Title: To James Madison from James Simpson, 24 December 1802 (Abstract)
From: Simpson, James
To: Madison, James

24 December 1802, Tangier. No. 53. Acknowledges JM’s 27 July, 22 Aug., and 21 Oct. letters. Circumstances have changed since the first two were written. Is pleased to learn that the president has approved his actions. Notes that his dispatch no. 51 enclosed a copy of Moroccan minister Selawy’s 20 Sept. letter. Encloses his answer and the minister’s reply. Confined his letter to the chief points of discussion and appears to have “so far succeeded as to impose silence regarding them in the reply; which with us in this Country is always understood to proceed from Conviction.” Selawy delayed answering until word was received of the emperor’s having reached Morocco. The emperor passes Ramadan in the capital and will probably not return to Fès until late February. Selawy remains at Fès as pasha and as the main intermediary between the emperor and the consuls. Doubts have arisen as to whether Selawy will retain power, but this cannot be known until the emperor returns. Until the point is settled “it is perfectly needless to … seek thro’ him any ratification of the Treaty.” As soon as the emperor’s decision is known, will pursue an explanation of Selawy’s 6 Aug. letter. Believes the knowledge that one or more warships are stationed off Morocco “is a far better security for permanent Peace than any promises, the best managed negotiation can obtain.” The only matter of public concern worth mentioning relates to the Tripolitan ship at Gibraltar. As reported in his dispatch no. 51, passports had been issued and Campbell promised to respect them. The ship’s captain declined leaving Gibraltar, lest he be detained, and complained to Hashash, who wrote Simpson. Notwithstanding his assurance that the ship would not be molested, “they chose to lay her up again” but retained the passports. The issue has not been touched on in any letter he has received from Selawy since his return to Morocco, as the emperor left the matter to Hashash. Hopes the gun carriages will arrive soon, although the emperor’s absence makes the delay “less material.” The ship from Larache has returned without prizes. The galleys at Tetuán will be ready to sail in season. Masts are still needed for the ships at Salé, which will be unable to sail unless naval stores arrive. Was concerned that the president chooses not to have a consular house built at Tangier at public expense. All countries but the U.S. have national houses. Had “long put up with a most sorry Residence hired of a Moor,” but could no longer live there. The Swedish consul has accommodated him with a small house. Besides being inconvenient, such housing is “very indecorous” for a person in his position. The house for which he told JM he offered four thousand ducats is still unsold. The emperor will be displeased if it is not taken. Any house purchased or built as a consular residence will be confirmed to the U.S. in perpetuity by the emperor. Advised JM that he had drawn two bills of $1,000 each on Gavino because the public funds which JM authorized Simpson to use had all been taken up the Mediterranean by Morris. Encloses accounts [not found] totaling $873.71 covering his exile from Tangier. The sum for Hashash was paid when Simpson asked that a frigate be prevented from leaving Larache until a reply was received to a letter Simpson was about to write to the emperor. “This with the Silver Tea Pot stated in the Account is all I have yet given him.” Must have money ready for Selawy should he send to receive the gratuity “he undoubtedly expects,” as this is the mode of doing things when a personal interview cannot be arranged. Has stated “only principal sums actualy paid” in his account and omitted many small payments, including loss and damage to furniture and household goods, estimated at $200. Murray’s offer to convey this dispatch on his return to the U.S. has encouraged him to write in particular detail. Has prepared the report JM requested on the relations of Morocco with other countries. A schooner arrived at Mogador from Salem “in the Summer of last year” and traded sugar, tea, and East Indian cloth for local produce. Believes this shipment will “encourage larger Speculations.” Morocco neither produces considerable quantities of goods acceptable in the U.S. nor provides an immediate market for American goods; therefore, “Trade on a large scale cannot be established.” Since trade will no doubt continue occasionally at Mogador, has appointed Peter Gwyn agent there.

   RC and enclosures (DNA: RG 59, CD, Tangier, vol. 1). RC 8 pp. Docketed by Wagner as received 2 May. For surviving enclosures, see nn. 3 and 13. Simpson probably also enclosed a 31 Dec. report of American ships trading at Moroccan ports in 1802 (ibid.), misdocketed by Wagner as received 2 May 1802.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:431–32, 507–8.

   See Simpson to JM, 28 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:602–3 and n.).

   Simpson enclosed a copy of his 4 Oct. 1802 letter to Mohammed ben Absalom Selawy (2 pp.), in which he repeated Mawlay Sulaiman’s promise of friendship made when he ratified the treaty between the U.S. and his father, reminded Selawy that the U.S. had sent gifts in 1798 which Simpson had delivered at Meknès, and enclosed a copy of a letter the emperor wrote to the president in September 1795 (not found; 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). Simpson also enclosed a translation of Selawy’s 15 Nov. 1802 reply (2 pp.) announcing Mawlay Sulaiman’s safe arrival at Morocco (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)., 2:315).

   Mohammed Selawy (Ibn Abd al-Salam al-Salawi) was a black slave who had been trained at court and who began to deal with the European consuls in Tangier in 1797. He served as chief foreign minister from 1799 to 1815 and was eventually trusted by the emperor with the governance of all northern Morocco (Mohamed El Mansour, Morocco in the Reign of Mawlay Sulayman [Cambridgeshire, England, 1990], pp. 19, 20–21).

   See Simpson to JM, 12 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:475 and n. 1).

   See Simpson to JM, 28 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:602–3).

   For Simpson’s exile from Morocco, see John Gavino to JM, 28 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:347–48).

   See Simpson to JM, 3 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:542–44).

   See Simpson to JM, 16 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:398–99).

   See JM to Simpson, 20 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:141).

   See Simpson to JM, 19 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:49–50).

   See Simpson to JM, 15 Dec. 1802.

   Simpson enclosed a report (5 pp.; 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)., 2:338–41) detailing the history and current state of Moroccan relations with Russia, the European nations, and the North African regencies.

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


Title: To James Madison from William Madison, 25 December 1802
From: Madison, William
To: Madison, James

D Brother,
Decr 25th. 1802

I lately obtained a copy of your Acct. with Tho: Richards & Co. altho applied for immeadeatly after you left here. The Credit for ¼ of Rent of Mill is not to be considerd final, ’till a settlemt is had with them on that Acct. In your last you wish to know what progress is made in the distribution of the lapsed lands, and how far my proposals are likely to be acceaded to: for information I send you the inclosed letter which not only farther developes the folly & eccentricity of the author, but likewise an ill founded pretext for not complying with the terms on which the distribution of the Slaves were made. My Mother left here Wednesday last on her way to Mr Hites. Sister Hite continues very low & but little probability of her geting better health. Suppose you were to suggest to Mr Hite the expediency of her vesting her Interest, in the real Estate of our father, in him either by Will or otherwise. Such a Step may prevent further inconvenience if not endless difficulties. I informed my mother, in person, that I wd relinquish my interest in the land designated in the memo. to my Sister Rose. I did this at her own house. When She was here the Subject was never mentioned. No doubt She was sensible of the inpropriety of the Doctr squeamishness. He did not meet me at Richards as mentioned in the letter so that I have had no interview with him since he wrote the letter. Company has just come in so that I must conclude with our best Regards to you all. Yrs Affectly
Wm Madison

   RC (NjP). Enclosure not found.

   Thomas Richards & Company handled payment of various debits and credits on the estate of James Madison, Sr. (copy of executorial account, 27 July 1818, in Hite v. Madison Papers [Madison County, Virginia, Circuit Court Records]).

   Letter not found. William Madison was probably referring to disagreements among Robert and Fanny Madison Rose and other family members over the will of James Madison, Sr. (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:268 n. 3; and William Madison to JM, 1 Nov. 1802).


Title: To James Madison from William Lee, 25 December 1802 (Abstract)
From: Lee, William
To: Madison, James

25 December 1802, Bordeaux. “A severe indisposition will just permit me to say that I have again been under the necessity of sending home to their own Country pr. the Ploughboy … forty-three distressed seamen and I beg leave to refer Captain Jones to you for such a compensation as you may judge fit to make.” Has supplied the seamen with 4,840 francs’ worth of provisions and has received 2,708 francs from them to defray expenses. Will debit the U.S. for the remainder. Will send particulars of his disbursements as well as his year’s accounts with vouchers by the Minerva, which sails for New York “in a few days.” Forwards a letter received “this day” from Cathalan “which looks as if something was about to take place in the Mediterranean.” Recommends Jones as “a Gentleman far beyond those of his profession who I have had to deal with here and having made several Voyages to this port and being very intelligent he will be able to give you some information.”

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 2 pp. For enclosures, see n. 1

   Lee enclosed a 14 Dec. 1802 agreement, signed by forty-three “distressed Seamen,” to obey the commands of Captain Lloyd Jones and the other officers and not to leave the ship without special permission, and Jones’s 25 Dec. 1802 acknowledgment of having received the seamen and provisions (3 pp.; docketed by Brent).

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


Title: From James Madison to John Geyer, 26 December 1802 (Abstract)
From: Madison, James
To: Geyer, John

26 December 1802, Department of State, Washington. “Being authorised to cause the laws of the United States to be published in no more than three newspapers in one State, and having authorised their publication in a third paper in Pennsylvania, I am precluded from accepting the proposal for printing them contained in your letter of the 22d. of this month [not found].”

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

   Geyer had taken over the Neue Philadelphische Correspondenz from his partner George Helmbold, Jr., sometime in 1802 (Brigham, History and Bibliography of American Newspapers, 2:926–27; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:13, 14 n. 3, 425).


