendent of all Indians living south of the Ohio River. On Indian opposition to the Ellicott party, see Thomas P. Abernethy, The South in the New Nation, 1789–1819, A History of the South, ed. Wendell Holmes Stephenson and E. Merton Coulter, vol. 4 (Baton Rouge, La., 1961), pp. 242–43.

   JM finally allowed Ellicott $332 for these expenses (see Gallatin to JM, 24 July 1801, n. 1).

   See Ellicott’s list of letters to the secretary of state, 1 Apr. 1797–23 Mar. 1800 (DLC).

   Later published as The Journal of Andrew Ellicott, … during Part of the Year 1796, the Years 1797, 1798, 1799, and Part of the Year 1800: For Determining the Boundary between the United States and the Possessions of His Catholic Majesty in America … (Philadelphia, 1803).

   Ellicott’s difficulties with the Spaniards and his reports of western conspiracies are reviewed in John C. Van Horne, “Andrew Ellicott’s Mission to Natchez (1796–1798),” Journal of Mississippi History, 45 (1983): 160–85.

   Charles Anderson served as commissary and disbursing officer on the Ellicott boundary expedition, the accounts for which in the summer of 1801 showed a balance due the U.S. first of $1,350 and later of $632. Anderson himself apparently was due $3,132 (DNA: RG 217, Misc. Treasury Accounts, nos. 12,494, 12,502, and 12,509).

   Andrew Ellicott, Pennsylvania native and Revolutionary veteran, helped to complete the Mason-Dixon line and to survey the District of Columbia before being named commissioner to establish the southern boundary. Secretary of State Timothy Pickering ignored Ellicott’s warning of western plots involving the British and so severely questioned his accounting of expenses that the Jefferson administration conducted its own inquiry (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:210; Arthur Preston Whitaker, The Mississippi Question, 1795–1803: A Study in Trade, Politics, and Diplomacy [New York, 1934], pp. 58–67, 103–4).


Title: To James Madison from William Vans Murray, 20 May 1801
From: Murray, William Vans
To: Madison, James

No. 134.
Sir,The Hague 20 May 1801.
To day I had the honour to receive your letter of the eighteenth of March, by which I am informed that it is the President’s pleasure that I set off for Paris to exchange the Ratifications of the Convention between the United States and France, and to settle the ulterior points connected with that subject.
I shall obey the commands with which The President has honoured me; and shall set out for Paris as soon as possible—I hope the day after to-morrow. Mr. Dawson, will as he informs me, deliver there the necessary official papers.
I regret that the departure of Mr. Elsworth from England for America—of which my London letters of the 3d inst. speak, deprives our country of the benefit of that superior judgment and knowledge which would have given greater confidence to my zeal.
If the article to be added be that of Limitation for 8 or 10 years, there may be some objection & delay. Permit me Sir to suggest to you the eventual utility there may be in giving me precise orders by which I may govern myself should that article produce some contingency like the following—that they would agree to strike out the article excepted to by the Senate, provided we would not press the Limitation; or that they agree to admit the Limitation, if the 2d article be retained, on the ground that during the term they still have us under a Treaty engagement to renew the negociation on points interesting to their Pride—alternatives like these may be the pretexts for delay.
Against the admission of the new article they will perhaps object, that the policy secured by the 6th. article of the Convention is defeated. That the equality under it was obtained in consideration of some other points of a temporary sort, & which will be accomplished in our favour before the expiration of the term to which we would limit the Convention: that part of the stipulation in our favour under the 4th. article has already been gratify’d—and that though they would not pay for spoliations yet that they consider the perpetuity of the 6th. article as something in lieu of the exclusive perpetual priviledges under the old Treaty of Commerce—this objection to which I attach little solidity if made and persisted in may leave me in a difficult position.
You will pardon the solicitude which I feel in the wish that I may find as little as possible left to my discretion. The case may & probably is provided for in my instructions, which I have not seen.
Circumstances may be as they have hitherto proved rather favourable to us—particularly if it be true that they are to have the Floridas & Louisiana, as in that case there will exist a new temporary interest to be well with the U. S.—& they may make a small sacrifice of pride to a solid & extensive plan, of which that cession, if made, will be the basis! I am with great respect Sir Yr. Mo. ob. servant &c &c &c
W. V. Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Addressed to Lincoln as secretary of state.

   Chief Justice Oliver Ellsworth was sent to France as one of the three commissioners (the others were Murray and William R. Davie) appointed by President Adams to negotiate a settlement of Franco-American problems. After signing the preliminary treaty, Ellsworth departed for home but was delayed in England by ill health until the spring.

   Lincoln explained the Senate’s insistence on the addition of an article limiting the duration of the convention: “It is perhaps unwise policy in any nation to bind itself perpetually by an act which requires the consent of another nation to annul” (Lincoln to Ellsworth and Murray, [18] Mar. 1801 [DNA: RG 59, IC, vol. 1]).

   Article 2 effectively suspended the Franco-American treaties of 1778 and the 14 Nov. 1788 convention regarding “indemnities mutually due, or claimed.” By suppressing article 2 the Senate sidestepped the issue of U.S. obligations under the 1778 Treaty of Alliance but also badly undercut any right to “Satisfaction for all Matter of Damage” committed by French privateers as provided in article 17 of the Treaty of Amity and Commerce. Murray correctly noted that the French would likely agree to suppress the second article of the 1800 convention only if the American government were willing to give ground on the indemnification issue (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:15–16, 458–59, 462; Hill, William Vans Murray, pp. 206–7).


