Title: To James Madison from James Simpson, 3 September 1802
From: Simpson, James
To: Madison, James

No. 49.
Sir
Tangier 3d Septemr 1802
No 48 dated 12h. last Month was forwarded in triplicate by way of Lisbon—Cadiz & Gibraltar, each accompanying a translation of the answer, received to the Letter I wrote His Imperial Majesty Muley Soliman from Tetuan, which I hope will reach you safe. I have now the honour to acquaint you that after sending away No. 48, I reflected it would be best [to] delay writing the Minister again, untill after departure of the Frigate, then generaly believed to be about to sail from Larach; lest the Emperour disapointed by the resistance it was natural I should make to his groundless pretensions, should recall the order given the Captain for respecting the Flag of The United States. An uncommon delay happening ’ere application was made for my Passport for that Ship, offered a farther inducement for me not to hazard giving Umbrage at that moment; however the first Lieut arrived from Larach on the 21st. Ulto, when I delivered him the usual Passport & they put to Sea on the 26th.; said to be destined to run as far as the Canaries, and thence to the Coast of Cantabria to establish their Cruize. It now appears the Captain of the Frigate resisted the order sent him by Alcayde Hashash on my arrival at Tetuan, alledging that altho’ he admitted he had authority for directing him to take American Vessels, yet he doubted if once given if he could do away that order; of consequence it became necessary to apply to His Majesty, on receipt of whose answer Captain Lubarez sent for my Passport. The Ship carrys 22 Guns & only 93 Men, part of the Crew having been landed at Larach Sick.
With this I have the honour of transmiting copy of the Letter I wrote the Minister on the 1st. Inst. It will afford me much satisfaction, to know what I have said on subject of the Emperours pretension, meets the approbation of His Excelly The President. I have stated only facts, and thought best to reserve copy of my Letter of the 18h. July 1795 to the then Minister, and that of Muley Solimans to The President on the 18th. August following, as Vouchers more proper to be exhibited in support of my arguments, and in opposition to what farther may be alledged on the part of this Governmt. on subject of what they have thought fit to advance, rather than now. I confess I am almost at a loss to assign any more probable reason for that measure, than that either they are ignorant of what actualy passed between the Minister and myself in 1795, and are desirous of comeing at such facts as we may be able to substantiate; or that they have asserted an arrangement then took place such as they now wish to establish, and by that finesse conceive they take a more plausible mode for bringing it forward, than a new pretension would be.
In either case I shall conceive it my duty to resist it by every means in my power, untill I shall be honoured with His Excelly The Presidents Commands on the occasion, which I persuade myself you will have the goodness to transmit, in the most probable speedy Channel.
The busyness of bringing the Tripoline Ship from Gibraltar under the Emperours Flag, has been again agitated, and a general application made by Alcayde Hashash to the Consuls here for Passports for her as belonging to His Majesty, to sail from hence for Tripoly; I positively refused mine in these terms, nor do I find any has been granted; but it is certain Men are ordered from Tetuan for her, and that she is to hoist the Emperours Colours at Gibraltar, so soon as the Weather will allow these people to get over. I have acquainted Captn Campbell of the Adams Frigate, that in my private oppinion the whole is a colourable busyness; but if the Emperour announces to the Body of the Consuls that the Ship is his, and demands Passports accordingly, merely to go to Sea, and Navigate as his, I realy do not see how I dare venture to contest the matter; or from circumstances to express doubts on what is stated by the Sovereign of the Country as a fact, without runing a great risque of drawing serious resentment on the Commerce of The Unit⟨ed⟩ States. At this trying moment I pray His Excelly The President will be perfectly assured my best exertions shall be called forth for the good of the Service I have the honour of being entrusted with; but I cannot help repeating tha⟨t⟩ nothing can give me such aid as a Naval force being se⟨en⟩ on the Coast, or known to be in the Neighborhood, for tha⟨t⟩ alone is the terror of these people. Altho’ I would glad⟨ly⟩ hope matters may yet be accommodated, yet lest the Emperour should persist in the demands he has at last brought forward, which I conclude will not be granted him, I would beg with due submission to recommend that the Commanding Officer of the Ships of War of the United States in these Seas, be instructed to act with energy against this Country, but especialy against its Cruizers, so soon as the Emperour shall repeat his late hostile conduct in sending your Consul from hence, or by any other means authorise a violation of the Peace now subsisting. A first grand point in War against this Country, is to be extremely carefull to prevent their Cruizers being sent to Sea, for as they seldom go out in quest of but one Nation, he who blocks up their Ports, is considered to fight the Battles of all; and are accordingly feared or respected, which appear to have become synonymous here. On my late return to this Country, finding the Frigate at Larach was certainly destined to act against us, I earnestly entreated Commodore Morris to send one of the Ships under his Command to watch her; I was so confident he would do so, I ventured to say he had, which certainly had a good effect for it was generaly believed, as fortunately a fresh Gale at East daily presented Vessels beating in sight of the Port. Nothing is more easy than to prevent Cruizers geting out of Salle & Larach, for being Bar Harbours they can only sail with a fair Wind, and Vessels of War can but very seldom pass them with all their Stores in. A few Frigates would be sufficient to deprive this Empire of that part of its Trade at Mogadore—Saffi—Sallé—Larach—Tangier & Tetuan done on a great scale, the three first enjoy almost the whole of that description, save in time of export of Grain when Mazagan and Darelbeyda become the chief; but these being dangerous roads & Vessels laying in them out of all sort of protection from the shore, none would venture to Trade there were they declared to be in a state of Blockade. Tangier & Tetuan almost exclusively supply the Live Stock carried to Portugal & Gibraltar, and Spain also when it takes any; it might be difficult to prevail on those to forego the conveniency they enjoy in this particular, but they might be restrained to the carrying funds to Barbary for this purpose in Specie. If all other Exports & Imports were interdicted & the Blockades well attended to, the Emperour would speedily feel the consequence in his Treasury, his people of the Provinces [that] supply the chief exports would become troublesome to him, and the whole Nation be made sensible of the superiority of the Power who should so chastise them. The Chief thing after this, would be to station six small Vessels in and about the Straits for counteracting Boats fitted out from hence, & with these well managed Commerce would have ample protection.
Whilst I presume to throw out these hints as my oppinion, on the principal outlines of the best mode of Warfare and defence against this Country, I most sincerely wish I may never see a necessity for e[i]ther being carried into effect. John Hill and Samuel Bowyer, the two Men mentioned in my Letter to the Minister to be at Tarudaunt, were part of the Crew of the Ship Oswego of Hudson, cast on shore near Cape Nun in April 1800. I cannot doubt but the order for their release will be sent me, and then I shall soon have the satisfaction of restoring them to their Country and their Friends. It has been impossible to get them freed before, as untill they reached Tarudaunt, they have constantly been in the possesion of people, who do not acknowledge allegiance to this Emperour, and where money could not be sent to pay for them, with any the smallest chance of its being applied for that purpose.
All the others have already been redeemed except two free Negroes, who by every Account I have been able to trace of them, voluntarily remained with the Arabs & got married. I have the honour to [be] with great respect and esteem Sir Your Most Obedient and Most Humble Servant
James Simpson

   RC and enclosure (DNA: RG 59, CD, Tangier, vol. 1). RC marked “Duplicate”; docketed by Brent as received 16 Oct. Jefferson communicated an extract of the RC and the enclosure to Congress with his annual message on 15 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:468–69). For enclosure, see nn. 1 and 3.

   Simpson’s letter of 1 Sept. 1802 to Sidi Mohammed ben Absalom Selawy (4 pp.) informed the minister that he had hoisted the flag of the U.S. again at the consulate and notified the president and the U.S. commander in the Mediterranean of the return of peace. But he went on to express surprise and concern at the emperor’s expectation that annual gifts would be presented by the U.S., explaining that the treaty the emperor had ratified in 1795—”without any addition or alteration; in fulfillment of His Fathers engagement”—contained no stipulation for such tribute (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:262–63).

   Simpson’s 18 July 1795 letter to Sidi Mohamet ben Ottman responded to Ottman’s inquiry as to “what sum of money it would be agreeable to the United States of America, to pay to His Majesty annually” by asserting “that the United States of America never have, and I am satisfied never will, engage to pay any Subsidy whatever, by way of Tribute” (DNA: RG 59, CD, Gibraltar, vol. 1). Emperor Mawlay Sulaiman’s subsequent letter to President Washington offered assurances that “we are at Peace, Tranquillity and Friendship with you in the same manner, as you were with our Father” (ibid.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:526–27).

   In his 1 Sept. 1802 letter, Simpson informed Selawy that two American seamen who had escaped after three years of captivity by the Arabs were at Taroudaunt, and he requested a letter directing the governor there to allow them to proceed to Mogador.


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

3 September 1802, Gibraltar. Refers JM to his last dispatch, no. 96 [19 Aug.]. A Moroccan crew arrived on 1 Sept. from Tetuán; “the report is they come to take away the Tripolin ship (laid up here) with the Emperours flag as his Property.” Has no late news from Simpson. The Boston is expected; the Adams is in port for repairs. “It is currently aserted that the Algereens have declard Warr Against France.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 1 p.

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


Title: To James Madison from Robert Morris, 3 September 1802 (Abstract)
From: Morris, Robert
To: Madison, James

3 September 1802, New Brunswick. “I will thank you for a certificate from your office, by the mail, of the names of the General Commissioners of Bankruptcy appointed by the President of the United States for the New Jersey District, if any such are appointed, no notice thereof having reached me.”

   Draft (NjR). Robert Morris (ca. 1745–1815) was federal judge for the district of New Jersey, 1789–1815. On 6 Sept. Stephen Pleasonton replied to Morris in JM’s absence, informing him that commissions dated 6 July had been sent to Thomas Ward of Newark, Phineas Manning of New Brunswick, John Cobb and Josiah Shinn of Woodstown, Abraham Brown of Burlington, and Anthony F. Taylor of Bordentown. Pleasonton added that only Ward and Brown had as yet acknowledged receipt of the commissions and both had consented to serve (ibid.).