Title: To James Madison from Albert Gallatin, 27 December 1802 (Abstract)
From: Gallatin, Albert
To: Madison, James

27 December 1802, Treasury Department. Requests a supply of sea letters for the use of vessels going beyond the Cape of Good Hope.

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


Title: To James Madison from John Gavino, 27 December 1802 (Abstract)
From: Gavino, John
To: Madison, James

27 December 1802, Gibraltar. No. 109. Refers to his no. 108 of 23 Dec. and encloses a “Copy of a Letter received from Consul Eaton of Tunis 9th: Ulto.,” copies of which he has forwarded to Captains Campbell and Murray. “A french Squadron of five large french Ships of War & a Brig whent past this day from the Westward Supposed to be from St: Domingo.”

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. Docketed by Wagner.

   Enclosures are copies of Degen, Purviance, & Company to Gavino, 24 Nov. 1802 (1 p.), and its enclosure, Eaton’s 9 Nov. 1802 circular (1 p.) (see Kirkpatrick to JM, 23 Dec. 1802, n. 2).

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


Title: From James Madison to Noah Webster, 28 December 1802
From: Madison, James
To: Webster, Noah

Sir
Department of State 28 December 1802.
I enclose a certificate, that the first volume of “Elements of useful knowledge” has been deposited in this office. Such certificates in the nature of receipts have sometimes been transmitted, but are not made requisite by law: and it is very doubtful whether, in any form, they would answer the purpose you suggest, on a suit for a breach of copy right.
The mistake supposed by you to have been made in the law of the last session respecting copy right is not real. That law admits of the certificate of the Clerk of the District being printed on the back of the title page or the next succeeding page, on either of which it is certainly practicable to do it. I am, &ca.
James Madison.

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

   Webster’s Elements of Useful Knowledge, vol. 1, Containing a Historical and Geographical Account of the United States (Hartford, Conn., 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 3519) was the first in a four-volume series of historical, geographical, and biological textbooks for children, containing a history of the U.S. up to the American Revolution, Washington’s Farewell Address, and the federal and state constitutions. No letter from Webster to JM requesting a certificate for this volume has been found.

   “An Act supplementary to an act, intituled ‘An act for the encouragement of learning, by securing the copies of maps, charts, and books to the authors and proprietors of such copies during the time therein mentioned,’ and extending the benefits thereof to the arts of designing, engraving, and etching historical and other prints” was passed on 29 Apr. 1802 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:171–72).


Title: To James Madison from Elisha Hart, 28 December 1802
From: Hart, Elisha
To: Madison, James

Letter not found. 28 December 1802, Saybrook. Acknowledged in Wagner to Hart, 14 Jan. 1803 (DNA: RG 59, DL, vol. 14). Asks about a power of attorney he had given Samuel Cabot. Wagner replied that if the power was in due form and Hart approved of Cabot’s receiving his money, there was no need to name another person.


Title: To James Madison from John Graham, 29 December 1802
From: Graham, John
To: Madison, James

Dear Sir,
Madrid 29th December 1803 [1802].
The last letter which I had the honor to address to you (on the 29th ulto.) will give a general idea of the state of our affairs, at the time when it was written. Since then, some events have taken place, with which it is proper that you should be acquainted, and as I am particularly anxious to give you every useful information in my power, I have determined to send you copies of the letters I have written and received, with such observations as are necessary to explain the circumstances which gave rise to them. This mode is certainly not the most pleasant either for you or myself, but I have thought that it would be the most useful, and therefore I have adopted it.
In my last I mentioned, that the Quarantine was particularly rigorous in Cadiz, and that the Officers of that Port, had even gone so far as to drive off some vessels from the Delaware. Since then, the inclosed order (No. 1.) has been issued by the Board of Health. I had no intelligence of it, until a copy was sent me by our Consul in Alicante. On the receipt of this, I immediately wrote the letter, (No. 3.) to Mr. Cevallos, and apprehensive that this order, if rigorously executed, would injure our Commerce very materially, before His Majesty would have time to repeal it, however well he might be disposed to do so—I waited on the President of the Supreme Council of Castile, who is also President of the Board of Health, under a hope that I might possibly prevail upon him to suspend its execution until the Royal Will was known; but he told me that in issuing the order, he acted in obedience to directions from the Secretary of State, and that it was not possible for him to seperate himself from the orders he had received. This put the business in a much more serious point of view, and induced me to write the letter (No. 4.). As yet I have received no answer to either of my letters on this subject, although to prevent delay, I sent translations of both. Perhaps the President and yourself may think that there are some expressions in the last of these letters, rather too warm, but when you read the order, and hear that in the execution of it, they have driven off from Cadiz an American Vessel, although she had been 16. days in Quarantine at Teneriffe, you will, I apprehend, entertain a very different opinion. I confess that I do, for never I believe, was there a more unwarrantable Regulation adopted by any Government, particularly as it brought to bear so suddenly against a Nation, which has ever regulated its conduct towards other Nations, by the rules of justice, friendship and hospitality.
This order is in itself so violent, and now rendered by the advanced Season of the year, so entirely useless for the purpose for which it was intended, that I cannot suppose His Majesty will long hesitate to repeal it. Why it has ever been adopted, I am at a loss to say, but it is proper for me to state to you, that the ravages committed by the Yellow Fever in Andelucia spread a very general alarm through this Country; and that it is a prevailing, altho’ I believe an ill-founded opinion, that this disorder was imported into Cadiz from the United States. These circumstances will, I fear, keep up a suspicion against Vessels coming from our Country, which will be very injurious to our Commerce. From the order, now inclosed, you will see that our Bills of Health so far from being sufficient to do away this suspicion, have not even the effect to procure for our Vessels the privilege of riding Quarantine. Under this view of the subject, I would take the liberty of submitting to your consideration, whether it would not be adviseable to attempt some arrangement with the Spanish Minister in America, which would free his Government from apprehension and our Trade from embarrasment. Indeed it appears to me to be necessary, if we mean to keep up our intercourse with this Country, that some kind of Commercial Treaty should be made, otherwise we shall never know upon what footing we stand. As a proof of this, I send you the Royal order (No. 2.) which you will observe is now in force. And as our Merchants had no kind of notice, that such a measure was intended, they cannot possibly be prepared to meet it.
Immediately on the return of the Court to Aranjuez, which will be on the 8th. of next month, I shall apply to Mr. Cevallos, not only for a suspencion, but for a repeal of this Regulation, so far as it concerns us. Their having rescinded an order nearly simular in the year 1799, in consequence of the representation of Colonel Humphreys; together with some other circumstances, induces to me to suppose that I may possibly succeed.
On the 10th. of this month, I received letters from Capt. Murray & Mr. Kirkpatrick, our Consul at Malaga, informing me, that altho’ the Governor of that City had permitted the United States Ship, the Constellation, to enter the Port, he would not suffer the New York to enter it, which obliged her to sail for Algiers, out of order & with a short supply of water. These Gentlemen represented, that it would be very convenient, if permission could be obtained for our Ships of war at all times to enter the Spanish harbours, particularly those of Malaga & Cadiz. In consequence of this, I wrote the inclosed (No. 5.) to the Secretary of State, and since I began this letter, I have received his answer (No. 7.). This, altho’ polite, is certainly not directly in point, for I neither complained of the Governor of Malaga, nor did I contend that our Vessels were entitled under the 8th. Article of the Treaty, at all times to enter the Ports of his Majesty. I asked this as a favor, and stated the peculiarity of our situation, as the grounds upon which I founded my hopes, that it would be granted. I thought this was touching upon the proper string; but at the same time I took care not to lose sight of the 8th. Article of the Treaty. It appears to me, that our only dependence now, is upon this Article, which is by no means so explicit as could be wished, in as much, as it does not declare who is to be the Judge of the necessity of a Vessels going into Port. Your opinion on this Article of the Treaty, would probably be useful.
The letter (No. 6.) is the answer to Mr. Pinckney’s Representation in favor of the Adventurers from the United States to the Rio la Plata—from this you will see that it is very uncertain when these unfortunate men will know their fate.
I learn from the Supercargo of the Ship Mercury that all the Papers as to that ship, are again to be sent back to America, that the Vice Roy of Buenos Ayres may determine, whether she is liable to confiscation—the dispute hitherto has been, whether she should be tried by the Vice Roy or by the Marine Tribunal at Montevideo? and not whether she was a good Prize?
Mr. Ô Reilly, a Citizen of the United States who went out in the ship Washington to the Rio la Plata, lately arrived here. He has brought an authenticated copy of the proceedings had in the trial of the ship Montezuma. This, I hope, will serve here as Testimony for all the others simularly situated, (viz. those which went out in ballast) if so, some compensation may be made by this Government to their Subjects who freighted these vessels but not such, I fear, as will enable them to pay the immense damages which have been sustained by the Owners. Mr. Ô Reilly left Montevideo late in July, since then we have had no accounts from that Country, but as permission was given to the Montezuma to load, I hope the number of our Vessels in the Rio la Plata, is not now so great as it has been. As to the other subjects mentioned in my last, I have nothing to communicate, for nothing has been done.
I did not think that I should do well to bring forward the old claims of Mr. Perry & others, under the unfavorable auspices which now prevail, & until I had some intelligence from Mr. Cevallos, I could not properly take up the business which Mr. Pinckney had left unfinished—in fact, under existing circumstances, it appeared to me that it would not be prudent—at least, not until I was better advised of our real situation, as to the most important points touched upon by Mr. Pinckney. To gain this information, I wrote to Mr. Livingston, by a Gentleman of my acquaintance who was going to Paris, and I have asked his advice how I ought to proceed in the delicate business of Louisiana. By his advice, I mean to be guided, and I flatter myself you will be pleased to hear that this is my determination.
Since I had the honor of writing you, I have receiv’d the Duplicate & the original of your letter to Mr. Pinckney, of the 11th. May—they both came perfectly safe; but too late to be acted upon. I have also received an open letter from you to Mr. Pinckney, recommending to his attention, some business of the Insurance Company of New York. To the Gentleman who brought this letter, I have made a tender of my services—but it does not appear to me that any thing can be done—for the Commissioners are not here to take the Depositions of the Witnesses, even if these knew any thing of the business which is not to be expected—and the papers relative to the Capture of the ship Pegassus are not to be found in the Public Offices here—at least our Agent cannot find them. And if they were to be had, I apprehend they could not be admitted as Testimony in our Courts of Justice. With Sentiments of the Highest Respect I have the Honor to be, Sir Your Most Obt. Servant
John Graham