Title: To James Madison from Hubbard Taylor, 20 May 1801
From: Taylor, Hubbard
To: Madison, James

Dear sirClarke County Kentucky 20th. May 1801
In consequence of a letter from my old and worthy friend your father dated last fall, I have lately drawn on him for 66⅔ dollars, in favor of John Lourdin of Lexington in this state, with a promise to get the bill negociated with Robt. Patton of Frdricksg. Since this transaction, I have been informed of your fathers death and altho I had written him what I had done, which probably has fallen into your hands, I have taken the liberty to advise you of it & hope you will see the bill paid. The Money is for the purpose of taxes &c. both State, & Federal, that are now due & those of the former, that shall become due on the Lands I have been requested to attend to, by my departed friend—and which I shall with pleasure continue to do, unless otherwise directed by you, or some person properly authorised to forbid it. The dispursements of the Monies that have & shall be paid [by] my orders on the business shall be accounted for, from time, to time, as the payments are made.
There will be a deposit of the draft remaining in my hands after all the demands now against the Lands are satisfyed, but I could not get a bill of a less dignity conveniently negotiated.
While I am writing I cannot but express my heart felt joy to find so general a satisfaction pervade the Country I live in, at the election of Mr. Jefferson—which seems to have considerably encreased at his appointments, already made. Give me leave to assure you sir, that your acceptance of the Office of Secretary of State, adds greatly to the confidence of all the Kentuckians and well wishers to the new administration. I therefore most cordially congratulate you on the event, being well ⟨con⟩vinced that the love of your Country, has been the only motive that has induced you to step forward into political life at this juncture of public affairs. God grant that your labors may be better rewarded than they have heatherto been by a misguided Count[r]y thro the influence of an ⟨entin[s]led?⟩ junto, wh. I hope is now crumbling away never to unite again.
I am well aware of many difficulties, the new administration will have to combat with, it behoves every republican to be upon the watch, and to check any errors of the warm enthusiest of the same sentiments, who tho, well meaning look too anxiously for sudden and radical changes, this seems to be the policy of the judicious & ⟨sturdy⟩ part of the community in this quarter, which to gether with a jealous care of our elections a prompt obedience to the Laws will I trust ere its long bring us again on the firm basis of true Republicanism and make us a rich, happy & peacefull nation.
I have just recollected that in a letter to your father I had suggested to him the proprietety of resurveying the Lands he has in the lower parts of this Country, I propose to take that method with my own & make the corners more notible—and designate some natural objects for the greater future certainty of Identifying them—great evils already exist in this Count[r]y for want of a more specially in the discriptions of the Certifts. of survey. If this strikes you as proper, and you are intersteed [sic] in those Lands on P. Creek, you can signify to me your wish. My Land lies in the same quarter and I can do yours, or have it done, if required.
My best wishes for your health & happiness & beleave me to be with the greates[t] reguard & Esteem yr respectful Friend
H. Taylor.

   RC (DLC). Docketed by JM.

   Beginning in 1780 JM’s father and brothers Ambrose and William had joined with George Mason and others in registering extensive claims to Kentucky lands on and near Panther Creek, not far from its mouth on the Green River and south of present-day Owensboro. Title to James Madison, Sr.’s 10,000-acre claim had been legally encumbered for many years, and in the spring of 1801 a case being appealed to the Supreme Court threatened to invalidate it (Ketcham, James Madison, pp. 145–46; papers related to Madison and Mason land claims in Kentucky [DLC, vol. 91]; Joseph H. Daveiss to JM, 4 Nov. 1801 [DLC]).

   On the bewildering complexity of Kentucky land claims in this period, including difficulties arising from crude or inaccurate surveys, see Mary K. Bonsteel Tachau, Federal Courts in the Early Republic: Kentucky, 1789–1816 (Princeton, N.J., 1978), pp. 167–90.

   Hubbard Taylor (1760–1845), JM’s distant kinsman, was born in Caroline County, Virginia, and moved to Kentucky in 1790. There he acted as surveyor for the Madisons and Masons (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 8:455 n. 5; Daveiss to JM, 4 Nov. 1801 [DLC]; 1 Cranch 50).


Title: To James Madison from Stephen Moylan, 20 May 1801 (Abstract)
From: Moylan, Stephen
To: Madison, James

20 May 1801, Philadelphia. Has paid rent [on house that he leases from John Todd estate] of $100 through 2 May; mentions repairs, which cost about $6, and redecorating he has done on his own account.

   RC (DLC). 1 p.; docketed by JM.


Title: To James Madison from Joseph Ignatius de Viar, 20 May 1801 (Abstract)
From: Viar, Joseph Ignatius de
To: Madison, James

20 May 1801, Philadelphia. Congratulates JM on appointment as secretary of state and encloses letter to Mrs. Madison.

   RC (DLC). 1 p. Enclosed Viar to Dolley Madison, 20 May 1801 (ViU).