Title: To James Madison from Nathaniel S. and Washington Peirce, 3 September 1802
From: Peirce, Nathaniel S.,Peirce, Washington
To: Madison, James

Letter not found. 3 September 1802, New Hampshire. Mentioned in Daniel Brent to N. S. and W. Peirce, 13 Sept. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about payment for printing the acts of the first session of the Seventh Congress. Brent replied that “your publication of them was made without authority from this department entitling you to any compensation from the Government for the work; unless in its progress you shall have become the owners of one of the papers officially made use of,” in which case payment would be “50 cents pr. page for 189 pages.” The Peirces had purchased the Portsmouth N.H. Gazette in February 1802 (Brigham, History and Bibliography of American Newspapers, 1:473; see also Woodbury Langdon to JM, 6 Feb. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:449).


Title: To James Madison from James Leander Cathcart, 4 September 1802
From: Cathcart, James Leander
To: Madison, James

Dispatch No. 13
Sir
Leghorn Septr: 4th: 1802.
Having found an assistant I am enabled by this Post to forward the enclosed letter, and my answer to and from Mr: Nissen at Tripoli with my answer to his letter of the 8th: of July. I refer you to my dispatch No: 12. of last year dated September the 27th. 1801, for the reason which induced the Danish Comodore to adopt this pusillanimous conduct, he thinks he has effected a great deal by arranging the affairs of his nation under the Guns of the Frigates of the United States and of Sweden, he certainly must have been convinced that it is the Bashaw’s interest to conclude upon any terms with Denmark as certainly in the present moment he would endeavour not to add to his enemy’s but so sure as he concludes treaties with the United States and with Sweden he will immediately originate fresh demands upon Denmark, and then Spoliation, Slavery, and other concessions will succeed. I cant help observing the difference of conduct between Comodore Koefoed in agreeing that Mr: Nissen should no longer be encharged with our affairs at Tripoli and that of his Danish Majesty as expressed by his orders in a letter of thanks from the Chamber of Commerce at Copenhaguen to Mr: Eaton at Tunis last year.
The Swedes will act similar to the Danes, and ultimately we will be left to ourselves, and those nations will enjoy the benefit of an uninterrupted commerce, but no longer than they derive protection from our being at war, I can See no alternative at present, but either to send more force into this Sea, and Strike some brilliant blow either at Tangiers or Tripoli, or have recourse to negociation. I presume four Frigates and four small vessels would be Sufficient with a fund or credit of about twenty or thirty thousand dollars to be at the disposals of our Comodore to purchase Bomb Ketches, gunboats &ca as circumstances required, adverting that mortars, Shells and twelve pound brass Cannon ought to be sent out in our Frigates with every necessary apparatus which may be on hand in order to economize as much as possible. Submiting those observations for your consideration I have the honor to subscribe myself with very great respect Sir Yr very Obnt. Servt.
James Lear. Cathcart

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2); FC (CSmH). RC docketed by Brent. For enclosures, see n. 1.

   Among the enclosures sent with this dispatch and Cathcart’s 3 Sept. 1802 dispatch were apparently copies of two letters from Nissen to Cathcart and Cathcart’s replies. Nissen’s letter of 8 July 1802 (2 pp.) communicated a confidential message from Tripolitan minister Sidi Mohammed Dghies that a change had taken place in Tripoli’s attitude toward the U.S. and “it is his opinion that this moment would be the most advantageous to negotiate a peace” (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:195). Cathcart’s reply, dated 31 Aug. 1802 (1 p.), asked Nissen to inform Dghies that the U.S. would not enter into negotiations until the pasha of Tripoli carried into effect “the convention agreed on by his certificate” and released Captain Morris and three of his crew (printed ibid., 2:261). Nissen to Cathcart, 10 Aug. 1802 (2 pp.), reported that Danish negotiations with Tripoli had concluded favorably but the pasha had stipulated that Nissen cease acting as chargé d’affaires for the U.S.; “I must henceforth demand the greatest Secrecy in our correspondence” (printed ibid., 2:229–30). Cathcart’s reply to this letter, also dated 31 Aug. 1802 (1 p.), complained of the pasha’s “inconsistency of character” and his “unworthy behaviour relative to the Exchanges of prisoners by convention with Comodore Dale” and asked Nissen to provide Captain Morris and crew “with whatever they may want.”

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:141.


Title: To James Madison from David Lenox, 4 September 1802 (Abstract)
From: Lenox, David
To: Madison, James

4 September 1802, New York. Transmits a copy of his 17 Aug. letter “on the supposition that it may not have reached you” and requests an answer. “The prevalence of the Fever in Philadelphia has hitherto prevented me from proceeding there with my family, you will therefore be pleased to direct to me at this place.”

   RC (DNA: RG 59, CD, London, vol. 8). 1 p.

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


Title: To James Madison from Stephen Kingston, 5 September 1802
From: Kingston, Stephen
To: Madison, James

Letter not found. 5 September 1802, Philadelphia. Mentioned in Kingston to John Quincy Adams, 24 June 1822 (DNA: RG 76, Spain, Misc. Records, ca. 1801–24), as his first letter of complaint against the Spanish government on the subject of the detention of his ship Three Sisters in the Río de la Plata, which began, “I beg leave to lay before the government a statement of the following facts & to solicit that interest which is due to cases of hardship imposed upon their citizens.”


Title: To James Madison from Samuel Morey, 5 September 1802
From: Morey, Samuel
To: Madison, James

Letter not found. 5 September 1802. Acknowledged in Daniel Brent to Morey, 9 Oct. 1802 (DNA: RG 59, DL, vol. 14). Brent informed Morey that his letter had arrived in JM’s absence “and I have just received his directions, since his return, to forward the enclosed exemplification of the Patent alluded to, to you, and to return you fifty cents, and I herewith do so.” Samuel Morey (1762–1843) was an inventor who held a number of patents, including a steam-operated spit (1793), a windmill (1796), a steam pump (1799), and the internal combustion engine (1826). He began steamboat experiments in 1790 and was awarded a patent in 1803 for improvements on a steam engine.


Title: From James Madison to Thomas FitzSimons, 6 September 1802
From: Madison, James
To: FitzSimons, Thomas

Sir
Virginia September 6th. 1802.
I duly received and laid before the President your [sic] of the 6th. . His sentiments on the subject of it, are explained in an answer to two letters from a Committee of Merchants at Boston, of which as it will serve as an answer to yours, I enclose a copy: and am very respectfully &ca.
James Madison.

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

   Left blank in letterbook. FitzSimons’s letter has not been found.

   JM to Stephen Higginson and others, 6 Sept. 1802.


Title: From James Madison to Stephen Higginson and Others, 6 September 1802
From: Madison, James
To: Higginson, Stephen

Gentlemen
Virginia Sepr. 6th. 1802
I have received your two letters of July 23 & Aug. 11; the former requesting the interposition of the Executive with the Government of Spain for redressing injuries suffered by American Merchants in Spanish Colonies; the latter suggesting that in the mean time, a public vessel be dispatched thither with an Agent authorized to demand a more prompt justice from the local authorities.
The President feels every disposition to patronize the commercial rights of his fellow Citizens; but he sees very strong objections to the latter expedient of a formal mission to a subordinate authority; especially with the imperfect means as yet possessed for supporting our demands by referring them specifically to the sanctions under which the Several voyages were undertaken.
The mode of interposition pointed at in your first letter, being the more regular one, had been anticipated not only by general instructions to the Minister Plenipotentiary of the United States at Madrid to charge himself with the just claims of American Citizens on the Spanish Government; but by a further instruction transmitted in Feby. last, reminding him of the complaints founded on detentions of their property and other unjust proceedings in Spanish America, and making it his duty, to comprehend if practicable, all such cases, by terms sufficiently general, within the cognizance of a Board of Commissioners which he had been previously instructed to propose, in conformity to the model in the Spanish Treaty of 1795. At the date of the last letters from Mr. Pinkney he had not recd. this additional instruction; but he had himself adverted to the expediency of enlarging the purview of the article in the Treaty of 1795; and there can be little doubt that the instruction itself would arrive before the negociation for a Board of Commissioners, into which the Spanish Government readily entered, would be brought to a conclusion.
As it is possible however that the negociation for a Board of Commissioners may fail, as it is not certain that Spain will concur in a sufficient latitude to its powers and as considerable delay may attend this mode of redress, it seems adviseable for those interested in the subject of your letters to follow up the representation sent from the spot, with a particular statement to Mr. Pinkney of their respective cases accompanied with whatever documents in support of them may be attainable. To enable him to proceed with the greater precision and effect, in his discussions and reclamations, it is recommended that the several cases be so discriminated by their circumstances as to shew, how far they rest, on general regulations or special licences from competent authorities; how far on licences reasonably presumed to be competent, though in strictness not so; how far on sudden & ensnaring repeals of general regulations, or discontinuances of special indulgences; how far on the calculation from existing circumstances, that the ordinary Colonial policy of Spain would be relaxed; and how far on fraudulent proceedings of Spanish subjects. As in this last case, the claimants may be required to shew that satisfaction has been sought in vain from the regular Tribunals of the place, it will be prudent for them to be prepared to meet such a preliminary.
I shall be glad to receive a copy of the Statement here recommended, as soon as it shall have been prepared. It may furnish a ground for more particular instructions to Mr. Pinkney; and may be made one, for asking the interposition of the Spanish Minister Plenipotentiary to the U. States, with the Vice Government of la Plata. I am Gentlemen very respectfully Your Obedt. hble servt
James Madison

   RC (owned by Philip D. and Elsie O. Sang, River Forest, Ill., 1958); letterbook copy (DNA: RG 59, DL, vol. 14). Addressed to Higginson “& others of the Committee of Merchts. at Boston.”

   Letters not found. For the contents, see JM to Jefferson, 14 Aug. and 1 Sept. 1802, and Jefferson to JM, 17 Aug. and 3 Sept. 1802.

   JM to Pinckney, 9 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:273–74).

   JM to Pinckney, 5 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:441–42).