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 6A). RC marked “(Duplicate).” In a clerk’s hand, except for Graham’s complimentary close and signature. Misdated 29 Dec. 1803 and filed at that date; date corrected here on the basis of internal evidence and by comparison with Graham to JM, 20 Jan. 1803. Unless otherwise noted, italicized words were written in code; key not found. RC decoded interlinearly by Wagner. Enclosures (9 pp.) numbered by Graham; see nn. 1–4, 6, and 8.

   Enclosure no. 1 is a copy, in Spanish, of a 30 Nov. 1802 order of the Spanish board of health, addressed to the governor of Alicante, stating that U.S. vessels were not to be admitted in Spanish ports unless they had undergone quarantine in another European port (see Kirkpatrick to JM, 11 Nov. and 15 Dec. 1802, and Terry to JM, 16 Dec. 1802).

   In enclosure no. 3, a copy of Graham to Cevallos, 17 Dec. 1802, Graham asked that the board of health order be lifted, since the season for yellow fever was past and if U.S. vessels were turned away their perishable cargoes would be entirely lost.

   In his letter to Cevallos, 21 Dec. 1802 (enclosure no. 4), Graham enclosed a French translation of his 17 Dec. letter (not found) and expanded on his arguments against the order, which, he wrote, “is in itself so rigorous, so unprecedented, & put so promptly into execution, that it looks more like an act of hostility than a preventative against contagion.”

   Enclosure no. 2 is a copy, in Spanish, of the 19 Nov. 1802 order sent to Kirkpatrick by the governor of Málaga requiring that foreign imports have certificates of origin (see Kirkpatrick to JM, 23 Dec. 1802, and n. 3).

   For details of this incident, see Kirkpatrick to JM, 15 Dec. 1802.

   Graham’s letter to Cevallos, 11 Dec. 1802 (enclosure no. 5), reported the incident at Málaga and asked that U.S. naval vessels be allowed “at all times to enter so far within [Spanish] ports (particularly those of Cadiz & Malaga) as will shelter them from the inclemency of the weather,” referring to article 8 of the Treaty of San Lorenzo, which permitted vessels of either country to enter the ports of the other in emergencies (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:324–25). Enclosure no. 7 is a copy of Cevallos’s 27 Dec. 1802 reply (in Spanish) stating that an inquiry had been ordered and that Spain would enforce all stipulations of the treaty and expected the U.S. to do so as well.

   Underlined in RC.

   In his 24 Dec. 1802 letter (enclosure no. 6) (in Spanish), Cevallos stated that an inquiry had been ordered into the situation at the Río de la Plata (see Pinckney to JM, 4 Nov. 1802, and n. 2) and noted that U.S. letters would be answered more quickly if written in French or Spanish, the languages in which the foreign office was accustomed to do business.

   For the claims of John Perry and others, see Pinckney to JM, 10 Oct. 1802, and n. 6.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:215–16.

   JM to Pinckney, 12 May 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:217 n. 2).


Title: To James Madison from Rufus King, 29 December 1802 (Abstract)
From: King, Rufus
To: Madison, James

29 December 1802, London. No. 78. “In the Bill that after the holidays will be brought into parliament for the consolidation of the Customs the Duties upon Articles imported from the United States will stand nearly as they do at present, except that it has been purposed to raise the Duty upon Spermaceti Oil coming from any foreign Country, from £22.3.1 to £31.10. I have had one or two Conferences upon this subject with the Department of the Treasury, and am now preparing a Representation upon which their Lordships will decide before the Draught of the Bill is completed. The British Whale fishery produces more Oil than is consumed in the Country, and the proposed augmentation of duty is vindicated by alleging that Spermaceti Oil having of late years considerably risen in price it has become requisite to raise the duty upon it in order that it may be, according to its first intention prohibitory.”
Notes that until recently there has been no discrimination of duties on foreign fish oils, and the duty has operated to exclude brown oil, while spermaceti oil, owing to its superior quality and price, has found a “precarious” market. “Foreign Oils are not only meant to be excluded from the British Market, but the Bounties given to the British Whale Fisheries must likewise secure them a preference in the foreign Markets. My conferences with the Treasury have therefore embraced these two fold Regulations; and tho’ I have not much expectation of any such reduction of the Duties as will allow our Oils, except in extraordinary Cases, to be consumed in Great Britain, I have the satisfaction to inform you that foreign Oils of every sort will hereafter be allowed to be deposited here under similar Regulations to those which regard our Rice and Tobacco: this system will likewise be made to comprehend our Flour, Wheat, and other Species of Corn, as well as some other articles, such as Furs, Lumber &c. of inferior importance. The deposit of the Chief articles of our Exports upon safe and convenient Terms in the Ports of this Country, a System altogether different from that of Importation and Exportation under Duties and Drawbacks, will afford considerable advantage to our Merchants who may through their Correspondents here, distribute at leisure their Cargoes throughout the different markets of the Continent: and if the state of the English Markets admit it, they may, on payment of the Duties, likewise dispose of them for the Consumption of this Country.”

The new regulation of the grain trade also merits attention. “When Wheat is under 50/ the quarter, the duty on Importation will be 24/3 When 50/ and under 54/ the duty will be 2/6 and when 54/ or upwards the duty will be /6d. If the foreigner does not choose to import and pay the duty he may deposit his Wheat in the public Warehouses for exportation or home consumption: in the latter case it will be liable to pay the second rate of Duties, altho’ the price may be 54/ or above, unless the King, by proclamation, permits the same to be … sold on payment of the lowest duty.”
“As yet the Table specifying the countervailing Duties upon Goods imported in american Vessels has not been formed, and is, I understand, delayed for the present to learn Whether it be likely that our discriminating Duties will be repealed. There has been no intimation of an intention to extend the countervailing Duties to the system of Deposits.… You may think it worth Consideration, how far the extension of this plan of depositing instead of importing our productions may have an influence upon the question of the Expediency of the repeal of the discriminating Duties on our side, and the Countervailing Duties on the side of this Country.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 4 pp. Marked “(Duplicate).” In a clerk’s hand. Docketed by Wagner as received with King’s 18 Dec. 1802 dispatch on 5 Mar. Printed in King, Life and Correspondence of Rufus King, 4:194–96, where it is misdated 19 Dec. Minor variations between the copies have not been noted.


Title: To James Madison from Louis-André Pichon, 29 December 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

29 December 1802, Georgetown. Transmits a regulation of the French government, which JM will judge useful to make known to American business, relative to the admission of American ships into France during the season in which yellow fever exists in American ports. Also sends an extract of a letter that the minister of marine has written which will show JM that errors thought to have slipped into a public circular letter on the subject do not exist in the original. The measures the French government has taken are to prevent inconvenience that could result from a lack of universal and compulsory regulation of bills of health without uselessly restricting American commerce. Has before informed JM he believed himself obliged to recommend these measures very strongly to his government and notes that these measures will cease the moment the U.S. adopts a system of bills of health.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC 2 pp.; in French. For enclosures (docketed by Wagner), see nn.

   Pichon enclosed a 30 Fructidor an X (16 Sept. 1802) arrêté (3 pp.; in French) stating that no ships coming from U.S. ports were to be admitted to pratique without a correct bill of health and a visit from the local council of health. The order described the procedures that were to be rigorously executed between August and January (printed in National Intelligencer, 10 Jan. 1803).

   Pichon enclosed an extract of Decrès’s 8 Vendémiaire an XI (30 Sept. 1802) letter (2 pp.; in French), informing Pichon that the arrêté was intended to prevent the introduction of disease without needlessly delaying trade. Decrès added that he was convinced the error Pichon had mentioned in his earlier dispatches did not exist in the original letter and subjoined a copy so Pichon might judge for himself. For the errors mentioned, see JM to Pichon, 24 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:421–22 and n. 2).


Title: To James Madison from Rufus King, 31 December 1802 (Abstract)
From: King, Rufus
To: Madison, James

31 December 1802, London. Acknowledges JM’s letter and expresses thanks for the early reply as well as for the “like communication” sent to King’s agent in New York. “As I expect the vessel coming to me from America, will be here, and ready for me & my family to embark by the 10. of April, I am making the requisite preparations and hope I may not be disappointed in receiving my Letters of Recall in season, to enable me to leave England immediately after that Date.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 1 p. Marked “Private.” Docketed by Wagner. Printed in King, Life and Correspondence of Rufus King, 4:199.