Title: Circular Letter to American Consuls, Mediterranean, 21 May 1801
From: Madison, James
To: American Consuls, Mediterranean

SirDepartment of state: Washington, May 21st. 1801.
The proofs which have been received of the hostile purposes of the Bashaw of Tripoli having imposed upon the President the obligation of providing immediately for the safety of our Mediterranean commerce, he has judged proper to send to the coast of Barbary a squadron of three frigates and a sloop of war, under the command of Commodore Dale. The squadron will sail in a very few days from this date. Should war have been declared or hostilities commenced, Commodore Dale is instructed to make the most effectual use of his force for the object to which it is destined. Should the means employed by our Consuls and those which accompany this expedition for obviating such an event, be successful, the squadron then, after cruizing for some time in the Mediterranean, perhaps, if circumstances should not forbid, into the Levant and towards Constantinople, will return to the United States. The expedition will, by this means, be not without its use. Whatever may be the state of things on its arrival, it will have the effect, from which so much advantage has been promised by our Consul and others, of exhibiting to the Barbary powers a naval force from the United States. It will exercise our mariners and instruct our officers in the line of their service and in a sea, where more than any other, their services may be wanted; and, as they form a part of the peace establishment fixed by law, the measure will add but inconsiderably to the expense that would otherwise be incurred. The United States being also hap[p]ily at peace with all the powers of Europe, the moment is the more favourable in every view that can be taken of it.
The President has thought proper that you should be furnished with the Information here given, in order, first, that you may be ready to afford every friendly and useful accommodation that occasions may admit, to the Squadron or any part of it; secondly, that being poss[ess]ed of the objects of the expedition, and the considerations which led to it, you may be able by proper explanations, to prevent its being misunderstood. The United States persist ste[a]dfastly in their desire of living in peace and friendship with all nations who will permit them, and on all occasions where assurances to that effect can be proper, you are authorized to make them in the most satisfactory manner. I am, with great consideration, sir, your very obed. servant,
James Madison

   RC (MdAN); letterbook copy (DNA: RG 59, IC, vol. 1); Tr (DNA: RG 233). RC addressed to Frederick H. Wollaston, Genoa; in Wagner’s and another clerk’s hands, signed by JM; docketed by Wollaston. Note on letterbook copy indicates that copies (dates varied slightly)were also sent to Thomas Bulkeley, Lisbon; John Gavino, Gibraltar; Anthony Terry (acting consul), Cádiz; James Simpson, Tangier; William Kirkpatrick, Málaga; William Willis, Barcelona; Robert Montgomery, Alicante; John Mathieu, Naples; Thomas Appleton, Leghorn; John Lamson, Trieste; and Stephen Cathalan, Jr. (consular agent), Marseilles.

   For the 3 Mar. 1801 act reducing the number of ships and men in the navy, see U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:110–11.


Title: Circular Letter to American Ministers, 21 May 1801
From: Madison, James
To: American Ministers

Sir,Department of State Washington 21st. May 1801
For a considerable time past, suspicions have prevailed, that a rupture with the United States was intended by the Bashaw of Tripoli. Of late the alarms and proofs have been such, as to impose on the President the obligation of making immediately the most effectual provision within his authority, for the defence and protection of our Mediterranean commerce, in case it should be attacked from that quarter. At the last session of Congress six Frigates were directed by law to be kept as a Peace establishment: Out of this force, three frigates, and also a Sloop of War have been equipped and will sail for the Mediterranean in a few days under the command of Commodore Dale. Should war have been declared or hostilities be actually commenced against our trade, this force will be employed in the most effectual manner for its safety. Should the means which have been or may be employed to obviate the necessity of such an application of the force, be successful, the Squadron after cruising a sufficient time in the Mediterranean, perhaps if circumstances should not render it unadvisable, as far as the Levant and towards Constantinople, will return to the United States. The expedition will by this means be not without its use, whatever may be the state of things on its arrival. It will have the effect, from which so much advantage has been promised by our Consuls and others, of exhibiting to the Barbary powers, a respectable specimen of the Naval faculties of the United States. It will exercise our mariners and instruct our Officers in the line of their service, and in a sea, which it may be particularly useful for them to understand. And as they form a part of the Peace establishment, the measure will add but inconsiderably to the expense otherwise to be incurred. The United States being now also happily in peace and amity with all the European powers, the moment is the more favorable in that view of the subject.
The President has thought it proper, that this early information and explanation should be given to you, that being fully possessed of the causes and object of the expedition, you may guard it against any misconstruction or misrepresentation that may by possibility be attached to it, and moreover prepare the Government where you are, to lend to the Squadron such hospitalities and accommodations in its Ports or elsewhere as opportunities may claim, and as it would be incumbent on the United States to reciprocate. The friendly disposition felt by the United States towards England justifies them in their confidence, that no convenient proof of a like disposition will be withheld: and of this friendly disposition you are authorized and instructed by the President, on all proper occasions, to give the most explicit and cordial assurances. I have the honor to be, Sir, With great consideration, Your most obedt. servt.
James Madison

   RC (CSmH); letterbook copy (DNA: RG 59, IC, vol. 1); letterbook copy (DNA: RG 59, IM, vol. 5); partial Tr (DNA: RG 233). RC addressed to Rufus King; marked duplicate; in a clerk’s hand, signed by JM; docketed in an unidentified hand as received 8 July. Note on consular letterbook copy indicates that two copies were sent to Murray and three copies each to King, Humphreys, and Smith.