Title: To James Madison from Thomas Jefferson, 6 September 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 6. 1802.
Your’s of the 3d. came to hand yesterday. I am content that the questions relative to Commissioners of bankruptcy and dockets should remain until we meet: altho’ I think there are reasons of weight for not leaving the latter for Congress to do, for that would be abandoning it. The repeal of that law has been unquestionably pleasing to the people generally; and having led Congress to it, we owe to them to produce the facts which will support what they have done. It would rally the public opinion again to what is right, should that any where have been shaken by the volumes of misrepresentation which have been published, and shew we are not to be dismayed by any thing of that kind. Perhaps our directions may better go to the district attornies to procure the dockets. They have a right as individuals to demand them. I believe we need ask only the cases determined during the year. This would be very short indeed. I do not sufficiently recollect the particulars of the Snow Windsor to be exact on that subject. But I know that I had not a doubt as to the justice of what we concluded before, nor do I see any thing in mr. Thornton’s letter to create a doubt. We did our duty in ordering the vessel away. The delays which followed were such as the vigilance of no government can prevent: and the treaty at length placed her at liberty. If delays are to be paid for by a government, what have we not to demand from Great Britain? I think with you we should shew our sincerity by prosecuting for the departure of the vessel without a clearance, as far as the laws justify. I have written to mr. Smith to stop the John Adams. The war being returned to it’s former state against Tripoli only, we should reduce our force to what had been concluded on as to that power, as soon as we learn the state of things with Tunis. In the mean time the New York will go on. Mr. Steele’s labours to shew he is agreeable to the Govr. shew pretty clearly the reverse, independent of the Governor’s own evidence. Accept my affectionate esteem & respect.
Th: Jefferson

   RC (DLC); FC (DLC: Jefferson Papers).

   See Thornton to JM, 27 Aug. 1802. On 27 Sept. Thornton wrote Hawkesbury that he had spoken with JM at Monticello about the Windsor case and that JM’s views on the subject had not changed. “He told me plainly that he did not regard the neglect of the Officers of government as founding a just claim for compensation on the government itself; and that in short as the whole proceedings in the pretended condemnation, sale and transfer of that vessel were perfectly irregular and illegal, they formed no bar to the prosecution of the right⟨s⟩ of the original proprietors, which might therefore ⟨be⟩ investigated in a Court of justice, whenever the vessel should return within reach of its jurisdic⟨tion⟩.” Thornton was “unwilling,” he wrote, “to lay any fa⟨rther⟩ stress upon the culpable negligence, if not the intentional misconduct, of the Officers of the Customs at Boston in this transaction, as ⟨they⟩ belong to the party called federal, and as the President might avail himself with alacrity of ⟨an⟩ accusation coming from such a quarter to incr⟨ease⟩ the number of removals from office, which ha⟨s⟩ already sufficiently depressed that party” (PRO: Foreign Office, ser. 5, 35:319–20).

   Jefferson to Robert Smith, 6 Sept. 1802 (DLC: Jefferson Papers).


Title: To James Madison from Charles Pinckney, 6 September 1802
From: Pinckney, Charles
To: Madison, James

Dear Sir
September 6: 1802 In Madrid
I have the honour to inclose you the Duplicate of a complaint made by the Spanish Government respecting an insult alledged to have been offered the Spanish Flag in Philadelphia. To this I have replied that not knowing the circumstances I could only assure his Majesty I would transmit the complaint & that his Majesty would certainly recieve every reparation the nature of the case would admit—that Philadelphia was at a distance from the seat of the general Government & that in large commercial cities such Outrages would frequently occur among the mariners of different nations—that our laws were very strict with respect to the rights & protection of foreigners in amity or in treaty with the United States, & that although from the nature of our Government & the established forms of Justice, it could not generally be quite so speedy as in some other countries, it was nevertheless always certain & commensurate to every Event—that the delays however were not great & were only occasioned by the tribunals having stated Sessions at which alone such charges could be examined, or by the time it might be necessary to allow the accused to prepare for their Defence or produce their Witnesses.
The Court as I informed you have gone to Barcelona to meet the Naples family & exchange princesses—the Neapolitan princess to mount the Spanish Throne & the Spanish the Sicilian.
It is now some months since I have had the pleasure of a line, nor have I yet been acquainted with the proceedings of the last session of Congress. I am in daily or indeed hourly expectation of hearing from you & as the season is past for my going to Rome for a few weeks during the Courts absence, I give up the idea for the present. Please present me affectionately to the President & Believe me with sincere respect & attachment Dear Sir Yours Truly
Charles Pinckney

   RC and enclosure (DNA: RG 59, DD, Spain, vol. 6). RC marked “(Duplicate)”; docketed by Wagner as received 24 Nov. and marked in pencil, “To be answered.” For enclosure, see n. 1.

   The complaint was made in a letter from Cevallos to Pinckney, 20 June 1802 (1 p.; in Spanish). For the incident at Philadelphia, see Yrujo to JM, 3 May 1802.


Title: To James Madison from Stephen Cathalan, Jr., 6 September 1802 (Abstract)
From: Cathalan, Stephen
To: Madison, James

6 September 1802, Marseilles. Notes that he last wrote to JM on 13 Aug. via Bordeaux. On 15 Aug. he wrote to Capt. Andrew Morris by his “particular Friend” Citizen Beaussier, the French commissary at Tripoli, who sailed for Tripoli 16 Aug., and he charged Beaussier with supplying clothes and provisions to Morris and his crew if other arrangements had not been made. Encloses copies of two letters from Morris, dated 22 and 30 July at Tripoli. Transmits two packets of dispatches for JM from William Eaton, which were received with letters dated 8 and 9 Aug. from Eaton to Cathalan. Has forwarded letters from Captain Murray of the Constellation to the secretary of the navy by way of William Lee at Bordeaux; “this will reach you by the Same way for want of opportunities direct from this port.” Encloses copies of the correspondence between himself and W. Y. Purviance and related letters on the subject of the latter’s appointment as U.S. naval agent for the Mediterranean. Cites letters from JM and from Mackenzie and Glennie of London, “both ordering me to assist and Supply the american Squadron when it Should or any of their Ships of War appear on this Coast,” and declares that he will continue to offer his services. “It will be [up] to them to accept of my offers or to Apply to Mr. Purviance’s Agents here; in this last Case I will, However give every aid and Assistance to them.” Does not believe he deserved such a “Severe Letter” from Purviance. Asks JM to transmit the entire correspondence to the secretary of the navy after reading it. “You will Judge in this affair and determine with him what is the most Convenient for the interest … of the United States; observing, I doubt not, how it would be unconvenient for the agents in Marseilles, Toulon, Cartagena, Malaga Gibraltar &ca. to Correspond and act under the agency of the navy Situated into Leghorn for Such Supplies; while Leghorn is well Situated to do it with Naples, Palerma, Syracusa, even Malta &ca. which it appears are the ports which the Secretary of the Navy has pointed by his orders to Messrs. DeButts & Purviance.”

   RC and enclosures (DNA: RG 59, CD, Marseilles, vol. 1). RC 3 pp.; docketed by Wagner.

   Cathalan enclosed correspondence (2 pp.) reporting Andrew Morris’s capture by a Tripolitan corsair and warning of Tripolitan ship movements, including an extract of a letter to him from James Leander Cathcart, 28 Aug. 1802, in which Cathcart quoted from Morris’s letter of 22 July 1802, and a copy of a letter from Morris to his consignees in Marseilles, 30 July 1802. For another copy of this correspondence, see William Willis to JM, 15 Sept. 1802, n. 1.

   These numbered enclosures (8 pp.) include copies of (1) Cathalan to William Y. Purviance, 7 Aug. 1802, in which the former indicated he had learned that Purviance had been appointed U.S. naval agent in the Mediterranean and that “our mutual Friend Mr. Schwartz of this place had offered his Services as your Agent here in that line, to Capn. MacNeill,… but it would make a bad Effect here Should any other than the american Agents (or Consuls) assist our Navy”; (2) Purviance to Cathalan, 20 Aug. 1802, expressing surprise at Cathalan’s “interfering with my appointment” since “this business … belongs wholly to the Department of the Navy from which I have received the Appointment” and declaring that “I Cannot, Therefore, allow any one to Encroach on my rights, or to meddle with the duties imposed on me by my office”; (3) Samuel Smith to DeButts and Purviance, 20 May 1801, authorizing the latter to supply the U.S. squadron and draw on Mackenzie and Glennie for funds (see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:462–63); (4) an extract of Cathcart’s letter to Cathalan, 18 Aug. 1802, giving his opinion that since Cathalan’s commission came from the president of the U.S. it was superior to that of naval agent and advising Cathalan to present the case to the government; (5) Cathalan to Cathcart, 30 Aug. 1802, complaining of the manner in which Purviance had answered his letter requesting a “fair and friendly Explanation” of his agency and informing Cathcart he was referring the matter to JM; (6) an extract of JM to Cathalan, 21 May 1801 (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:209); and (7) Mackenzie and Glennie to Cathalan, 8 July 1801, authorizing Cathalan to supply Commodore Dale’s squadron.

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


Title: To James Madison from George W. Erving, 6 September 1802 (Abstract)
From: Erving, George W.
To: Madison, James

6 September 1802, American Consulate, London. No. 10. “I have just received from our Consul at Cadiz, a Circular letter of which the inclosed is a Copy; since my last of 29th. July upon this subject no other authentic information has been received here.”

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 1 p. Enclosure (1 p.) is another copy of Richard O’Brien’s circular letter, 26 June 1802, countersigned by Stephen Cathalan and William Willis (see Thomas Appleton to JM, 10 July 1802, and n. 2; Josef Yznardy to JM, 13 Aug. 1802, and n. 1).

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


Title: To James Madison from William Jarvis, 6 September 1802 (Abstract)
From: Jarvis, William
To: Madison, James

6 September 1802, Lisbon. Refers to his last dispatch of 22 Aug. reporting the prohibition on importing cordage and his fears of a similar order against flour, “which I am extremely sorry is so soon verified.” Encloses a copy of an order issued 4 Sept. by the inspector general of the corn market. “Not being perfectly satisfied as to the meaning of that part relateing to the Consumption, I sent to request an explanation & received for answer that the Consumption as well as the importation of all foreign flour after the 4th January next was forbidden & that what was then on hand must be exported.” Has little hope the ban will be rescinded given “the determination shewn by this Government, in adhereing to the Prohibition of Cordage, notwithstanding the exertions of the English & Russian Ministers,… [who] finally could only obtain permission to unload the Vessel that was half unloaded when the order was issued & such others as were then actually in port.” States in a postscript that “not being perfectly satisfied with the explanation sent me by the Administrator of the Cornmarket I sent up again to the Judge who entirely differed in opinion from the former, the latter conceiveing it was intended only to prohibit the importation, but the former still insists that the importation & consumption were both intended.”