   See JM to King, 9 Oct. 1802, and n. 2.


Title: To James Madison from Isaac Briggs, 1 January 1803
From: Briggs, Isaac
To: Madison, James

My Friend,
Sharon, 1st. of the 1st. Month 1803.
Having failed, when I was last in the City of Washington, to procure satisfactory information, respecting what steps, if any, had been taken by the Agricultural Societies now existing in several parts of The United States towards the formation of an Annual Convention in which each might be represented, I take the liberty of soliciting thy assistance.
My firm reliance on the purity of thy wishes for the solid happiness of thy country; and my belief of the coincidence of thy opinion with mine that Agriculture, scientifically understood, and judiciously and industriously followed, is the surest basis of our national happiness, dignity, and independence, induce me to wave all apology for this address.
Could I suppose that any exertions on thy part for the advancement of a plan from which, it is obvious, Agriculture might receive great and essential improvement, would, in any measure, diminish the estimation in which thy character is held by the worthy part of thy fellow-citizens, I should be far from requesting thy aid. I think I can be responsible that such exertions would not fail to excite unfeigned esteem in the breast of every member of The Farmers’ Society, of which thou hast become a member, I hope an efficient one.
I wish thee to request a meeting, on the 8th. or 22nd. instant, in the Representatives’ chamber, or some other convenient apartment, of those members of both houses of Congress who have zeal for the improvement of American Agriculture, and whose minds are, or may be, impressed with the importance of the subject, sufficiently to procure attention. To such a meeting, I would submit some propositions which I cannot avoid thinking may be so modified as to result in great national benefit. The substance of those propositions has been sometimes slightly touched upon in conversation with thee; Viz. an Agricultural, E[x]perimental Garden, in the vicinity of the seat of government; and a well organized National Agricultural Society.
The propriety of making an invitation for such a meeting I submit to thy better judgment; had I been able to see any impropriety in it, I feel too much respect for thee to have made the request. The manner of doing it, I also leave to thee; whether by tickets individually addressed, or by the anonymous publication, in the newspaper, of an extract of this letter, or other more suitable paragraph.
I shall feel myself under obligation to thee for an early answer, directed to “Brookeville, Maryland.” The mail for Brookeville, I believe is closed in the City Post-office, on the evening of the third day of each week. I am, Respectfully, Thy friend,
Isaac Briggs.

   RC (DLC); FC (DLC: Isaac Briggs Papers).


Title: To James Madison from Samuel Snow, 1 January 1803
From: Snow, Samuel
To: Madison, James

Sir,
Washington 1st January 1803
The Chinese Government have always been in the practice of desiring Foreigners of every description to leave Canton after the season of business is over, generally ending in April; and the Agents of all the East India Companies, and Consuls, invariably leave Canton on or about that time and retire to Macao a Portuguese settlement ⟨a⟩bout seventy miles below, and not far from the mouth of the River Tygris; there they remain during the summer months and return again to Canton generally in September.
The Governor at Macao does not feel himself authorised to permit the residence of any foreign Officer within the limits of his Jurisdiction, without special permission first obtained from the Court of Portugal, this permission the Uropean Consuls and Agents of the East India Companies have obtained, and Whilst I was in China the Governor of Macao did so far wink at the law, as to allow me to take a house and reside there under equal privileges with the other Gentlemen, but the time for which the Old Governor was appointed expired, and a New Governor arrived just as I came away, and my Agent has informed me since, that the new Governor will not permit his residence at Macao unless permission is obtained from the Court of Portugal. This, if persisted in, will place him in the disagreable alternative of either taking a passag⟨e⟩ to Manilla, or Malacca, the former of which may be estimated at an average passage of ten days, and the latter at fifteen, beside the very great expence which in that country would attend a removal only at that distance.
I beg leave therefore, to request that you would be pleased to write to our Minister at the Court of Portugal and desire him to obtain permission for me to reside at Macao during the suspension of business at Canton, and as I expect to sail for China again early in the Spring, I shall feel myself perticularly obliged if a return could be had previous to my departure. I have the honour to be with very great Respect, Sir, Your Obedient & very humble Servant
Samuel Snow
PS. Please to direct to me at Providence Rhode Island.

   RC (DNA: RG 59, CD, Canton, vol. 1); Tr (NNPM: The Gilder Lehrman Collection, on deposit). RC docketed by Wagner. Tr marked “Copy”; sent as enclosure in JM to William Jarvis, 14 Jan. 1803.

   In 1803 Caetano de Sousaa Pereira succeeded José Manuel Pinto as governor of Macao (Elfed Vaughan Roberts et al., eds., Historical Dictionary of Hong Kong and Macau [Metuchen, N.J., 1992], p. 338).

   Snow had left Sullivan Dorr of Boston as his agent at Canton when he returned to the U.S. (Snow to Pickering, 28 Jan. 1801 [DNA: RG 59, CD, Canton, vol. 1]).


Title: From James Madison to Leven Powell, 1 January 1803 (Abstract)
From: Madison, James
To: Powell, Leven

1 January 1803, Department of State, Washington. “To enable me to view in its true light your claim upon the French Government, for the loss you sustained upon a shipment of Tobacco, made to France before the late war, as stated in your letter of the 16th. inst. be pleased to inform me, whether you expect payment in specie of the amount of the acceptances, or of their value reduced by a scale of depreciation, and also whether after the deposit of the paper money the French Government has considered it as forfeited.”

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

   Powell to JM, 16 Dec. 1802.


Title: From James Madison to the Speaker of the House of Representatives, 1 January 1803 (Abstract)
From: Madison, James
To: Speaker of the House of Representatives

1 January 1803, Department of State. “The Secretary of State has the honor to lay before the House of Representatives, in virtue of their resolution of the 24th. ult. copies of sundry documents, relative to the claim of Peter Charles L’Enfant, for services which he rendered to the United States, in planning and laying out the City of Washington. To render the collection more complete, the Secretary has added to those in his possession such as have been supplied to him by the Superintendant of the said City.”

   RC (DLC: Digges-L’Enfant-Morgan Papers, vol. 2); letterbook copy (DNA: RG 59, DL, vol. 14); Tr and Tr of enclosures (DNA: RG 233, Transcribed Reports and Communications from the Secretary of State, 5C-B1). RC 1 p. In Wagner’s hand, signed by JM. For enclosures, see n. 2.

   The 24 Dec. 1802 resolution directed JM to furnish the House of Representatives with documents in his possession “relating to the claim of C. L’Enfant for services rendered in laying out the City of Washington” (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 291).

   The enclosures (4 pp.) are copies of letters and extracts, including Jefferson to the board of commissioners of Washington, 29 Jan. 1791; Jefferson to Pierre Charles L’Enfant, March 1791 and 27 Feb. 1792; Jefferson to the commissioners, 6 Mar. 1792; the commissioners to Jefferson, 14 Mar. 1792; the commissioners to L’Enfant, 14 Mar. 1792; and L’Enfant to the commissioners, 18 Mar. 1792. JM apparently also included a copy of a 5 Dec. 1801 letter from the commissioners to L’Enfant stating that an earlier offer of five hundred guineas and a lot in Washington was still available to him and L’Enfant’s 8 Dec. 1801 reply rejecting the offer (Letter from the Secretary of State, Transmitting Sundry Documents Relative to the Claim of Peter Charles L’Enfant … [Washington, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5326]).


Title: To James Madison from William Eaton, 2 January 1803 (Abstract)
From: Eaton, William
To: Madison, James

2 January 1803, Tunis. “On the 28. Sep. Com. Morris’s squadron left Cagliari after having lain there ten days—did not write me. On the 16. Oct. I signified to the Commodore that I had important communications to make to him. Mr. Cathcart delivered him the letter 2d. Nov. It has received no answer. He arrived at Malta 20th. Nov. and Mr. Cathcart writes me on the 25. that he will sail for Tunis in ten or twelve days. About fifteen days after I heard he was still in that port with another frigate and some small vessels—have since heard nothing of him. Only one American frigate has brought to in this road since January 1802. There has been but one of the last squadron seen on the coast of Tripoli. The enemy’s corsaires were all at sea 10th. ult.”
On 31 Dec. the Batavian consul showed Eaton part of an 11 Dec. letter from the French commissary at Tripoli stating that Cathcart was at Malta, was appointed consul at Algiers, had full powers to negotiate peace with Tripoli, and had written the pasha a letter “neither the contents nor the stile of which dispose him to treat &c.” Observes that “it is entirely too late to approach him [the pasha] with the olive branch: the favorable moment is lost.” The Swedish peace “exalts his pride—possession of his brother relieves his fear,” U.S. relations with the other regencies “animate his fortitude,” and operations of the American fleet “inspire his contempt.”
“I have twice put the political existence of that perfidious chieftain fairly into the hands of our commanders: and … it is but a sad consolation for the loss of these projects that I have document[s] to convince my country of the accuracy of this assertion.” Notes it was “on the coast of Barbary not of Europe” that JM’s agents urged a policy of exhibiting naval force. “Stationed as I am at the very door of the enemy and on the only site whence his positions can be discovered, it seems to be thought a special compliment if I am allowed to speak a commander once a year!” JM’s 20 May 1801 letter gave him “reason to expect a quite different mode of procedure.” Only the least prospect of being useful has compelled him to keep his post. If that prospect is lost, why should he remain at a station “devoid of individual utility”? It is unnecessary to recapitulate or add details already sent to the government to show he cannot, with regard to U.S. interest or honor to himself, change the ground he has taken at Tunis nor maintain it under the present system. The capacity may “be found in some other citizen” of the U.S. Wishes to return to Washington, settle his accounts, and resign his trust so “the experiment may be tried.” Concludes from “the total neglect of twenty months past to all my advice relative to public affairs in this quarter” that previous objections to his resignation no longer exist. Would “ask leave to resign on the spot” but the establishment of a new consul at the present crisis would entail “extraordinary expence and difficulty.” It would also be construed as disapprobation of the general system of his agency and “an implied retraction on the part of our government from the posture of resistance assumed with these regencies.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 2); letterbook copy (CSmH). RC 3 pp. Docketed by Wagner. The letterbook copy contains a 4 Jan. postscript not on the RC which states that in addition to the claims reported in Eaton’s 12 Nov. dispatch, the king of Sardinia was now claiming repayment of $400,000 for property “plundered from the Captives and other inhabitants of St. Piere.” He added that the bey was using all efforts to obtain peace with Portugal and “it does not require the spirit of devination to penetrate his motive.”