   “England” and inside address added to RC in another hand.


Title: From James Madison to Richard O’Brien, 21 May 1801
From: Madison, James
To: O’Brien, Richard

SirDepartment of State Washington May 21st. 1801
The proofs which have been given by the Bashaw of Tripoli, of hostile designs against the United States, have, as you will learn from Commodore Dale, determined the President to send into the Mediterranean a Squadron of three frigates and a sloop of war, under the command of that officer. Should war have been declared or hostilities commenced this force will be immediately employed in the defence and protection of our commerce against the piracies of that Regency. It is hoped that the contagion will not have spread either to Tunis or Algiers; but should one or both of them have followed the perfidious example, their Corsairs will be equally repelled and punished.

The policy of exhibiting a naval force on the Coast of Barbary has long been urged by yourself and the other Consuls. The present moment is peculiarly favorable for the experiment, not only as it is a provision against an immediate danger, but as we are now at peace and amity with all the rest of the world, and as the force employed would if at home be at nearly the same expense, with less advantage to our Mariners. The President has therefore every reason to expect the utmost exertions of your prudence and your address in giving the measure an impression most advantageous to the Character and interests of the United States. In effecting this object, the means must be left in a great degree to your knowledge of the local and other circumstances, which cannot be understood at this distance. You will of course take due pains to satisfy the Dey that the United States are desirous of maintaining peace with all nations who are willing to live in peace, that they have given abundant evidence of their disposition to cultivate the friendship of the Barbary Regencies, and of himself in particular; that they expect from his good faith an efficacious interposition, according to our Treaty with him, for guarantying the Treaty with the Bashaw of Tripoli; and that if the flag of the United States should be engaged in war, it will be a war of defence and necessity, not of option or provocation. You will also give every friendly explanation and assurance on this occasion, which may be requisite for the Consuls and Agents of other powers residing at Algiers.
The United States, it appears, will before you receive this be three years in arrear to the Dey. Towards making up the deficiency the “George Washington” is under active preparation to carry Timber and other stores for at least one annuity. Commodore Dale is charged with thirty thousand dollars which the President hopes the Dey may have been induced to accept as a commutation for the Stores due for another. He has also in charge four hundred yards of Cloth and thirty pieces of linen for the biennial present. Should you not have prevailed on the Dey, and should find it still impossible to prevail on him, to accept the thirty thousand dollars in lieu of the stores, without the application of 4. 5. or 6000 dollars, you will be supplied with that sum: and the sum of thirty thousand dollars will then be made up out of other monies in the Commodore’s hands. Should there be no possibility of inducing the Dey to the measure, even with this aid, the whole sum of 30,000 Dollars is to be retained by the Commodore. The balance for the remaining or third year will be sent as soon as it can be done, either in stores or money as may be agreed. You are already aware how much both the conveniency and interest of the United States will be promoted by substituting money for stores, rating the latter at 30,000 Dollars, as a permanent regulation, and will take due pains to bring about such a change. You may find it perhaps an argument of some weight with the Dey for preferring money to stores, that the former can always be remitted with more punctuality; and that in times of war such of the latter as are held to be contraband by the European law of Nations, may be exposed to captures by which he must be affected as well as the United States. In case you should succeed in the pecuniary Commutation proposed, it will be proper in defining the sum of thirty thousand dollars, to refer to some standard of weight and fineness in the metal, that will secure the United States against arbitrary regulations of the Dey, and quiet his jealousy, if he should have any, of imposition on the part of the United States. The Spanish dollars now in circulation may, for example, answer this purpose.
The pretensions set up against the United States in the case of the ship Fortune, for indemnification to the owners of the merchandize, with which she was laden, shews the disadvantage of employing our vessels in the freight of Algerine property. You will therefore, as far as you can, discourage that branch of trade; and as far as it cannot be done, will take care to repress all expectation or Claim whatsoever, to throw on the United States the losses by capture under their flag.
With respect to the powder makers desired by the Dey you will give him to understand that none can be found who are willing to go to Algiers, and that under the Constitution and laws of this Country they cannot be compelled to go.
The President has not been inattentive to your wish to be relieved from your present station, and hopes eer long to fix on a successor. He expects, however, that you will not be impatient under a little delay, considering the importance of the present crisis, and the inconvenience that might happen from a sudden change, or from your removal before a Successor could be on the ground.
One subject of equal importance and delicacy still remains. The sending to Constantinople, the national ship of war, the George Washington, by force, under the Algerine flag, and for such a purpose, has deeply affected the sensibility not only of the President, but of the people of the United States. Whatever temporary effects it may have had favorable to our interests, the indignity is of so serious a nature, that it is not impossible, that it may be deemed necessary, on a fit occasion, to revive the subject. Viewing it in this light, the President wishes that nothing may be said or done by you, that may unnecessarily preclude the competent authority from animadverting on that transaction in any way that a vindication of the national honor may be thought to prescribe.
Your letters of the 20. 22 November 23. 25 December, 2. 5. 7. 27 January and 7 Feby have been received, since those acknowledged by the Grand Turk, which sailed for Tunis with the third cargo of Regalia about the latter end of March last.

I conclude with enjoining on you the most cordial and respectful communications with Commodore Dale, and the ready assistance of him with all such useful information and other good offices as it may be in your power to render; and with offering you my sincere wishes for your success in all your measures for advancing the welfare of our Country. I am, very respectfully, Sir, &c. &c.
James Madison.