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 1). RC 4 pp.; docketed by Brent. Enclosure (2 pp.) is a translation in Jarvis’s hand of a 4 Sept. 1802 order from João de Saldanha de Oliveira e Souza prohibiting the importation into Portugal of flour from foreign countries and declaring that “the space of four months is allowed for the consumption of the flour existing, as well as for what may arrive, counting from the date hereof.” Extract of Jarvis’s letter and enclosure are printed in the National Intelligencer, 22 Nov. 1802.

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


Title: From James Madison to Thomas Jefferson, [ca. 7 September] 1802
From: Madison, James
To: Jefferson, Thomas

Dear Sir
[ca. 7 September 1802]
Yours of the 6th. instant was duly brought by the last mail.
I inclose under cover to Mr. Brent, the answers to the Merchts. of Boston & Philada., which if approved you will be so good as to seal & send on to him. I inclose also a letter from Mr. Brent to me, for the sake of the explanation it gives relative to the consulate at Nantz. If Mr. Grant should not go, it is to be recollected that the vacancy there has been thought of for Mr. Patterson whose appointment to l’Orient interferes with the situation of Mr. Vail.
Docr. Thornton & his family are with us; and I believe mean to pay their respects to Monticello before their return. We shall ride up at the same time if my absence from home should not be forbidden by circumstances which I am endeavoring to defuse of that tendency. With respectful attachment I remain Yours
James Madison

   RC (DLC: Jefferson Papers). Undated; docketed by Jefferson as received 9 Sept.

   Thomas T. Gantt (see Brent to JM, 3 Sept. 1802, and n. 3).


Title: To James Madison from Daniel Brent, 7 September 1802
From: Brent, Daniel
To: Madison, James

Dear Sir
Washington Sepr 7th 1802.
Your favor of the 3d with its enclosures duly came to hand. I will endeavor to make the best use of your Requisition on the Treasury Department in favor of Major Lenox, and hope to succeed in satisfying him at the same time that I coincide with your wish on the subject. The extract from Mr Clark’s letter has been delivered to General Dearborne, according to the President’s desire. A Commission for Mr Shore has been filled up, and sent to the Sey of the Treasury’s Office, whence it will be forwarded. One for Mr Bloodgood was sent some time ago, by the request of Mr Gallatin.
I fear that you will be a good deal puzzled in the reading of the press Copies of Mr Livingstons letters, from their faintness. I forward an extract to the President from that part of one of them which relates to Mr Sumpter, and an entire Copy of Mr Sumpter’s own letter, herewith sent to you.
I understand that the Continuance of the french frigates, with the Guadaloupe negroes, at New York, gives great displeasure there. A Representation on the subject of these negroes has just been made to the Secy of War by the Mayor of New York, an extract from which I will subjoin to this letter. Mr Pichon intends, if he can effect it, to send the Ships and Negroes to France, and he sat out for New York this morning with that view. But I know not how he will do this, destitute, as he has told me he is, of the means of victualling the vessels.
I have just received a letter from Mr Wagner, in answer to one that I had written to him, on the subject of the obscure note in several of Cap: OBrien’s letters, that you recollect. I will send this letter to you by the next post. I will communicate the names of the Comms. of Bankruptcy in Connecticut to Judge Law by this day’s mail. I forward a letter herewith, just reced. from him. I have the Honor to be, Dear Sir, with great Respect & sincere esteem, your Obedt & faithful servt.
Danl Brent

Copy of a letter from the Mayor of N York to the Secy of War, dated Sepr 1st 1802.
Sir
You have probably heard that a french squadron is now in this port having between eleven and twelve hundred black prisoners on board—they are now at the quarantine ground, and being very much crowded on board, their sick and wounded have been received into the State hospital—this is by no means equal to their reception without totally abandoning the principal object of the institution, which was to provide for the numerous emigrants on board of private ships at this season daily arriving. I think therefore that the General Government ought to take some measures to provide accomodation for these people, or make arrangements with the French Minister to that effect, the more particularly as their stay is indefinite, and the season will augment the number of the sick.
The President has power by special act the [sic] employ the garrison troops in executing the quarantine laws—and as numbers of these blacks are daily escaping from the hospital and the Ships—I could wish that an order might be sent to Cap: Ingersol to furnish a proper guard to prevent their taking refuge in our Country. I am &&a
(signed)   Edw. Livingston.
PS I have thought it would be more satisfactory to you to have a Copy of the whole letter, which I have accordingly made—General Dearborne has given the order asked for to Cap: Ingersol.
D B.

   RC (DLC). Docketed by JM.

   Letter not found.

   See Livingston to JM, 12 May 1802, and n. 2, and Sumter to JM, 18 May 1802.

   Wagner’s letter to Brent has not been found, but for the “obscure note,” see Richard O’Brien to JM, 14 May 1802, and n. 1.

   Letter not found.


Title: To James Madison from Philip Wilson, 7 September 1802
From: Wilson, Philip
To: Madison, James

Letter not found. 7 September 1802. Mentioned in Daniel Brent to Wilson, 11 Sept. 1802 (DNA: RG 59, DL, vol. 14), as an inquiry about Wilson’s claim against the British government on account of his ship. Brent replied in JM’s absence that “the dispatches of Mr. King which were brot. by Major Lenox, contain no intelligence concerning your claim,… but I will lose no time in examining some of his antecedent ones, and in communicating the result of my search to you, if it shall prove successful.”


Title: To James Madison from James Leander Cathcart, 8 September 1802
From: Cathcart, James Leander
To: Madison, James

Dispatch No. 14
Sir
Leghorn Sepr. 8th. 1802
I conceive it my duty to forward Copy’s of all my correspondence that conveys the least intelligence to the department of State; however disagreeable this line of conduct may be on several occasions, I prescribed the rule myself, & from it I am resolved not to swerve, ’tho I am convinced it will procure me many private enemies, but at the same time I flatter myself it will promote the general good of the service & I assure you that only is my reason for forwarding the enclosed letter from Captn. Andrew Morris as it contains the most severe & pointed censure on the conduct of one of our gentlemen in command.
Enclosed is a copy of my dispatch No. 13 & its inclosures. I hope the measures their [sic] delineated will meet the approbation of government; I have read of my appointment to the Consulate of Algiers in a Newyork Newspaper, for which fresh mark of the Presidents & my Countrys approbation give me leave to return my most sincere thanks, & to assure you that the whole study of my life will be to merit a continuance of their confidence.
I have receiv’d no news from Barbary since my last, but by a letter from our Consul at Malta dated the 6th. of August I am inform’d that Hamet Bashaw the brother of the reigning Bashaw of Tripoli was preparing to depart in a few days for his government of Bengasi & Derna where undoubtedly he will be murder’d in less than six months.
I am in anxious expectation for instructions & a credit—to answer my expenditures here which I requested some months ago & remain with sentiments of the greatest respect & esteem Sir Your most Obnt. Servt.
James Lear. Cathcart

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). For enclosure, see n. 1.

   Andrew Morris’s letter to Cathcart, 22 July 1802 (6 pp.; docketed by Brent as received in Cathcart’s dispatch no. 14), repeated the substance of his letter to Eaton of 21 July (see Eaton to JM, 5 Aug. 1802, n. 2) and added more suggestions about how the war with Tripoli should be conducted. After describing his capture, Morris criticized the navy command in general for not guarding the waters off Cape Bon, “a place that the necessity of strictly guarding, must appear to every naval Commander at War with Tripoli.” But Morris reserved his worst scorn for the captains of the American frigate and Swedish frigate blockading Tripoli, who during the five hours while the Tripolitan ship approached the harbor “never made the least effort to obstruct our progress when it was certainly in their power to Capture or run the Pirate on Shore before it was possible for them to be protected from their batteries” (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:176–78).

   See Cathcart to JM, 4 Sept. 1802, and n. 1.


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

Dear Sir
September 8: 1802. In Madrid.
In addition to my letters by Mr Codman I am to inform you I have this day recieved intelligence from Algiers that France by sending some 74 Gun ships & other armed Vessels to that place with a Plenipotentiary on board has forced the Dey to submit to such terms as Bonaparte thought proper to prescribe.
The Dey has been obliged to renounce all old claims for money on France.
To release three Neapolitan Vessels Cargoes & Crews taken near the french shore & punish the Algerine commanders who took them very severely
To admit the free navigation of the Italian Republic. To pass all french Vessels without passports—& it is said to give to the French the place called Le cal who are to fortify it. It is added that at the time the French Envoy demanded & the Dey was obliged to submit to these terms, that the Envoy told him he was charged by Bonaparte to inform him, if ever Algiers committed the least outrage or in any degree insulted the flag or injured the commerce of France, he would erase her name from the list of nations. Such is my intelligence from Algiers & having reason to confide in it I hasten to transmit it to you.
England will certainly do the same & it will then be seen on what power the Dey will endeavour to depredate; for the freedom of the Navigation of the Italian Republic will enable them to cover under their flag both the Neapolitan & Ligurian commerce. Indeed it is expected that France considering Liguria & Batavia as much her children as the Italian Republic will very soon stipulate or insist that their Navigation shall be equally free. I am told the Dey has lately been enquiring about our annuities. I have Written lately to Mr O’brien in answer to his Letter, but owing to some difficulty I cannot get an answer from him, although no doubt he Writes to you via Gibraltar & Cadiz. My instructions saying nothing to me on the subject of the Barbary States, I do not consider myself as authorised to interfere further than in the transmission of intelligence or letters. Please present me respectfully to the President & Believe me dear sir with sincere regard Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6). Docketed by Wagner as received 23 Nov.