   Eaton’s letter to Morris, 16 Oct. 1802, 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)., 2:297–98.

   See Cathcart to JM, 29 Nov. 1802, n. 8.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:199–201.

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


Title: From James Madison to William Ellery, 3 January 1803 (Abstract)
From: Madison, James
To: Ellery, William

3 January 1803, Department of State, Washington. “It appearing that the Ship Alnomac was registered at Newport, I request you to be pleased to communicate the enclosed translation of a letter, lately received by me, to the relati⟨ves⟩ of the deceased Capt. Chace.”

   RC and enclosure (NjP: Crane Collection); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p. In Wagner’s hand, signed by JM. For enclosure, see n. 1.

   JM enclosed a translation of an 18 Oct. 1802 letter (2 pp.; in Wagner’s hand) from merchant Joseph de Riquessa at Cádiz reporting that “Mr. Martin de Alsaga, my father-in-law and partner, a resident and merchant at Buenos Ayres, on the 24 July 1801, entered into a charter-party with Samuel Chase, owner and master of the American ship, called Alnomac, to carry from thence to Hamburg, at the rate of 7½ doll. per quintal of 100 ℔ Castile weight of sugars of Novillo and at 6 doll. per quintal of sugars of Cavallo.” Riquessa added that Chase died intestate a few days after his arrival at Hamburg. The cargo was delivered in December 1801 and “the Consul of the United States, Joseph Pitcairn took charge of the vessel and freight, to whom I paid … the balance which I owed to the said Captain.” Pitcairn offered the ship for public sale and when Riquessa offered less than its value, Pitcairn rejected the offer. Riquessa asked JM to communicate this information to Chase’s widow and heirs.


Title: To James Madison from Jonathan L. Austin, 3 January 1803 (Abstract)
From: Austin, Jonathan L.
To: Madison, James

3 January 1803, Boston. Has received JM’s 14 July 1802 letter [not found] naming him commissioner of bankruptcy but has not once been called on to serve. Presumes “that the intention of appointing six Commissioners for this District was, that three should form a Board, & officiate alternately in different cases as they occur’d.” Was unwell when the first case occurred and Judge Davis called Messrs. Blake, Edwards, and Dawes, who have conducted the whole business up to the present. Otis and Brown never signified their acceptances of their commissions to the judge. Understands Brown has declined acting. “The Commission therefore which I have the honor to hold has remained a dead Letter.” Sees no prospect of officiating in office unless Otis and Brown accept or are replaced by others. “As Bankruptcies unhappily appear to increase in this District, & require the daily attendance of the Commissioners,” has thought it expedient to notify JM of the situation. If two other appointments should be made, he recommends Edward Jones of Boston, “whose mercantile abilities & moral & political Character may perhaps render him a suitable person for the Office.”

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

   Merchant and Revolutionary War veteran Jonathan Loring Austin (1748–1826) had worked with Benjamin Franklin and the American commissioners in Europe during the Revolution. He was elected to the Massachusetts Senate (1801) and House (1803 and 1806).

   A list of appointments in Jefferson’s hand notes that Jonathan L. Austin, Thomas Dawes, Jr., Samuel Brown, Joseph Blake, Samuel A. Otis, and Thomas Edwards were appointed commissioners of bankruptcy for Massachusetts on 7 July 1802. Brown and Otis declined and were replaced by Daniel Tilden and Edward Jones (DNA: RG 59, LAR, 1801–9, filed under “Jefferson”). The appointments were printed in the Boston Columbian Centinel, 21 July 1802. For the declinations, see Brown to JM, 22 July 1802, and Otis to JM, 28 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:416, 436–37).


Title: To James Madison from William C. C. Claiborne, 3 January 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

3 January 1803, Natchez. “The enclosed hand bill [not found] has this moment reached me; it has every appearance of being an official publication.” The conduct of the Spanish government in Louisiana is “indeed extraordinary.” Recent acts manifest “determined hostility” to the U.S. “The violation of the Treaty, so far as related to the deposit at Orleans, gave rise to much agitation in this Territory, and this recent attack upon every principle of friendly intercourse, and of those acts of civility which ought to take place, between two nations in a state of peace, has rendered the ferment still greater.”
“We have in this part of the Territory, about two thousand Militia, pretty well organized,” six hundred of whom could take New Orleans, “provided there should be only Spanish troops to defend the place.” Informs JM there are “in Orleans and on the Coast, a number of Inhabitants devoted to the American interest, and in the event of hostilities, would most certainly join the American standard.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:253.

   Claiborne may have enclosed a copy of a 22 Dec. 1802 directive in the name of Carlos de Grand-Pré, governor of Baton Rouge, which was printed in the Natchez Conservator on 3 Jan. 1803. The directive stated that Grand-Pré had been informed by Morales on 6 Dec. 1802 that Spanish subjects were to have no commerce with U.S. citizens, who were only allowed the free navigation of the river for the export and import of goods and produce. The directive forbade the inhabitants of Baton Rouge to trade with vessels proceeding to or coming from American possessions (National Intelligencer, 11 Feb. 1803).


Title: To James Madison from John Hoomes, 4 January 1803
From: Hoomes, John
To: Madison, James

Dear Sir
Richmond Jany 4th. 1803
Inclosed is a receept from Colo. Newton for the 100$ you gave me for him. Calender refused to give security for his appearance before the Court of Henrico, in the case of Hay agt. Calender; of course he was taken to Jail; Yesterday the trial commenced, & this eveng. Calender was discharged. I am dear Sir with Great respect Yours Sincerely
John Hoomes

   RC and enclosure (DLC). RC docketed by JM. For enclosure, see n. 1.

   The enclosure (1 p.) is Newton’s 3 Jan. 1803 receipt for $100 given to Hoomes by JM “for the Use of Capt. Stanley & paid him by Mr. Payne” (see Newton to JM, 28 Nov. 1802).

   In 1800 Virginia attorney George Hay had been appointed by the state executive council to investigate the actions of John Read of Norfolk in a case involving the surrender of a suspected mutineer from the British navy. Hay so resented published attacks by James Thomson Callender that he assaulted Callender with a walking stick on 20 Dec. 1802. The two men were bound over in the amount of $500 each, Hay to keep the peace and Callender to refrain from publishing anything detrimental to any Virginian’s character. Callender refused to fulfill his recognizance and remained in jail at Richmond until the trial (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:396 n. 1; Durey, “With the Hammer of Truth”: James Thomson Callender, pp. 164–68).


Title: From James Madison to Levi Lincoln, 4 January 1803 (Abstract)
From: Madison, James
To: Lincoln, Levi

4 January 1803, Department of State. “The Secretary of State requests the Attorney General to favor him with his opinion, whether a patent may be issued to the assignee of Robert Holliday for the land contained in the within survey [not found]. The doubt arises upon the variation between the survey and the description of it in the devise contained in the enclosed will [not found]. The land does not appear to have been surveyed by John Machir, but by Nathl. Massie and it is not located six miles distant from Kentucky River, but between the  and Little Miami: moreover the survey is not for 15,000 acres but for 1000 acres.”

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

   Left blank in letterbook.


Title: To James Madison from John Martin Baker, 4 January 1803 (Abstract)
From: Baker, John Martin
To: Madison, James

4 January 1803, New York. Asks to be excused for again addressing JM. A convenient opportunity to sail for the Mediterranean in three weeks is available, and “being particularly pressed through Mrs. Baker’s present Situation,” he solicits the favor of JM’s commands.

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

   See Baker to JM, 28 Nov. 1802.


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

4 January 1803, Gibraltar. No. 110. “I beg leave to referr to my last dispatch No. 109 [27 Dec. 1802] ⅌ this Conveyance of the Constellation frigate, who put back by Contrary Wind and is still detaind here.” Forwards a packet from Eaton and encloses a copy of a letter from O’Brien to Cathalan.

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. Docketed by Wagner as received 17 Mar. Gavino enclosed a copy of a 24 Nov. 1802 letter from O’Brien to Cathalan (1 p.), asking him to advise “Captains of any of the States Vessels” calling at Marseilles or Toulon that the dey had refused the cash annuity.