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

   The Algerine-owned vessel Fortune carried American captives released by the dey of Algiers to Marseilles in the summer of 1796. After the ransomed Americans were landed, the Fortune went to sea flying the American colors and was captured by a British ship. The Fortune’s owners set the loss at $40,000 and demanded reimbursement from the U.S., contending “that the flag of any nation at peace with Algiers protected the Algerine vessel and cargo over which it flew” (Irwin, Diplomatic Relations with the Barbary Powers, p. 74).


Title: To James Madison from William Billings, 21 May 1801
From: Billings, William
To: Madison, James

Sir,New York May 21st. 1801.
Your favor of the 9th. inst. I have received, the information you request, I here state as far as comes within my knowledge.
The Vessels that are licenced from the Bahama Islands are all from New Providence and mostly belong to British Subjects. The licence runs in this way—the Collector of the Customs which is now the Governor pro tem. grants those licences for the term of three Months, and at the expiration, the licence is renewed and security taken for them, the cost to obtain them amounts to sixty Dollars—the licence passes all British Men of War and privateers of that Nation. On entering the Ports of the Havana, they hoist the flag of our Nation or that of the Danes, declaring either from some Southern Port of the United States or a Danish Island. In this case a clearance from either of those places secures to them an entry in the Spanish Custom House, and our Representative has no power to enquire into the legality of the transaction. They there make their traffic secure, and return to the Bahama’s with the same security, alway[s] hoisting the Spanish flag in the English Ports.
From this the very Merchandize that is condemned in the Port of Bahama’s, which belongs to our Citizens, are sold and shipped to the Port that they were intended for by the Persons that own the privateers that brought them into the Port of New Providence. At Jamaica the same transactions are in practice, not only to Cuba, but to most of the Ports of South America, that are open to our commerce.

In regard to R. Reed, I am sure he must be concerned and I would venture on the names but I have not that foundation that I have already sent to you.
The clearances or in fact any document that is issued from our Customs is procured at New Providence, and I am sure they are manufactured there. There is only one Printer and he must supply the blanks or they must get them from the United States. The Person who supplies the Danish Papers also furnishes the American. His name is Trobe. He is a native of Bremen and is in the capacity of Interpreter, sometimes for the Court of Admiralty of that place—he at any rate, if not the Person that fills up the papers and puts the seals & signatures to them, he is the Person who hands them and receives the Amount of sixty Dollars for what he calls the set. This I am knowing to so far as several Gentlemen of rectitude has been knowing to, and others of the British, that have been in the commerce themselves have informed me that they have had them from him and said as long as no person hindered them that they would purchase them.
The Persons that are connected with Reed are his own Country Men and I expect that they are sometimes in the Havana and sometimes at New Providence. From the Danish Islands being at present under the Government of Britain, this commerce will be carried on under the American Papers. From a community so small as that of the Town of New Providence, I have no doubt that the very Persons in Office have Knowledge of the mode they make use of.
In this way they find vent for the immense quantity of Merchandize condemned or released and sold for the benefit of our underwriters to the prejudice of our Merchants & underwriters.
The Persons that own the privateers transport the Merchandize in those Vessels to the Ports contemplated by our Citizens; from the infamous conduct of that community which was visible to me, that did not seek it until I saw it so plain as it became a duty to detect—I had the pleasure to be one of the number to assist in detecting $15.000 in counterfiet Notes of the United States Bank, passing in that Island. From these circumstances I should not be surprised to see in a short time further marks of their infamy. This is all on this subject, that I can say, in hopes it will be of service to the general interest of our Country at large and in some means regulate the infamous practices of the persons described. Should there be any other transaction that you may wish to know, I shall always be ready with pleasure to communicate. Respectfully, I am Sir, Your Hble. Servant
(Signed)   Wm. Billings

   Tr (DNA: RG 59, ML); Tr (ibid.); Tr (DNA: RG 59, CD, Havana, vol. 1). All copies apparently in clerks’ hands. Copytext docketed in an unidentified hand: “to Mr Madison / Letter of Mr Billings / abt. British Trade in the W. Indies with enemies Colonies.”

   Letter not found.


Title: To James Madison from William Darke, 21 May 1801
From: Darke, William
To: Madison, James

Dr. SirBerkeley County May 21st. 1801.
I have of late been frequently applied to by a number of republican Citizens of this County & requested by them to state to administration, the improper conduct of certain revenue officers in this neighbourhood, as it respects the free exercise of the right of suffrage. These men it seems, were all panic struck upon the election of Mr. Jefferson & remained quiet enough for a short time. But emboldened by the moderation & lenity with which they have since been treated, they now appear to set decency & propriety wholly at defiance—and I am fully persuaded that it was chiefly Owing to their exertions against us, at the late election, that we were out voted in this County, as they certainly have it in their power by unnecessary rigour on the one hand, & improper indulgences on the other, to keep up an undue influence amongst the people.
I have however, hitherto forborne to comply with the wishes of my friends, because I am wholly unacquainted with the System which administration may think proper to adopt, with regard to the Creatures of Mr. Adams—and therefore do not mean at this time to go into particulars. All I wish to observe is, that in my Opinion something ought to be done to remedy the evil complained of. But as I hope to be at the City before long, I will then do myself the pleasure of waiting on you, & will communicate my thoughts more fully. In the mean time I am Dr. Sir, your Most Obt. Servt.
Wm. Darke

   RC (DLC).