Title: To James Madison from Thomas Appleton, 8 September 1802 (Abstract)
From: Appleton, Thomas
To: Madison, James

8 September 1802, Leghorn. “The unhappy situation to which the ships of the UStates are exposed in these seas, has put a stop to almost all our Commerce with this place for the last month.” Forwards letters from Captain Murray of the Constellation to the secretary of the navy and dispatches from Cathcart and refers JM to them for the “actual position” of the U.S. with Tripoli. “The Affairs of Italy have experienced no essential change of late whatsoever. The King with all his family are now here in order to embark … to Barcelona to be present at the Nuptials—the health of his Majesty is beyond example wretched having been seized with two epileptic fits in as many days. It is in truth difficult to Conceive that an object of no greater magnitude, than being a witness to a Ceremony of marriage, should be sufficient to induce him to leave his Kingdom, if he Considers the present unstable foundation of most of the governments of Italy.” The British continue to garrison Malta and Alexandria. Asks JM to accept a small bust of General Washington. “It was made by my directions at Volterra, the only place where the stone is found.… The smallness of the intrinsic value, will I presume, do away the Necessity of further apologizing for the liberty I have taken. It is contained in a small box and addressed to the Care of the Naval Officer at New-York.”

   RC (DNA: RG 59, CD, Leghorn, vol. 1). 3 pp.; docketed by Brent.

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


Title: To James Madison from William Buchanan, 8 September 1802 (Abstract)
From: Buchanan, William
To: Madison, James

8 September 1802, Ile de France. Refers to his last dispatch on 31 July enclosing a return of the American vessels that had arrived through 30 June. U.S. laws defining the powers of consuls are so limited that “it has not been in my power to make the return agreeably to your instructions, as I have no authority to demand from the American Captains the necessary informations.” During the war frauds were perpetrated by which persons “not entitled to own American ships, have enjoyed all the benefit of American Registers, which it was impossible for the Consuls to prevent, as they were not empowered to demand a Sight of the ship’s papers.” “It has frequently happened, that Ships have been Sold at this port, and the Registers used to trade between this Port, and India and sometimes for the slave trade to the River la Plata.” Since he last wrote, “the assembly of this Island have passed a law compelling all Consuls to procure exequaturs from France, before they can be acknowleged by the Administration of this Island.” Requests JM to forward his commission to the American minister at Paris so that his exequatur can be procured and sent to him.

   RC (DNA: RG 59, CD, Port Louis, vol. 1). 1 p.; docketed by Wagner as received 16 Dec.

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


Title: To James Madison from John Graham, 9 September 1802
From: Graham, John
To: Madison, James

(private)
Dear Sir
Madrid 9th Sepr 1802
Some time since I had the Honor of addressing you, to return my thanks for the Kentucky Papers which you had the Goodness to send me; and also to express my mortification for having troubled you with a request concerning pecuniary matters on which the Law had not given you power to decide. Since then I have not taken the Liberty to write to you; but as Mr Codman offers to me a safe conveyance for my Letter, and as it appears to me that you will be particularly anxious, on the receipt of the Dispatches which he takes over, to gain full information of the state of our affairs at this Court, I will venture to communicate to you what little I have been able to collect; and I will even venture to express to you my opinions—more particularly as they differ from those of Mr Pinckney.
The Mississipi Business is, I fear all at an end here. Mr Cevallos has ever avoided any candid communications on that Subject—and to this Moment Mr Pinckney has not been able to get any satisfactory Information from him; but from an other source I have learnt (and I beleive the intelligence may be depended upon) that in July last, the definitive arrangements were settled between the French Embassador & Mr Cevallos for the Cession & Evacuation of Louisiana—this was in compliance with a Treaty made in 1800, in which it was stipulated that Louisiana should be returned to the French at the close of the War. The Spaniards wished to evade this Treaty but they were not permitted to do so. I am told the Ancient Boundaries of the Provence are adhered to, these, on the East of the Mississipi are, I beleive the Iberville, and the Lakes Maurapas and Ponchatrain, at least these are pointed out in the Treaty of 1763 as dividing the French from the British Possessions, in that quarter of the World. I have no possitive information on this point, and as the French say that they get back Louisiana as of right belonging to them, and as some of their Geographers have extended this provence as far as the Mobile it is very possible that they have now fixed upon that River as their Eastern Boundary, more particularly as they have it in view to supply our western Country with European & other Goods, which can be done more conveniently by the Mobile than the Mississipi. To us it is not very material which of these is to be their Boundary, for either the one or the other would cut off West Florida from any point on the Mississipi conveniently accessible to vessels from the Ocean. I very much lament that this is the case, not that I conceive there is any probability of our getting Florida; but because I am told there is no stipulation made with the French that we shall enjoy the same Rights & Privileges in the country ceded to them, which we have hitherto enjoyed there, under our Treaty with Spain. This information was given to me by a French Gentleman who had it from his Embassador. Various reasons would induce me to credit it, even if the silence of Mr Cevallos on that Subject did not carry to my Mind a Conviction of its truth. On this I have written two Letters to Mr Livingston, for which I hope my peculiar situation will plead my Apology.
As to the Convention which Mr Codman takes over to America it is not for me to give an Opinion, I can only say that the Negotiation has been conducted in such a way as to throw very little light upon the Subjects of difference between the two Governments. Mr Cevallos has contrived without using a single Argument to spin out the Negotiation for five months, and has I think succeeded in his Object, which appears to have been, to do as little as possible, and to do that little as slowly as possible. I am by no means so sanguine as Mr Pinckney, in my Expectations that this Government will go farther than they have gone, except in the cases of direct violation of Territory. This is to be lamented as from the returns in the Consular Office here, it appears that our Claims upon them for French Spoliations are more numerous than those on any other account, some few of these may come under the Convention; but not many. As to the Claims from South America we know very little of them here; but from what I have heared, we can have no possitive right to demand satisfaction for them because the Trade to that Country to have been legal must have been in the name of Spanish Subjects.
You will see that I do not place our Affairs in the same favourable point of view that Mr Pinckney does. I wish I could think with him; but as I do not, I conceive it my Duty to state to you that in my Opinion, nothing will be done here advantageous to the United States unless an other Minister is sent out pointedly charged to speak boldly—with this Government, I beleive no other plan will succeed—and I have my doubts whether this will for they look upon it as degrading to pay for the Excesses committed by the French when the French themselves were not obliged to pay—and independent of this they have not money I am told to meet their necessary Expendatures. It strikes me however that should a Man of Talents & Address be sent out & not be able to obtain direct compensation for our Losses, he might, in lieu thereof secure some commercial advantages, which in a national point of view, would be more than equivalent. I think this a very favourable time to propose a Measure of the kind for the Spanish Merchants are not able to carry on their own Trade as appears by a Remonstrance of the Inhabitants of the Havanna to the King—and it is said that this Government will do any thing rather than part with Money. I have reason to think that they wish to make some commercial arrangement with us—for Mr Cevallos has applyed to an acquaintance of mine to give him a detailed view of the Trade between the two countries which might no doubt be made mutually beneficial in a high degree.
I have thus, Sir, given you my Opinions with a Candour which springs from a desire of being useful & I trust you will not look upon it as infringing that Respect with which I have the Honor to be Yr mo: Obt Hume. Sert
John Graham

   RC (DLC).

   JM’s letters to and from Graham have not been found.

   Article 7 of the Treaty of Paris of 1763 between Great Britain, France, and Spain defined the boundaries between the then British and French territories in North America (Davenport and Paullin, European Treaties, 4:94).

   See Graham to Robert R. Livingston, 12 July 1802 (NHi: Livingston Papers). As Graham noted in this letter, he feared that Cevallos had not been candid when asked about the guarantee of American rights on the Mississippi River, and he added that, as to Spain, “we have but little to expect from the friendship or even justice of this nation” (italics indicate code).

   This judgment contradicted that of Pinckney, expressed in his letter to JM, 24 Aug. 1802.


Title: To James Madison from George W. Erving, 9 September 1802 (Abstract)
From: Erving, George W.
To: Madison, James

9 September 1802, American Consulate, London. Encloses a copy of a letter from the U.S. consul at Tangier “announcing the establishment of peace” between the U.S. and Morocco. Has forwarded “proper notice of this pleasing circumstance” to U.S. consuls in Great Britain, Holland, and Germany.

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 1 p. Enclosure (1 p.) is a copy of a circular letter from James Simpson, 12 Aug. 1802 (a copy addressed to Josef Yznardy is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:232).

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


Title: To James Madison from Thomas Jefferson, 10 September 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 10. 1802.
Yours by yesterday’s post is recieved. The letter to Higginson & others is entirely approved, and is sealed & forwarded to mr. Brent. The Consulate at Nantes must be disposed of according to our former arrangement. I do not know whether the mr. Lynch recommended is the one who was living at Nantes when I was in France, or his son. Of that one there is something not favourable resting in my mind, altho’ I cannot recollect the particulars. But Patterson’s claims are certainly superior. I recd. from mr. Brent extracts from the letters of Chancr. Livingston & Sumpter concerning the resignation of the latter. I presume he does not wait for a formal permission. But suppose it had better be sent. I inclose you a commission of bankruptcy for your signature. It is to correct an error of having given a former one to a person of the same surname, for which this is now substituted. Mr. Brent reminds me of a parcel of blanks he sent for signature. I remember signing them, & sending them either to yourself or him.
We shall be very happy to see yourself, family, & Dr. & mrs. Thornton here. The Govr. is up at present; goes down on Thursday (16th.) and returns on Tuesday (21st.). When you get to the forks of the road at Will Becks’s, the other side of Milton, a turn of the road forces you to the river at Milton, & when there it is better to cross there & come round along the public road on this side the river, my private one being hardly wide enough & safe for a carriage, altho’ my waggons & carts do pass it. This adds a couple of miles to the length of the journey. With my best respects to the ladies accept assurances of my constant & affectionate friendship.
Th: Jefferson
P. S. I notify the offices at Washington that the post which leaves that place on the 24th. inst. is the last by which any thing should be forwarded to me here.

   RC (DLC); FC (DLC: Jefferson Papers).