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


Title: To James Madison from Gabriel Christie, 5 January 1803 (Abstract)
From: Christie, Gabriel
To: Madison, James

5 January 1803, Annapolis. Requests postponement of his son’s appointment as consul for Madeira until after the son’s anticipated return from London in March. Wishes to withdraw the application if an appointment is required before then.

   RC (DLC). 1 p. Misdated 1802 by Christie and printed under that date in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:369. Correct date determined by comparison with Christie to JM, 20 Mar. and 14 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:52–53, 128–29). For the appointment of Marien Lamar as consul at Madeira, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:68 n. 1.


Title: To James Madison from Levi Lincoln, 5 January 1803 (Abstract)
From: Lincoln, Levi
To: Madison, James

5 January 1803, Washington. Acknowledges JM’s 4 Jan. note with the enclosures. “Wm. Holliday devises to his son Robert, ’1,000 acres of back lands situate about six miles distant Kentucky river, in the North western territory, being so much of a survey of 1,500 acres of soldier’s right surveyed by John Machir on my account.[’]” Nathaniel Massie previously had surveyed for William Holliday “1,000 acres of military warrant lands, on the waters of eagle creek.” John Machir bought, for taxes due in 1800 and 1801, 89 acres, part of a 1,000-acre tract on Eagle Creek in the Northwest Territory entered in William Holliday’s name. Machir also bought for taxes due 59 acres of a 500-acre tract on the same creek. “The question, is, was Holliday intitled to the 1,000 acres, by the devise in his father’s will? The principle of construing wills, is to give such a one, as to give effect to it, & execute the intent of the testator, if it can be done consistent with the rules of law.”
“The devise, in question, must either be void, or vest a title to a 1,000 acres in R Holliday the son.” False descriptions added to those which are sufficiently certain do not vitiate a will, and any “latent ambiguity” must be clarified by the use of intrinsic evidence to render the description certain. The above description is sufficient, applying in five particulars to the land in the survey produced. Other particulars of a description may be rejected if the facts disclosed by evidence so require. If the will disposes of the testator’s estate and mentions no other lands in the territory this would verify the presumption that the tract in question is the tract mentioned. If certificates exist from officers where surveys of land near the Kentucky River were entered, if Dearborn decides no military warrants could have been surveyed in the place mentioned, or if knowledgeable persons can testify the deceased owned no land “in such a situation,” Lincoln judges it would be “perfectly safe & proper to grant a patent for the 1,000 [acres] described in the survey, subject to such sales as may have been made of the same for taxes.” Suggests that John Machir when purchasing 89 acres of the 1,000-acre tract may have surveyed the whole to locate his purchase, perhaps causing a confusion of his name with Massie’s. “I have been thus particular, that the party in interest might know what further evidence is nece⟨ssary⟩ if you should judge, that which has been produced insufficient.”

   RC (DNA: RG 59, LOAG). 4 pp. Docketed by Wagner.


Title: To James Madison from Louis-André Pichon, 6 January 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

6 January 1803, Georgetown. “By information received this evening by Mr. Pichon he is led to believe that the aid de camp of Gnl. Leclerc from St. Domingo now on his way to washington brings dispatches relating to Louisiana. Mr P. has nothing Yet from the Gentleman and expects him to morrow.”

   RC (DLC). 1 p.

   Leclerc died of yellow fever on 2 Nov. 1802, and Hector Dauré, acting captain general of Saint-Domingue, sent Leclerc’s aide-de-camp, Perrin, to the U.S. with letters for Jefferson and Pichon. Dauré’s letter to the president merely expressed a desire for closer relations between the U.S. and Saint-Domingue (Dauré to Jefferson, 10 Nov. 1802 [DLC: Jefferson Papers]). For a report on Perrin’s visit, see Pichon to Talleyrand, 3 Pluviôse an XI (23 Jan. 1803) (AAE: Political Correspondence, U.S., 55:188–89).


Title: To James Madison from James Monroe, 7 January 1803
From: Monroe, James
To: Madison, James

Dear Sir
Richmond Jany 7. 1803.
I expected to have had the pleasure of see[i]ng you before this in my route to New Yk., but a late indisposition and the pressure of my private concerns, compell me to postpone a visit to my friends to the claims of business which will lead me first to the westward. The day of my departure is not positively fixed, but will be in a few days. I shall pass thro’ the federal city in March when I shall not fail to call on you. I wish you & yr. family health & happiness & am sincerely yours
J. M

   Draft (DLC: Monroe Papers). Written on the verso of a draft of Monroe’s 7 Jan. 1803 letter to Jefferson.

   Monroe first wrote “duty,” then crossed it out and replaced it with “business.”

   Monroe altered his plans after Jefferson wrote him on 10 Jan. asking him to accept appointment as minister extraordinary to France and Spain (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:188).


Title: To James Madison from Richard O’Brien, 9 January 1803 (Abstract)
From: O’Brien, Richard
To: Madison, James

9 January 1803, Algiers. Reports that nothing extraordinary has transpired in U.S. affairs since Morris’s departure on 29 Nov. Tried again to have the minister of marine persuade the dey to accept a cash annuity but was told it would be in vain, as timber for building frigates was much wanted. Replied that $30,000 “would procure a great Quantity of timber in The Levant as Cheap and better then it Could be brought from the U States.” The minister said he would talk to the dey again but did not expect it would have the desired effect. The “Jew directory” said obtaining acceptance of cash “would require Some Sums to bribe with” and suggested the U.S. “never more offer Cash” but leave the choice to the discretion of the dey and ministry. On “7th. or 8th of ⟨July⟩ last” the dey demanded from Denmark $100,000 as an extra present and the use of two vessels. The Danish government applied to Bonaparte for assistance. “The dean and french Consuls were apprized of This Event … when on the Evening of The 31st. of december The dey Sent to The dean Consul [Bille] to inform him that he gave him 3 days to Quit The Country and Settle his accounts &c.” The Danes owed one year’s annuity of $18,000 and the Danish consul offered $10,000 “by and with The advice of The french agent”; the dey refused and ordered him again to leave the city. French consul Thainville hinted that he had orders from Bonaparte to aid Danish affairs. The minister said any mention of France’s intent to aid Denmark would enrage the dey. On 7 Jan. the dey declared war on France and Denmark, giving Thainville and Bille thirty hours to leave Algiers and thirty days before he would commence hostilities. Bille offered $20,000 or more for the dey to renounce claims and admit France’s guarantee of the Danish treaty with Algiers. On 8 Jan. Thainville requested permission to send a small French vessel to Toulon with dispatches. The dey replied that “the Consul might go in Said Vessel and be the Bearer of his own dispatches” and gave him six days to make arrangements for departure. Bille’s trunks were being loaded on a ship hired to take him to Toulon when a Danish brig appeared with stores. At the prime minister’s request, the dey allowed the French to remain for thirty days. “The dey in a manner renounces his arrangemt. made last august with General Hulen The aid of Bonaparte and now again demands that france will pay him The 200 Thousd. dollars borrowed 7 years past from The Ex dey by Herculas the agent of the directory.” The sum is included in the debt France owes to Baccri and Busnach, but the dey demands they pay it to him in thirty days, accompanied by consular presents. Baccri and Busnach have offered to give presents to save the peace, but the dey insists the presents come from the French government. The dey has said Bille may stay, settle his accounts, and consider increasing his offer. The dey will not reduce his demand for $100,000 and insists Denmark increase the value of its annual payment from 10,000 to 12,000 sequins. Believes even with French aid a new treaty will cost Denmark “at least 50 Thoud. dollars besides The increase of The Annuity, and I doubt as affairs now Stands whether the dey will admit of The french gaur⟨en⟩teeing the dean treaty.”
Has been told that when Baccri and Busnach of Paris presented accounts amounting to ten million livres, including $200,000 borrowed by Herculais, “Bonaparte got Enraged and Said This Money was Squandered away by The Ex Govt. without france receiveing Any benefit.” The Jews say the money bought grain for the Egyptian expedition. The debt owed by France and “the whole Commerce of This Regency” induce the Jews to use their influence to keep France and Algiers on friendly terms. At present, the dey pretends he made no new concessions in the August agreement and never renounced his claim to $200,000 and presents. His letter written in reply to one received from Bonaparte last August has been printed in European newspapers. “From them This point Can be Judged, but Said letter of The deys was managed here by the prime Minister, The Jew directory and french agent. The dey Stupidly put his Seal to it.” French affairs at Algiers have varied so much within one year that it is difficult to give full details. Since the dey declared war on 7 Jan. and revoked the order on 8 Jan., the treaties between France and Algiers are suspended until Napoleon gives the matter his sanction. “If the Swiss and St Domingo business” do not engage his attention, the coming summer will allow Napoleon to send troops to Algiers. Considers it strange Thainville has had no audience with the dey on such important affairs. Suggests that the section of the Treaty of Amiens relating to Malta was intended by France to draw Great Britain into a reform of the Barbary system. France has now adopted a new scheme and sent an officer to aid in Swedish affairs at Tripoli. The result is a $160,000 payment for peace and ransom and an $8,000 annual payment in tribute. “In May last” Tripoli offered to make peace with Sweden for $60,000. New demands by the Barbary powers have shown Denmark and Sweden “the good or bad policy of Searching a powerfull protector in Bonapart.” Gives his thoughts on the possible effects of France’s destroying the current system of dealing with the regencies.