   William Darke (1736–1801) was a brigadier general of the Virginia militia in 1801 (WMQWilliam and Mary Quarterly., 1st ser., 22 [1913–14]: 70).


Title: To James Madison from James C. Mountflorence, 21 May 1801
From: Mountflorence, James C.
To: Madison, James

SirParis 21st. May 1801
On 16th. inst. arrived in Nantz-River the Cartel-Ship Olive Capt. Concklin of & from New-York, also the Brig George Washington, Capt. Keefe, of & from Boston. The Schooner Caroline which sailed from Baltimore on 19th March is arrived at Bordeaux. A Vessel from Virginia with 502 Hogsheads of tobacco on Board, consigned to Mr. Bracque of Dunkirk, ran a Ground in the said Harbour on 13th. May, and bilged very soon afterwards. I have not yet been informed of the Vessel’s nor of the Master’s Names. It is thought that all the Tobacco will be very much damaged.
The Council of Prizes, Sir, still keeps on the Suspension on all the Cases of our captured Vessels, till the Exchange of Ratification. Mr. Murray is expected here from the Hague. With great Respect I have the Honor to be Sir Your most obedient and most humble Servant
Js. C. Mountflorence Quay Malaquais No. 1

   RC (DNA: RG 59, CD, Paris, vol. 1). Docketed by Wagner as received 2 Sept.


Title: To James Madison from Charles Willson Peale, 21 May 1801
From: Peale, Charles Willson
To: Madison, James

Dear SirMuseum May 21st. 1801.
While offering to your acceptance the two enclosed Publications, I am prompted by my knowledge of your attachment to the Arts & Sciences, to intrude upon a few of your leisure moments.
I remember in an early stage of the Museum, your obliging recommendation to my attention of the works of Buffon; and since I have been obliged to gain a more critical knowledge of Natural history, his writings have been of infinite use to me—his Plates, especially have enabled me to Identify many of the subjects of the Museum and my Lectures have been much enriched by the brilliancy of his Language; but as they were delivered with a view of Instruction, I have been obliged to censure his hasty errors on the subjects of this Country, and while giving Lessons on the science of nature, it was a duty incumbant on me to expose some of his flights of fancy where he irreverently treated the Creator in his description of the Creature whose form chanced not to accord with his Idea’s of beauty, intelligence, capasity of enjoyment, or utility in Creation.
The descriptions of the subjects of nature afford charming models to moralize on, and if managed with Judgement may help to mend the manners of men.
I am still progressing to bring the Museum into good arangement, and the articles have already encreased in such a degree, that I can find no more room for the display of them. Yet my labours shall continue with the same or rather with encreased ardour, as I know the importance of the Museum will be more and more felt, and in the end, I contemplate the public will feel an Intrest in providing a building fit to receive it.
My Son Rembrandt, some time past, wrote a letter to the President, in which he intimated a wish to be employed in some public office, he did not then know, that the heads of the departments, appointed their own Clerks. He has merit as an artist, yet does not meet with the encouragement he deserves. His other talents equal those for painting, any of which might be valuable if exercised, but he is modest!
As he wishes to be employed in any way for which his talents fit him, at least untill his favorite art shall meet with that species of encouragement which, as have happened in Europe, our Country one day or other may offer.
Perhaps you may have an opportunity of serving a young Man of Integrity, in which case you would oblige both him and me.
I am anxious to discover from the most respectable sources whether any and what expectations may be indulged of the Museum ever being taken under Public patronage. This, as it has been my grand Ultimatim, has occupied much of my thoughts; and I am convinced that a vast deal may be done in a permanent way with but a trifling expence—no needlessly expensive building and a small fund.
If from your more serious occupations, a few leisure moments procure me the pleasure of hearing from you at any time, will be a great gratification to Dear Sir your friend
C W Peale.

   RC, partial draft (PPAmP).

   Perhaps Peale enclosed his Introduction to a Course of Lectures on Natural History … (Philadelphia, 1800; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 38203) and Discourse Introductory to a Course of Lectures on the Science of Nature (Philadelphia, 1800; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 38204).

   Peale had established his Philadelphia Museum in 1784 and counted Jefferson and JM among the earliest members of its Board of Visitors. In 1801 Peale hoped that the Jefferson administration would extend federal aid to the museum (Charles Coleman Sellers, Mr. Peale’s Museum: Charles Willson Peale and the First Popular Museum of Natural Science and Art [New York, 1980], pp. 57–58, 113).

   For JM’s interest in the works of the comte de Buffon, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 9:29–46.

   Rembrandt Peale trained as a portrait painter under his father and between 1796 and 1799 managed, with his brother Raphael, a Baltimore museum of art and natural history. In 1801 he was assisting his father in Philadelphia as a naturalist.


Title: To James Madison from the Purveyor’s Office, 21 May 1801
From: Purveyor’s Office
To: Madison, James

SirPurveyor’s Office Philada. May 21st. 1801.
This morning previously to the receipt of your letter of 18th. Inst. the Purveyor had gone to Jersey to procure Timber for Algiers, he will return the day after tomorrow, when I conclude he will report to you the information you require. I am Sir very respec[t]fully Your obdt. Servt.
B. M.

   Letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia).

   Whelen’s clerk has not been identified.


Title: To James Madison from Josef Yznardy, 21 May 1801 (Abstract)
From: Yznardy, Josef
To: Madison, James

21 May 1801, Philadelphia. Refers to letters from JM’s friends and his, particularly one from Yrujo commending his conduct as consul at Cádiz. Mentions his recent attempts to meet JM and refers to Jefferson’s apparent willingness to appoint his son to Cádiz post. Hopes JM will soon turn attention to “the important Secret Business” [concerning release of American prize ships at Cádiz] that he earlier had proposed to the president. Expresses desire that State Department will provide instructions to consuls, making clear their powers and freeing them from the arbitrary proceedings of ships’ masters and American citizens.

   RC (DNA: RG 59, CD, Cádiz, vol. 1). 3 pp.; in a clerk’s hand, signed by Yznardy; cover marked private.

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


Title: From James Madison to Edward Thornton, 22 May 1801
From: Madison, James
To: Thornton, Edward

Sir,Department of State Washington May 22nd 1801.
I have been duly honoured with your letter of the 16th acknowledging mine of the 11th. The disposition which it evinces towards the neutral rights of the United States, and the regulations for guarding them against infraction, justifies all the confidence which had been placed in it. On recurring to the circular letter to the Governors of the States, of which a copy was transmitted to you, I observe that although it is dated before the Treaty of 1794 took effect, it contains no expression incompatible with the sense of that instrument. Had it been otherwise, there would be no doubt, that the former would have been so far superseded. I have the honour to be &c
(signed)   James Madison.

   Tr (PRO: Foreign Office, ser. 5, 32:120). Marked “Copy”; in Thornton’s hand.

   Washington had declared the Jay treaty in effect on 29 Feb. 1796 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:274).


Title: To James Madison from Ebenezer Stevens, 22 May 1801 (Abstract)
From: Stevens, Ebenezer
To: Madison, James

22 May 1801, New York. Reports that the Peace and Plenty has been chartered and is being readied for delivery of the Tunisian order; requests advance of $6,000.

   RC (DNA: RG 59, ML). 2 pp.


Title: To James Madison from Jacob Mayer, 23 May 1801
From: Mayer, Jacob
To: Madison, James

Sir,Washington May 23d. 1801.
In the necessary vindication of my character, which has been wantonly aspersed by Doctor Stevens, and with the view of imparting to the Government information, which it may be well to possess, I take the liberty of submitting the subjoined statement with the accompanying documents. In making this communication I repose in the Executive of the United states the most implicit confidence, and rely fully on its discretion in preventing any use being made of that part thereof which relates to General Toussaint, as an exposure might prove seriously injurious to my house at the Cape. I have the honor to be, with Respect, sir, Your most ob: servant
Jacob Mayer

   RC and enclosures (DNA: RG 59, CD, Cap Haitien, vol. 3). For enclosures, see n. 1.

   In the enclosed fifty-one-page message to the secretary of state, datelined Pennsylvania, 12 Apr., Mayer outlined his charges against former consul general to Saint-Domingue Edward Stevens and the Adams administration, including extracted correspondence to support the charges. Mayer enclosed thirty-one pages of additional material that he believed damaging to Stevens and the Federalists responsible for his appointment.


Title: To James Madison from William Loughton Smith, 23 May 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

23 May 1801, Lisbon. No. 47. Reports that Portugal is attempting to treat for peace, preferably with France, but that Portuguese minister of foreign affairs now is meeting with Godoy at Badajoz. Relays accounts that Spain is incapable of sustained campaign, “being destitute of pecuniary ressources, magazines, and public spirit,” but observes that French threat to Portugal and to its colonies would be extremely serious and met accordingly. Disruption of mails, Smith complains, leaves him unaware of late events in Barbary. “By an indirect conveyance I received a considerable time ago Mr Cathcart’s circular letter of 3d. January, notifying his apprehensions of war with Tripoli; for months past I have been kept in the most painful suspence on this subject; after writing several letters to Colo. Humphreys by various Conveyances, some of which I think must have reached him, requesting him to forward to me by some means or other my letters from Barbary, I dispatched a courier to him as long ago as the 20th. of last month, in order to obtain those letters, but though I have heard of the Courier’s arrival at Madrid before the 5th. instant, he is not yet returned, owing, I conclude, to obstacles opposed by the Spanish Court.… In this state of ignorance of what is passing in that quarter, I am equally uninformed of the acts of our own Government for some time past, in relation to our Barbary affairs. The last letter from the Department of State, which gave me any light on the subject, is dated 22d. May.”

   RC (DNA: RG 59, DD, Portugal, vol. 5). 4 pp.; in a clerk’s hand, signed by Smith; docketed by Wagner as received 21 July.


Title: To James Madison from Israel Whelen, 23 May 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

23 May 1801, Philadelphia. Acknowledges JM’s letter of 18 May and explains that he has been in New Jersey trying to purchase timber for the Algerine shipment. Has experienced difficulty obtaining lumber because of private shipbuilding activity and rumors that government needs had been met. George Washington will be ready “in the course of the ensuing week to commence loading, and every exertion shalled [sic] be used that as little delay as possible shall take place.”