Title: To James Madison from Isaac Cox Barnet, 10 September 1802 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

10 September 1802, Bordeaux. Has received JM’s letter of 22 June [not found] enclosing his commission as commercial agent for Antwerp. “I am preparing to leave this and expect to be at my post by the beginning of October.… The post assigned me equals my highest wishes.” Will sign the necessary bonds and transmit them to his uncle, Dr. Barnet of New Jersey, for the signatures of his sureties. “The receipt of your pacquet Sir, excited my highest sensibility—and persuaded that your kind suffrage has emminently contributed towards restoring me to Presidential favour,… I beg you will accept my grateful acknowledgements.”

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

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


Title: To James Madison from William Kirkpatrick, 10 September 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

10 September 1802, Malaga. Forwards copy of his letter to JM of 10 Aug. Since then “you will have been advised thro’ Gibraltar, that Matters had been arranged between James Simpson Esqr. and the Emperor of Morocco, for a Continuance of Peace; I hope it may prove of long duration, tho’, the Conduct of the Emperor does not seem to be so friendly, as might have been expected after such a solemn Engagement.” A Moorish vessel loaded with wheat that called at Málaga on 28 Aug. was reportedly on its way to Tripoli, and a 2 Sept. letter from John Gavino notes that a Moorish crew had arrived at Gibraltar to take possession of the Tripolitan cruiser blockaded there and sail it to Tetuán. Encloses copy of a letter just received from Richard O’Brien “by which you will observe, that the French have forced the Dey [of Algiers], to Come into their Terms in every Respect.” Commodore Morris sailed from Málaga on 26 Aug. with the Enterprize, convoying twenty-eight American and Swedish ships to Leghorn. The Boston arrived the same day; “after taking a Supply of Spirits Water &ca.” it proceeded on 3 Sept. to Gibraltar to procure provisions for the voyage home.

   RC (DNA: RG 59, CD, Málaga, vol. 1). 2 pp. Enclosure not found.

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


Title: To James Madison from Josef Yznardy, 10 September 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

10 September 1802, Cadiz. Transmits a copy of his letter to JM of 23 Aug. and a packet from Charles Pinckney; encloses a list of arrivals at Cadiz from 1 July 1800 to 30 June 1802 [not found] and a copy of circular from John Gavino. Advises JM of “the rumour spread about here of the Algerins having, or being on the point of declaring War against Great Britain.”

   RC and enclosure (DNA: RG 59, CD, Cadiz, vol. 1). RC 1 p.; in a clerk’s hand, signed by Yznardy. Docketed by Wagner as received 23 Nov.

   The surviving enclosure is a copy of a circular from Gavino to Yznardy, 6 Sept. 1802 (1 p.), reporting the arrival at Gibraltar of “36. Moorish Seamen for the Tripolin Ship laid up at this Port, among them is the Commander of the late Tripolin Brig sold here. The report is that she is the Emperor of Moroccos property, and goes from hence to Tetuan for Provisions & from thence to Tripoly.”

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


Title: To James Madison from Hans Rudolph Saabye, 11 September 1802 (Abstract)
From: Saabye, Hans Rudolph
To: Madison, James

11 September 1802, Copenhagen. Refers to his last letter of 26 Mar.; “the two points therein mentioned, have since been settled favourably.” Sugar imported in American bottoms will pay only 1 percent more duty than that imported in Danish ships, and the Danish government has given up its claim to one-third of the cargo of the Hercules, wrecked on the Elbe. Encloses the “Semi-annual List of the Ships, that have passed the Sound” [not found]. Although trade in general has been “very dull” since the peace, Copenhagen has been the best market in Europe, “and several of the Ships bound for this place, have made great Voyages, particularly when loaded with Rice and Rum.” Encloses a price current.

   RC and enclosure (DNA: RG 59, CD, Copenhagen, vol. 1). RC 2 pp. Surviving enclosure is a one-page price current.

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


Title: To James Madison from William Bingham, 12 September 1802
From: Bingham, William
To: Madison, James

Sir,
London Septemr 12th 1802
I had the Honor of addressing you under Date of the 19 July & having then wrote you a very long Letter, must apologize for again troubling you on the Same Subject.
I therein mentioned that the Plaintiffs in the Action in Massachusetts concerning the Brig Hope & her Cargo, had produced on the Trial, Proof that the Cargo was British Property. But however natural, Such an Inference, knowing that they were in Possession of Such Proof, yet I find I was mistaken.
By their Exertions in procuring every Species of Intelligence in Europe (after they had commenced their Action in 1793) which could benefit their Cause, they had obtained in August 1793 of the Same Year, ample Testimony to that Effect. But, on inspecting a Copy of the records of the Trial, before Judge Cushing in June 1794, it is found they made no Use of this Proof.
The Reason for their Suppressing this important Evidence, would appear inexplicable, if there was not a Clue, which unravels the Mystery.
From the Enquiries which have been made on this Subject, there is reason to Suppose, that the Destination of these Funds, being known to the Owners of the Cargo in Europe, an Application will be made for their Surrender, Supported by the Proof which the Owners of the Vessel will produce, of her being Danish Property—about which there is no doubt.
It will be observed that by the Proclamation of Congress of May 9. 1778, as well from the Policy of conciliating the Good Will of the maritime Neutral Nations of Europe, as with a View of curbing those licentious & flagrant Aggressions on the rights of Neutral Nations, as had been recently committed, the United States very early adopted the Principle of free Ships making free Goods, which afterwards became Part of the maritime Code of Europe. They in this Proclamation, prohibited their Cruizers from molesting any Neutral Vessels on the high Seas, except they were laden with Contraband Goods, or were carrying Soldiers to the Enemy.
The Commission of this Privateer was not granted untill Sept 1778, as will appear by the records of the Trial.
It is therefore on the Plea of having placed implicit Faith on the Ordinances of Congress, that this Claim will be Supported. The Danish Vessel in Consequence thereof having loaded with British Property—& the Underwriters who are the Representatives of the Owners, as far as the Cargo was insured, having in the Same Confidence made the Insurance proportionably low.
It will be found that the Plaintiffs, aware of the Force of this Plea, had instituted a Suit for the recovery of the Vessel likewise (for which the United States are equally responsible) claiming her as Prize, & therefore, not Neutral.
By Mr Davis’s Letter to the Secretary of State, as late as Nov 1 1796, it will be Seen that the action for the recovery of this Vessel Still continued.
Now long before this Period, they were in Possession of a Document, which afforded incontrovertable Proof of the Vessel being Danish, derived from the Same Authority, which had informed them that the Cargo was British, as you will observe by the enclosed Copy of the Answers to their Queries, which they had (thro their Correspondent) put to the Shippers of the Cargo at Cork.
And there is no doubt that this Testimony obtained in Augt 1793, was the only Proof they have ever acquired of the Cargo being British.
But on consulting the records of this very extraordinary Suit in the Circuit Court in 1794, it will be found that this important Proof of the Cargo being British, So calculated to make an Impression, was never produced to the Court or Jury.
The Reason is evident. It would have altogether defeated their Hopes—as well with respect to a Judgment for the Vessel, which was the Object of our Suit, as for the Value of the Cargo, which was the other Point in View—for it will be observed, that the Same Document, that proved the Cargo British, contained the fullest & most unequivocal Testimony that the Vessel was Danish.
Now, Under the Authorities they derived from their Commission, they had no right to molest or capture this Cargo, Sailing under the Protection of a Neutral Danish Flag. On the Contrary there was a Strict Prohibition against it.
In order therefore to obtain Judgment, in the Suit for the Cargo, they relied Solely on the Evidence of a Witness who deposed, that whilst acting in a public Character, I had been in possession of this Property, which their Privateer had Captured, & that I refused to deliver the Same, when he was authorized to receive it from me—& on this Exhibition of Evidence, without any Proof of Prize, was the Verdict of the Jury, under the Direction of the Court, founded. All Testimony to prove by what Authority it came into my Possession, the Destination of the Proceeds, after it was Sold, by order of the General, the release of the Vessel being Neutral, by the Same Orders, & the Papers found on board which ascertained this Point, were all offered by the Council & rejected by the Court.
With Such feeble & unsubstantial Testimony, & a Court & Jury Similarly constituted, & the Same Prejudices excited, they will likewise recover from the United States, the Value of the Vessel—for She too had been captured, & She had been in my Possession. But it is unnecessary to dwell on these Points at present, as they will probably form a Subject of Serious Enquiry.
It is not unlikely that Application from the Claimants of the Proceeds of this Cargo may be made in the first Instance to me, after they have heard of the Destination of these Funds. To be prepared for Such an Event, I must request that you would be So obliging as to enclose to me an authenticated Copy of the Certificate of the Marquis de Bouille, which will exhibit the Conditions of the Trust, & will authorize me in referring the Parties to Congress, who will after an Investigation of the respective Claims of the Parties, before a competent Tribunal, form their Decision, & give their Orders for the Delivery of the Balance, (according to the Words of the Trust) to whomsoever they may of right belong.
For my own part, I am most anxious to disburthen myself of these funds, which it is evident I accepted with reluctance, & which have been, Since they were brought back into my Possession, a Source of great Trouble & Vexation. I have the honor to be respectfully sir Your obedt hbe ser
Wm Bingham

   RC and enclosure (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). Docketed by Wagner.

   Letter not found.

   Worthington C. Ford et al., eds., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37), 11:486.

   John Davis, then U.S. district attorney for Massachusetts, represented the government against the Cabot family claimants in the Hope case (Alberts, Golden Voyage, pp. 365–66).

   Bingham enclosed a “Copy of the Answers of Denroches & Thompson, Shippers of the Cargo of the Brig Hope, of Arundel, to the Queries of the Owners of the Privateer Pilgrim, as presented to them by their Correspondent at Cork,” 31 July 1793 (2 pp.).

   JM enclosed a certified copy of the marquis de Bouillé’s certificate in a letter to Bingham of 14 Apr. 1803 (DNA: RG 59, DL, vol. 14).