States that he believes a report that when the dey attacked the Danes on 31 Dec. he also threatened to drive the French, Spanish, and American consuls out of Algiers. The directory and ministry have said nothing. Can only again offer cash in lieu of stores and will make “a full referance of All” to JM if time allows. Has notified Commodore Morris and American ambassadors and consuls of the current state of affairs with Algiers. “Should Such an Event take place no nation will be more prepared to meet The Same” than the U.S. Will leave nothing undone to keep peace, but “the squalls is So unregular That we Should be prepared to meet Their greatest force.” Adds in a postscript that he believes Thainville has orders to insist that the dey acquiesce to a list of demands, including consular privileges, compensation for captured Italian ships, and the return of French deserters from Oran. Has not heard the details of eight other demands. Believes the French will pay money and give presents, France having been for fifty years “accustomed to receive The greatest insults and Spoilations from this regency.” The Jews, who have over twenty million livres in France, will part with some as a bribe to save the rest, and the French minister will overlook the dey’s conduct. “In Case of An invasion of This regency by the french the Said Jews would be The first Victims—further, those Squalls of Algiers will be detailed by The French Agents &c. with great mildness, next The Commerce of Marseilles is a powerfull friend and Supporter of The Barbary System, next whether france has a Just right or not to resent The deys insults and invade This regency, notwithstanding She might be opposed in The project by Great Britain.… As Toulon and Bona The Seaport of The fertile province of Constantine … is but 100 Leauges [sic] apart That if france gets a Safe foothold in this Country That She would Care but little about St Domingo—and leave it to The independant african race.” Would be happy to be mistaken in his conjectures and to inform JM of the destruction of this government. Adds in a 15 Jan. postscript that Danish and French affairs remain the same. Such squalls are so common at Algiers that inhabitants do not consider them dangerous. “They Know They will blow over and That The dey is right & that They are not affraid of our Enemie That They have but little heard of & never seen or felt their force.” O’Brien added a note that he was forwarding a copy of the dispatch to the U.S. ambassador at Paris. “I hope he will See his true Course from the purport of The Same.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 5 pp. Marked “3d.” Docketed by Wagner as received with O’Brien’s 17 [18] Jan. dispatch on 23 May. Another copy of the RC, marked “5th.,” is docketed by Wagner “9 to 15 Jany. 1803.” A third copy of the RC (NHi: Livingston Papers) is marked “7th. Copy,” to which O’Brien added at the end “The Honourable Rufus King to peruse and forwd.”

   For the agreement arranged by Pierre-Augustin Hulin, see O’Brien to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:494).

   During Louis-Alexandre d’Alloïs d’Herculais’s tenure as special envoy to Algiers from 1792 to 1796, he borrowed a sum of money from the Algerine treasury. The dispute over repayment was one of the causes of the rupture between the two countries that preceded the French conquest of Algiers (Dictionnaire de biographie française, 17:1049; Pierre Laffont, Histoire de la France en Algérie [Paris, 1980], pp. 58–62; Wolf, The Barbary Coast, pp. 333–34).

   In a 12 Aug. 1802 letter to Napoleon, Mustafa Dey wrote that he would return the crews of the Neapolitan ships taken as prizes, dismiss the officer who had taken them, and respect the flag of the Italian Republic; he denied having the 150 men he was accused of holding; he had arranged the matter of the coral fishery with Thainville and returned to the African company its former prerogatives; he reminded Napoleon of the 200,000 piasters due and swore eternal friendship (Mouloud Gaïd, L’Algérie sous les Turcs [Algiers, 1974], pp. 169–70). For Napoleon’s demands, see O’Brien to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:494).

   O’Brien here added in a marginal note, “Bonapart & The dey does not See Each other Clearly There is A mist of Agents which prevents things haveing The duplicate Effect.”

   O’Brien referred to article 10, section 9, of the Treaty of Amiens, which decreed that the Barbary powers were to be excluded from Malta until “the system of hostility which subsists between the said Barbary States, the Order of St. John, and the powers possessing langues, or taking part in the formation of them, shall be terminated” (Israel, Major Peace Treaties of Modern History, 1:450).

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


Title: To James Madison from Charles Willson Peale, 9 January 1803 (Abstract)
From: Peale, Charles Willson
To: Madison, James

9 January 1803, Museum. At the request of his friend John I. Hawkins, writes to inform JM of Hawkins’s invention of a machine to multiply copies of writing or music. Hawkins “some time past pondered whether he ought to take a Patent, as one had already been granted for similar purposes,” but inquiry showed “his invention is totally different, being a simple movement of paralell Rulers with very little Machinery, and the former is by its construction an expensive apparatus” and not likely to become generally useful. Hawkins is setting out on a journey eastward and has not time to make out the specification but will send it in due form as soon as possible; he requests that this notice may be considered his application lest someone else endeavor to use the invention, “especially as the Machine with which I write these letters has been seen by several Persons who no doubt will speak of it to others, whose curiosity will be excited to see this machine, the first made for my use, and these letters the first I have written with it.” The delivery of ink will be improved by greater accuracy of workmanship in subsequent machines. “The fertile invention of Mr. Hawkins will overcome all difficulties discovered by practice.” Has written with five pens with great ease.

   FC, two copies (PPAmP); draft (ibid.). FC 1 p. Printed in Lillian B. Miller, ed., Selected Papers of Charles Willson Peale and His Family (3 vols. in 4; New Haven, 1983–91), 2:479–80.

   For John Isaac Hawkins and his polygraph, see ibid., 2:232 n. 1, 475–78, 538 n. 2.


Title: From James Madison to Samuel Latham Mitchill, 9 January 1803
From: Madison, James
To: Mitchill, Samuel Latham

Letter not found. 9 January 1803. Acknowledged in Mitchill to JM, 10 Jan. 1803. Discusses Isaac Briggs’s 1 Jan. letter regarding a national agricultural society.


Title: To James Madison from John J. Murray, 10 January 1803 (Abstract)
From: Murray, John J.
To: Madison, James

10 January 1803, Glasgow. Transmits a report of U.S. trade up to 31 Dec. 1802 [not found]. Did not succeed in filling all the blanks; the report “is therefore very imperfect.” If Congress passed a law requiring masters to report their arrival and to show their ship’s papers to consuls, it would simplify consular duties regarding reports and also “be the means in time, if not immediately, of putting ⟨a⟩ stop to some Illegal practic⟨es⟩ that I suspect ⟨are in⟩dulged in to great extent” to the injury of good and lawful citizens. Alludes in particular to the rights of foreigners as exercised in U.S. ships. Asks JM to tell him to whom the ships marked “S” in the report are registered. Asks to be informed “as soon as poss⟨ible⟩” if JM has received his letters of 31 July and 26 Aug. Received JM’s 26 Aug. circular “about a Month since” and will pay exact attention to its contents. Asks JM to have the acts of the last session of Congress sent to him. Attaches his seal of office in a postscript.

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 3 pp. Docketed by Wagner.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:448, 521–22.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5.

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


Title: Resolution of the Senate, 10 January 1803 (Abstract)
From: Senate
To:

10 January 1803. Having taken into consideration the treaty concluded on 30 June 1802 between the Seneca Nation and Wilhem Willink and others of the Batavian Republic, “the Senate do advise and consent to the ratification.”

   Ms (DNA: RG 59, ML). 1 p. Signed by Samuel A. Otis, secretary. Docketed by Wagner. For the background of this treaty, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:343 and n.


Title: From James Madison to Isaac Briggs, 11 January 1803
From: Madison, James
To: Briggs, Isaac

Washington Jany. 11. 1802 [1803]
At the date of my last I intended to have had an immediate personal communication with Dr. Mitchell on the subject of yours of the first inst. Our distance from each other with a pressure on my office from some occurrences of business, put it out of my power to see him, and the intercourse on paper being substituted, I have not been able to obtain his sentiments & counsels, in time for a meeting to be settled as early as you wish, that is on Saturday next. If you can fix another Day that will suit you, and give me timely notice, I will get the Editor of the Nat: Gazette to throw into it an anonimous invi[ta]tion to the members of Congs. &c. to give an oppy. for hearing the observations & propositions which you may have prepared for their attention. It will be well for your answer to arrive as long as possible before the day of meeting, that there may be the less uncertainty of getting the notice printed in time. I am your friend with respec⟨t⟩
James Madison

I inclose a letter from Dr. Mi[t]chell for your perusal, which you will be good to return.

   RC (PHi). Misdated by JM. Date corrected here on the basis of internal evidence and on the assumption that JM enclosed Mitchill’s letter to him of 10 Jan. 1803. Docketed by Briggs.

   JM’s reply to Briggs’s 1 Jan. 1803 letter has not been found.


Title: From James Madison to Robert C. Latimer, 11 January 1803
From: Madison, James
To: Latimer, Robert C.

Sir,
Department of State 11. January 1803.
The President of the United States has received your memorial respecting the spanish Brigantine Los Amigos.
If damages were justly due in the case, the spanish claimant might have pursued his redress judicially beyond the first sentence of the District Court.
At present it does not seem requisite, that the Executive should pass an opinion upon its merits, as they are incompetent to grant indemnity for the injury complained of. This defect of power not applying to the Legislature, the memorial might have been, with more propriety, addressed to them: but considering that a treaty for adjusting mutually the wrongs committed during the late war and which are complained of by the citizens and subjects of the United States and Spain is now depending for ratification, the Legislature may not be inclined at present to take up the case of Los Amigos. I am, Sir, very respectfully &ca
James Madison.

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

   For the case of the brig Los Amigos, see Levi Lincoln to JM, 3 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:362–64 and n. 1, 365 n. 2).