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 2 pp.


Title: From James Madison to Stephen Sayre, 23 May 1801
From: Madison, James
To: Sayre, Stephen

Letter not found. 23 May 1801. Acknowledged in Sayre to JM, 9 June 1801. Reminds Sayre that president is unable to compensate every victim of injustice; congressional action necessary.


Title: To James Madison from Lewis M. O’Brien, 23 May 1801
From: O’Brien, Lewis M.
To: Madison, James

Letter not found. 23 May 1801. Acknowledged in JM to O’Brien, 14 Dec. 1801 (DNA: RG 59, IC, vol. 1). Names bond sureties for his consulate at Santander, Spain.


Title: To James Madison from James Monroe, 24 May 1801
From: Monroe, James
To: Madison, James

Dear SirRichmond 24. May 1801.
Permit me to present to yr. acquaintance the bearer Mr. Blake consul at St. Domingo who is represented to me by respectable authority to have rendered useful service to his country in that office. I am persuaded on inquiry into the character and services of this gentleman, you will find him what I believe him to be on the authority of his introduction to me, very deserving of yr. attention and confidence. As I know you are sufficiently disposed to promote merit, I have only to request of you that attention to him, to which his entitles him. With great respect & esteem I am Dear Sir sincerely yours
Jas. Monroe

   RC (DNA: RG 59, LAR, 1801–9). Cover marked by Monroe, “By Mr. Blake.” Docketed by JM.

   See James Blake to JM, 3 Apr. 1801 (DNA: RG 59, LAR, 1801–9), and 15 June 1801 (DLC). Blake, a Pennsylvanian, had served as consul in the city of Santo Domingo under John Adams; Jefferson in July named him commercial agent in Antwerp (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:256, 401; National Intelligencer, 10 July 1801).


Title: To James Madison from Israel Whelen, 25 May 1801
From: Whelen, Israel
To: Madison, James

SirPhiladelphia May 25th. 1801
I wrote you on the 23rd. Instant to which I refer, since then I have received from Mr. Humphreys a statement conformably to your letter of the 18th. Instant, of which the inclosed is a Copy. In the list of Articles inclosed in your letter of the 13th. Instant you mention “100 Bales Canvass—from 2. 3. 4 & 5.” I beg leave to remark that a Bale of Canvass contains 25 pieces or Bolts, which of British, have from 40 to 45 Yards in a piece, I presume it was Bolts or pieces, not Bales that were intended. One hundred Bales at the present high prices would cost nearly fifty thousand Dollars; you will be pleased however to state whether Bale’s or Pieces were intended. I have the honour to be, very respectfully Sir Your Obedt. servt.
Israel Whelen

   RC and enclosure (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). Enclosure 1 p.

   Joshua Humphreys to Whelen, 23 May 1801. The letter describes timber acquired to fill Whelen’s order.


Title: From James Madison to Carlos Martínez de Yrujo, 25 May 1801 (Abstract)
From: Madison, James
To: Yrujo, Carlos Martínez de

25 May 1801, Department of State. Responds to Yrujo’s 14 May request to suspend establishment of an American consulate in the Philippine Islands. A decision has been made not to establish such a post, but the matter may be reconsidered at a later time.

   Tr (AHN: State Archives, vol. 5630). 1 p.; in Spanish. JM’s original letters to Yrujo for this period have not been found, but the translations Yrujo sent to Madrid are in the Spanish archives.


Title: To James Madison from Rufus King, 25 May 1801 (Abstract)
From: King, Rufus
To: Madison, James

25 May 1801, London. Introduces Prince Ruspoli, officer in the Order of Malta, who comes recommended “by our Countryman Mr. West.”

   RC (DLC). 1 p.; marked private.


Title: To James Madison from Samuel Smith, 26 May 1801
From: Smith, Samuel
To: Madison, James

Sir,Balte. 26. May 1801
I think It was determined to displace the present Marshall of Maryland Mr. Hopkins & Appoint Reuben Etting in his Place. I wish much that the Commission should be sent Immy. Permit me to report that this Change will give general satisfaction.
My Brother thinks that It will be prudent not to displace Doctr. Thomas Immediately. Let him stay in som⟨e⟩ time longer. I am sir, With great Esteem your Obedt. servt.
S. Smith

   RC (DLC). Docketed by JM.

   Within days of Jefferson’s inauguration he determined to replace David Hopkins with Etting, whose appointment was announced in late May (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 1:292; National Intelligencer, 29 May 1801).

   Philip Thomas had served as revenue inspector for Maryland since 1792; in late 1801 he still retained his post (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:102; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:283).


Title: To James Madison from Albert Gallatin, 26 May 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

26 May 1801, Treasury Department. Responds to query about reimbursement for Mr. Shaw, who has aided Portuguese sailors. Advises that Portuguese government may repay him or the president might use his contingency fund but that, “Upon the whole, this appears to be one of those subjects of a local nature which must be provided for by the several States, & which, I would have supposed was in fact provided for pretty generally by the poor-laws of every State.”

   RC (DLC). 2 pp. Reproduced in Carl E. Prince and Helen H. Fineman, eds., The Papers of Albert Gallatin (microfilm ed.; 46 reels; Philadelphia, 1969), reel 5.