Title: To James Madison from William C. C. Claiborne, 12 September 1802
From: Claiborne, William C. C.
To: Madison, James

Sir,
Mississippi Territory Town of Washington September 12. 1802
On the 8th Instant, I had the honor to receive your Communication of the 20th of July, and on the next day, I published a hand Bill, addressed “to persons Claiming Lands within the Mississippi Territory,[”] and of which the enclosed is a Copy.
In my publication, I have endeavoured to comply literally with your instructions, and I trust the Language which is used, cannot be construed “as Committing the Government on [one] hand, or damping expectations, too much on the other.”
There exist a variety of Tittles for Land in this Territory, and I fear, it will not be in my power, to detail them with accuracy, but I shall carefully collect the best information, within my reach, and will make a General Communication to you, on the subject early in November.
I find that some designing men are endeavouring to impress upon the Citizens an opinion, that the filing of their Claims will be injurious to them; I do not yet know, how far they may succeed; It is however probable, that they may excite some alarm, and prevent a General return of Claims.

Under Cover of a letter, which I addressed to you, on the 20th of January last was inclosed a Communication made to me, by Mr Harding, at that time, the Attorney General for this District, stating the situation of some Claims for Land: A Copy of Mr Harding’s Communication having been mislaid in my office, I will thank you to furnish me with one from your files. With great respect and Esteem I am Sir Your most obt. Servt
(Signed)   William C. C. Claiborne

   Letterbook copy and copy of enclosure (Ms-Ar: Claiborne Executive Journal). Enclosure (4 pp.) printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:177–80.

   Claiborne referred to JM’s letter of 26 July 1802.

   To Persons Claiming Lands within the Mississippi Territory … William C. C. Claiborne. Town of Washington, Sept. 9th, 1802 (Natchez, Miss., 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 2676).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:413.


Title: To James Madison from Stephen Cathalan, Jr., 12 September 1802 (Abstract)
From: Cathalan, Stephen, Jr.
To: Madison, James

12 September 1802, Marseilles. Mentions that this dispatch will be sent to JM via William Lee at Bordeaux as was his last of 6 Sept. Transmits three packets of dispatches from James Leander Cathcart for JM and a letter to Messrs. Sammert and Brown, which Cathcart in a letter of 3 Sept. asked Cathalan to forward “to Some port of the Atlantic ocean … to prevent the possibility of their falling into the hands of any of the Barbarians.” On 9 Sept., received a 12 Aug. letter from James Simpson with news of the reestablishment of peace between the U.S. and Morocco. Reports that on 9 Aug. a Swedish frigate arrived with a convoy of Swedish merchantmen and two American ships, the Venus of Newport and the Columbia of Providence. An eleven-day quarantine was required for all the ships, which had been at Gibraltar, but the Swedish frigate and merchantmen took on provisions and sailed after five days. The American ships completed the quarantine with no sickness on board; however, within a few days three crewmen from the Columbia fell sick, two of whom died. A diagnosis was made of “Malignant Fever with Symptoms of the yellow Fever,” and the Columbia was ordered to return to quarantine. The ship was subsequently released and then quarantined again after two more men became ill. Of the fourteen crewmen on the Columbia, five fell sick and three died; this “may be Deemed Sufficient to alarm the French aut[h]orities and this populous City.” Encloses a copy of his official correspondence on the subject. “All the French or neutral merchantmen from the West indie⟨s⟩ on their arrival here are Submitted to a quarantine, and precautions are not Spared to prevent the introduction in This place of the yellow Fever or any other Epidemical disease.” Describes the case of a newly appointed commercial agent of Russia who, as a native of France, was reportedly apprehensive he could not get an exequatur but “he obtained it without the least difficulty. The question is whether the Minister was or not informed he is a french Native.” Once he is able to question this man, Cathalan will make a new application for his own exequatur through the offices of his patron, Joseph Bonaparte, “stating this fact as it is.”

   RC and enclosure (DNA: RG 59, CD, Marseilles, vol. 1). RC 5 pp.; docketed by Wagner. For enclosure, see n. 1.

   The enclosure, “A Copy of the official Correspondance which has taken place relatively to the Ship Columbia of Providence, G. A. Hallowel Master,” 12 Sept. 1802 (6 pp.; partly in French), includes Samuel W. Greene to Cathalan, 31 Aug. 1802, announcing the return of the Columbia to quarantine and complaining that the commissary of police had stationed a number of soldiers on board ship; Cathalan to Greene, 31 Aug. 1802, promising to “do the Needfull near the proper aut[h]orities” of Marseilles; Cathalan to the commissary of police, 31 Aug. 1802, enclosing Greene’s letter and objecting to the posting of armed men on the ship as being contrary to the 1778 convention between France and the U.S.; commissary of police to Cathalan, 31 Aug. 1802, defending his decision to place five soldiers on board the Columbia for the duration of the quarantine; Cathalan to the commissary of police, 9 Sept. 1802, requesting a meeting with the latter. The enclosure ends with Cathalan’s note, “I am, now, Making proper applications to obtain if there is no more danger, the free pratick of the Columbia and Crew.”

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


Title: To James Madison from William Eaton, 12 September 1802 (Abstract)
From: Eaton, William
To: Madison, James

12 September 1802, Tunis. Has suggested in former communications that “when these regencies prevail on a tributary national Agent to state a demand to his Gov. they raise an assumpsit on this compliance. I have consequently been uniform in refusing to state their demands. Steady to this resolution I now refuse to write for a thirtysix gun frigate.” The bey decided to write demanding the ship himself but requested that “I should make a form of the letter which he would send the President under his signature.” Has refused.
In a 29 Aug. conversation at the palace, tried to discourage this demand by pointing to “our late delivery of regalia” and the terms of U.S. treaty with Tunis. “I asked the minister, If he was not ashamed to make the demand after having received such valuable presents from the UStates, and so lately? He answered in substance—‘The presents already received were mere peace stipulations, which ought to have been delivered years ago.… It is six years since your peace negociation was begun. We expected full payment in a year. You came out with nothing.… You have made us no consideration for this forbearance.… We shall expect a different answer to this request. His Excellency, my master, is a man of great forbearance; but he knows what steps to take with the nations who exhaust his patience with illusive expressions of friendship—as you have learnt from the Danes, Spaniards, and others.… We shall expect therefore that you will give us your influence to obtain us a frigate.… And should a rupture happen and [the president] be made acquainted with your neglect of duty, he must impute the cause to you alone!’ To which I answered—Let the Bey write the President. He can undoubtedly state his pretensions with more perspicuity than I can.”
At the palace on 2 Sept. the demand was repeated to Eaton’s dragoman who replied that Eaton would not write either directly or indirectly. “The Minister said ‘It is what all the tributary Consuls do—and the American is in an error if he thinks to break our established customs!’” Eaton met with the minister on 4 Sept. when the latter again demanded, “in an imperious tone,” a form of a letter to the president. “I asked again on what pretext he founded his claim for a frigate and why he so strenuously insisted on my forming the letter? … Said he—‘We must have this expression of friendship, as you have given the Dey of Algiers. My master … don’t know what stile would be agreeable to your master. You therefore must form the letter … to insure our object.’” Eaton continued to refuse, offering to send the letter if the bey wrote. “‘He will write,’ said the Minister, irritated,… And ordered the Dragoman to come on the 7th. and receive the letter ‘Which’ said he to me ‘you will send off by your Ship express!’” Eaton eventually received the enclosed letter, marked D, on 10 Sept. “There can be little doubt that this demand of the Bey has for its object a pretext of rupture, in case circumstances should encourage his hope of plunder or of greater concessions. He certainly cannot be stupid enough to suppose it will be yielded him. He is penetrating and subtile as he is avaricious;… witness the surprize of the Danes in 1800.… He certainly starved Mahamet Bashaw out of his kingdom to force him into the hands of his brother. I once thought him partial to the exile,… but state policy has outweighed individual attachment. These regencies, though always jealous of and freequently bickering with each other, are one in principle, interest and pursuit; and, of course, either openly or covertly allied in their measures against the Christian nations who furnish them tribute or booty. We find that their arrogance increases in proportion to the moderation of the nations they dare insult.” The bey is angered by Eaton’s refusal to grant passports to Tripoli for Tunisian merchantmen, although for all the good the blockade has done, he might as well have consented.
On 5 Sept. the Constellation arrived off Tunis and Eaton received the enclosed letter, marked A, “from which it will appear that the coast of Tripoli is now totally abandoned by our ships of war. Thus ends the expedition of 1802!” Agrees with Captain Murray that “to keep up the blockade, in the manner it has been kept up, is of no avail” but thinks Murray’s abandonment of the coast goes too far. “The circumstance however furnishes additional evidence of the accuracy of my uniform opinion that our present mode of warfare is not sufficiently energetic. The idea of ‘giving security to our trade by frequent convoy’ will be found as unavailing as the blockade. Our merchantmen, impatient of long delay, will hazard themselves at sea; and the enemy, finding no impediment before his port, will become more enterprizing.” The expense of this measure would be great and last indefinitely. “Would it not be more safe and less expensive to buy a peace? … But are the Government and people of the UStates prepared for this abasement!”
On 8 Sept. the Constellation appeared again. The following day the bey sent Eaton a message: “‘Tell the American Consul I will not suffer the ships of war of his nation to cruise in my harbor. If they enter here they shall anchor, their commanders come ashore, according to custom let me know their object and their wants—and pay me and the neutrality of my port the respect due to a sovereign!’ I returned the message ‘Tell the Bey … when he will pay our ships of war the same respect as those of other nations in amity I will … be responsible that the civilities shall be reciprocated. But so long as he refuses the usual salute to our flag, and with holds the customary present of provisions to our ships of war, as has hitherto been the case, if he expects gratuitous compliments he must be disappointed.… In the mean time our ships of war would cruise on his coast and look into his ports whenever circumstances rendered it expedient.’”
States that “on delivery of the regalia from London last spring I proposed some alterations in the treaty; particularly the articles of duty and salutes” but the dey said he was “satisfied with the treaty as it is.” The minister added that if the treaty was renewed, more “peace presents” would be expected. Notes that commercial prospects have changed in the last year, as the French “are binding these regencies to conditions which will secure to themselves the exclusive Commerce of this Country.” The French pay 3 percent on imports; Americans by treaty pay 10 percent. “This however is not a very weighty matter: the commerce of the UStates with this country will never be likely to become an object: These people flatter themselves of profiting of our commercial enterprizes on easier terms.”
Encloses triplicate copy of 18 Aug. letter from Murray, marked B, the original of which he received 2 Sept., “by which it will appear that notwithstanding he differed much with regard to my ideas on the project with Mahamet Bashaw when at Gibraltar, he has at length come into the General measure and taken the most direct steps to defeat the object.” Asserts that all his efforts have gone to prevent the pasha from going to Derna; yet Murray has offered to take him there in the Constellation. “It is singular that the Capn. should not have apprehended that the circumstance alone of the Bashaw’s going to that place in an enemy’s frigate would excite a just suspicion of treachery!” Besides, Derna is a fortified town and the frigate would have been seized in port. If the pasha proceeds to Derna “he will certainly be put to death.” The captain’s letter is “evidence of a conviction of the error of his judgement, passed on this measure at Gibraltar,” but his compliment of “respect for my unwearied zeal to serve my Country is not sufficient indemnity” for the injury caused by the mistake.
Also encloses depositions, marked C, taken two days after receiving Murray’s letter of 18 Aug. “They place his declarations relative to taking the Gloria’s men in a doubtful point of view.”
Observes that since Murray’s arrival in the Mediterranean “he has taken steps tending to defeat measures calculated to distress the enemy and effect an honorable and secure peace to the UStates; countenanced conduct tending to encourage sedition and mutiny in the merchant vessels of the UStates; neglected his duty in suffering all vessels to pass unvisited from Gibraltar to this place; and finally abandoned his post before the enemy without orders, and thereby left the coast clear for the departure of cruisers of any force and for the entry of all prizes they may make, to the disgrace of the arms and prejudice of the interests of the UStates.” Makes these points to show that the U.S. needs more commanders like Truxtun, Shaw, and Sterett, whom Murray refers to as “mad-men.” When the U.S. squadron first appeared, the enemy’s naval force was at sea, their shore defenses in disrepair, and “scarcely a sentinel on their ramparts,” but Commodore Dale did not take advantage of the situation and the occasion was lost. Then the project to capture the Tripolitan admiral failed, and the U.S. warships abandoned the coast. Next, the “strategem” of using the pasha’s brother was resorted to. “But this project is finally lost also. It has been sacrificed to a punctilio—or disconcerted through weakness.”
“During these transactions the enemy has gained more than a year to strengthen himself at home—to attach allies to his cause abroad—and to fortify his arrogance by capture of our citizens! And what have we acquired? National contempt! We must now, as it were, begin the war anew.… Or we must subscribe to a peace which will entail on posterity eternal humiliation and unlimited pecuniary sacrifices.”
On 28 Aug. four French warships arrived at Tunis from Algiers, having settled their differences with Algiers “à l’amiable!” However “humbled by the french,” the dey “is left intire in all his resourses to humble smaller nations.” On 31 Aug. the French admiral and suite presented the bey with a gold saber studded with diamonds worth about $2,160. The same day the bey proclaimed “That no turk insult a Frenchman on pain of death!” Four Turkish armed watchmen were condemned for trying to arrest a number of French officers in the streets the evening of the same day; they were reprieved through the intervention of the admiral. “When shall we see these distinctions paid to an American squadron!”
The French mission’s object is not yet clear. It is rumored that the French demand an indemnity for ships captured at Tunis by the British on 9 Mar. 1796 and the liberation of 150 Sardinian slaves, “descendants from Piedmont.” “Whatever is demanded will be yielded.… But a most important article of this convention, as it effects us, is that the flag of the Italian and Ligurian republics shall be free! I am told the same article is yielded to by Algiers. This deprives the regencies of a grand source of plunder.”
The Danes have renewed their peace with Tripoli for $20,000 and an annual payment of $5,000. A stipulation of the convention, according to the enclosed letters from Nissen of 16 and 24 Aug., is that the Danish consul “shall not interfere in the American affairs.” This contradicts the assurances given by the king of Denmark through an 11 July 1801 letter from the board of Barbary affairs in Copenhagen, a copy of which Eaton forwarded to the State Department. “The same document shows that this is a project concerted with a view of placing the affairs of the UStates at Tripoli under the influence of an Algerine Jew and a Spaniard! … I believe there can be no doubt that the Jews at Algiers influenced the rupture with Tripoli with a view of getting Mr. Cathcart out of the Country.… Both Farfarra and DeSouza (the Spaniard) are known enemies to Mr. Cathcart. How long will Government suffer foreigners, whose interests are so much opposed to those of the UStates as these, to intermeddle with our affairs?”
The bey expects the Gloria to be sent to the U.S. with his letter, but Eaton will send the ship to Leghorn for sale. Has instructed Captain Bounds to proceed directly to the U.S. and deliver the bey’s letter. “I really do not know what measures to adopt to meet the exactions, importunities and arrogance of these people. If my resistance should influence a rupture I am apprehensive I may incur the disapprobation of my country. If I should yield to their instances I am conscious I should merit it.”

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy and copies of enclosures (CSmH). Tr of enclosure (DNA: RG, Transcribed Reports of the Committee on Claims, 8th Cong., 2d sess. through 11th Cong., 3d sess., 3:307-309 [8C-A1]). RC 10 pp.; docketed by Wagner as received 18 Mar. Extract from letterbook copy printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:271–73. Enclosures are copies of (A) Alexander Murray to Eaton, 5 Sept. 1802, stating that he had given up the blockade of Tripoli and was proceeding to Naples and Leghorn (2 pp.; for another copy, see ibid., 2:266); (B) Murray to Eaton, 18 Aug. 1802, objecting to comments about him and the ship Gloria made by Eaton in a letter of 11 July but praising Eaton’s efforts, reporting on naval action at Tripoli, and informing Eaton that he “had a communication with the Legal Bashaw of Tripoli, & offered to take him to Derne, & to aid him in any measures he chose to pursue, but he thinks it will be more to our advantage, as well as his, to go there in an English Brig that he hath Chartered & to try what force he can raise there, in as private a manner, as possible” (3 pp.; for another copy, see ibid., 2:238–39); (C) depositions dated 4 Sept. 1802 by Capt. Joseph Bounds, mate Michael McKee, and seamen John Waller and William Martin of the Gloria, testifying to the actions of Murray in regard to the ship (4 pp.), and a certification by George G. Coffin and Charles Wadsworth, 22 Aug. 1802, signifying their support of Eaton’s plan and his enlistment of the Gloria (3 pp.; not in CSmH; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, p. 330); (D) the bey of Tunis to the president of the U.S., 8 Sept. 1802, expressing his pleasure at the stores and jewels sent by the U.S. to confirm the peace with Tunis and asking for an additional present of a thirty-six-gun frigate (2 pp.; in French; translation printed ibid., p. 331); Nissen to Eaton, 16 Aug. 1802, reporting that the American prisoners were being taken care of but that the pasha had made it an article of his convention with Denmark that Nissen was not to interfere in any nation’s business but his own (4 pp.); and Nissen to Eaton, 24 Aug. 1802, announcing that the pasha was sending peace overtures to O’Brien at Algiers through the dey (1 p.).

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


Title: To James Madison from Thomas Jefferson, 13 September 1802
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Sep. 13. 1802.
I now return you the papers which came in your letter of the 11th. I am not satisfied that the ground taken by Chancellor Livingston is advantageous. For the French government & the Spanish have only to grant him all he asks (and they will in justice & policy do that at once) and his mouth must be shut: because after-sought objections would come from him to great disadvantage. Whereas the true & solid objection remains in full force, after they shall have the merit of granting all he asks.
Judge Law’s letter can be nothing more than an effort to save himself from the appearance of retreating. The Commrs. will surely exhibit their appointments to him, in the expectation of being called into action. If they do not the District attorney (according to what I propose) will on the application of the judge ask appointments from us.
I inclose you a letter from the Mayor of New York, who asks a guard or guards from us to prevent the French blacks from escaping into the country. If a guard to their hospital would suffice, that could be admitted under the provisions of the Quarentine law: and Genl. Dearborne (with whom I concur) seems disposed to this. I think therefore to leave to his discretion to order the guard. But I think it would be well that you should write a friendly explanation of the measure to mr. Pichon, to whom it might otherwise wear an unfriendly aspect. I cannot but view this case as still lying substantially within the police of the states, and that we have only small & incidental relations with it; viz. as within the cases of contraband or smuggling. Colo. Monroe has in contemplation to carry his family down on Thursday, not to return. Mr. Short & Bp. Madison arrived here yesterday. We shall hope to see you here before Monroe goes, as I think an interview with him would not be unuseful. Will you be pleased to order a commission for Wm. Carey to be collector of York vice Wm. Reynolds dead? Accept my affectionate salutations.
Th: Jefferson

P. S. Return Livingston’s letter to the War office.

   RC (DLC); FC (DLC: Jefferson Papers).

   See Brent to JM, 7 Sept. 1802, and n. 4.

   The letter enclosed by Jefferson has not been found, but it was no doubt Edward Livingston’s letter to Henry Dearborn, which Dearborn sent to Jefferson, noting that “an extract … has been transmitted to the Secretary of State, conceiving that the subject generally came more immediately under the direction of his Department” (Dearborn to Jefferson, 8 Sept. 1802 [DLC: Jefferson Papers]). For the copy sent to JM, see Brent to JM, 7 Sept. 1802.


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

13 September 1802, Bristol. Since his last letter of 1 Sept. [not found], has received JM’s of 26 July “and thank you for the order you have been so kind as to give Mr. King for payment of my small demand.” Reports that the harvest is near completion “and is undoubtedly very abundant, & which is said to be the case also on the European Continent in General.” Begs reference to the enclosed paper and congratulates JM on “the happy termination of the dispute with Morocco.”

   RC (DNA: RG 59, CD, Bristol, vol. 2). 1 p. Copy (ibid.), written on the verso of Vander Horst to JM, 25 Sept. 1802, is docketed by Wagner as received 20 Nov. Enclosure not found.

   See JM to King, 26 July 1802, n.

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


Title: To James Madison from Josef Yznardy, 13 September 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

13 September 1802, Cadiz. Has heard from the British consul general at Madrid, John Hunter, newly arrived from Lisbon, “that the Portugues Government have determin’d to deny entrance to all American Produce in that Kingdom.”

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 1 p.; in a clerk’s hand, signed by Yznardy. Docketed by Wagner as received 26 Nov.

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