Title: To James Madison from Nottnagel, Montmollin & Company, 11 January 1803 (Abstract)
From: Nottnagel, Montmollin & Company
To: Madison, James

11 January 1803, Philadelphia. The writers solicit JM’s intervention with the Spanish minister for a passport for their clerk, J. D. Gouffond, a Swiss native resident in the U.S. for “twenty years & upwards.” “We have Some Comercial Settlements of Consequence with a Spanish house at the havannah & have not been able in course of 5 years by way of Correspondence to receive any Kind of Satisfaction; the only method left is to Send our agent to the Said place, who cannot be admitted without the passeport of the Spanish Envoy.” Should their petition be granted, Edward Jones or “Our brother in law Mr Knapp” will call on JM to receive the passport. Gouffond can sail with Capt. Philippe Fatio of the brig Narcissa, who expects to sail “in a week from hence to Havannah.” In a 13 Jan. postscript Clement Biddle attests that John D. Gouffond lived with him as a clerk in 1781 and has since resided in the U.S. “as a Citizen and is a person of good Character.”

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

   The merchant firm of Nottnagel, Montmollin & Company was located on South Front Street in Philadelphia (James Robinson, The Philadelphia Directory: City and County Register for 1803 … [Philadelphia, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 4858], p. 188).

   This was probably John Knapp (see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:55 n. 1).


Title: To James Madison from Andrew Ellicott, 12 January 1803
From: Ellicott, Andrew
To: Madison, James

Dear Sir
Lancaster Jany. 12th. 1803
I have enclosed a packet containing a number of astronomical observations for Mr. Delambre, one of the secretaries of the national Institute. I wish it forwarded with your despatches to our Minister at Paris, to whose care it is directed.
If you will look over the papers accompanying my communication to the department of State, dated Novbr. 14th. 1797, you will find one in Cypher, giving an account of an extraordinary plan, it is No. 9. the whole detail respecting that plan is true! And tho the plan may be abondoned, the persons concerned in it may not merit a great degree of confidence from our government.
I knew as early as the latter end of February 1797 of the cession of Louisiana, to the Republic of France; but I thought the cession included the Floridas. It was this information, which (for certain, and obvious reasons) was kept a profound secret, that induced me, to use those prompt measures with the Officers of his Catholic Majesty, and which alone has secured to the United States their just, and equitable limits: for it was then well known to me, that his Catholic Majesty never intended to carry the Treaty into effect. The document containing this fact has been frequently in my hands, and was shewn by me, (with the strictest injunctions of secrecy,) to my Secretary Mr. Gillispie. This important paper is mentioned in my communication to the department of State dated at New Orleans Jany. 10th. 1799, which I wish you to read.
During the whole time I was absent on our Southern boundary I am conscious of having devoted both night, and day, to the service of my country, and expended several sums of money for procuring private information, which I cannot conscientiously cover by a fictitious charge, tho I lose the whole. Notwithstanding my exertions, which were well meant, Mr. Adams refused me an audience on my return, tho twice requested. This I then thought, (and my opinion is not yet altered,) was occasioned by my refusing in a very decided, and positive manner on the personal application of Genl. Wilkinson to enter into the general out-cry against Mr. Jefferson. I do not mention this for the purpose of injuring Mr. Wilkinson, he probably thought himself right: neither do I mention it to obtain any favour for myself: I have none to ask, I find that my office, with the aid of a little manuel labour will support myself, and family.
I have a work to publish, but it is delayed for want of the maps, and I cannot find time till the days lengthen to protract, and delineate them.
Last November I spent a week at Doctr. Priestley’s in Northumberland, he requested when I wrote, to be remembered to yourself, and the President. Wishing you health, and happiness, I have the honour to be your sincere friend
Andw. Ellicott.

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

   For JM’s offer to forward Ellicott’s correspondence with Jean-Baptiste-Joseph Delambre, see JM to Ellicott, 8 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:9–10).

   Ellicott’s 14 Nov. 1797 letter to Timothy Pickering described a plot to detach Kentucky and Tennessee from the Union and unite them with a large section of territory seized from Spain to create a new empire centered on New Mexico. He accused Gen. James Wilkinson, Senator John Brown of Kentucky, Judge Benjamin Sebastian, and Kentucky lawyer William Murray of receiving annual stipends from Spain. Ellicott enclosed ten documents to support his charges of a conspiracy (DNA: RG 76, Southern Boundary, U.S. and Spain, vol. 1).

   In his 10 Jan. 1799 letter to Pickering, Ellicott mentioned a 16 June 1796 letter written by Gayoso that stated the Spanish court had no intention of fulfilling the terms of the Treaty of San Lorenzo (ibid., vol. 3).


Title: From James Madison to James Allen, 13 January 1803
From: Madison, James
To: Allen, James

Sir
Department of State Washington 13. January 1803.
Your letter complaining of the attempt by Mr. Lewis S. Pintard, acting as Consul at Maderia, to extort illegal fees from you, whereby your vessel was detained, has been received. As comprising a violation of public duty, the case will meet with the proper attention. For the private injury you have sustained, you have your remedy against Mr. Pintard who caused it, his principal Mr. John M. Pintard or his sureties, as your Counsel may advise; if you see fit to prosecute it. I am &ca.
James Madison.

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

   Letter not found.


Title: To James Madison from Leven Powell, 13 January 1803
From: Powell, Leven
To: Madison, James

Sir,
Middleburg Virga. Janry 13th. 1803
In reply to the letter which I had the honor to receive from you of the 1st. Instt. requesting to know whether I expect payment in Specie of the Amount of the Acceptances for the Tobacco sold in France or of their Value reduced by a Scale of depreciation, and also whether after the deposit of the paper-money the French Government has considered it as forfeited, I will beg leave to observe that as there was an evident depreciation in their Money it appears to me fair, that the payment should be made According to its value at the time the Contract was made, it was certainly this value that governed both parties at that time, and you will recollect was the principle adopted by our Government at the Close of our Revolutionary War, but I have no doubt that interest ought to be paid from the time the money became due.
The letter which I recd. from Callou freres Carmichal & Co. Covering an Accot. of Sales of March 7th. 1793 which must have been Subsequent to the sale and only five days prior to the date of the Acceptances States, the exchange then to be from 15 to 15½ Sterlg. for the three Livres of France or about 5d. Sterlg per Livre.
There is a Claim in Addition to the Acceptances for a small parcel of Tobo. sold perhaps shortly after their date, the Nett proceeds of which amounts to £759.8 making in the whole £.45149.12.6 this appears by a letter from Henderson Riddell & Co. to Wm. Callou & Wm. Mellar and which makes a part of the Statement.
I have not seen the Law of the French Government which Authorized the deposit, nor have I ever understood that there was a time limitted for the Credittors to receive the Money under the penalty of a forfeiture, but if this should be the Case it surely ought to Operate only on its own Citizens who had the means of information and a knowledge of its laws & who would receive a Share of the benefit resulting to the Nation by the forfeiture, but not on a Citizen of a friendly Nation who had not the means of knowing any thing about the Laws of that Country. I am very respectfully Sir, Yr. Ob: Hble Servt.
Leven Powell

   RC (DNA: RG 76, French Spoliations, 1791–1829).


Title: To James Madison from Benjamin Hawkins, 13 January 1803 (Abstract)
From: Hawkins, Benjamin
To: Madison, James

13 January 1803, Fort Wilkinson. Introduces the bearer, William Hill, who has lived with Hawkins as an assistant in the Creek agency “for nearly five years, is a very honest man and worthy of your friendly attention.” Unable to have the pleasure of seeing JM himself, Hawkins has directed Hill to call “and detail to you the occurrencies in this quarter, that you may form some idea of the Arab life I have lead and the progress I have made in the objects under my charge.”

   RC (DLC). 1 p. Printed in Grant, Letters, Journals, and Writings of Benjamin Hawkins, 2:453.


Title: To James Madison from Sylvanus Bourne, 14 January 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

14 January 1803, Baltimore. Forwards some intermediate numbers of the Leiden Gazette just received. “If about the time of my return to Holland in the Spring any circumstances arising out of our foreign relations should render neccessary a temporary special Agency or commission from our Govt to any part of Europe, I should be glad of the employ as it would be an aid towards my expenses while it may operate to save those of the publick.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 1 p. Docketed by Wagner.

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


Title: To James Madison from Hubbard Taylor, 16 January 1803
From: Taylor, Hubbard
To: Madison, James

Dear sir
Kentucky Clarke County 16th. Jay 1803
I have lately been settling up the Accts. of my friends with officers of the Direct tax, which have been commited to my care, Among which are the Lands of yr fathers estate and those of yr brother Ambrose’s & your own, 1000 Acres of Military land in the name of yr brother was omitted by some misunderstanding between Majr Lees Exor. & myself, but means has been taken to correct the error which will prevent any difficulty arising from the Omission.
The Exors of Major Lee informs me there is an Acct. both with you and the estate of Majr. Madison, they wish to be informed of the proper person for adjusting on behalf of yr brothers estate or his daughter, I am to have a copy of the Acct. with yourself & so far as the charges goes to the Land business of yours, I shall settle it in your behalf. I would Wish to be informd wheather you would prefer half of those Lands you claim in the name of yr. brother, shall be entered in your own name & the taxs pay’d on your own Account or to continue as they are & the taxs paid by you, of this please to write me.
There is 1000 Acres in name of yr. father on Elk horn that will be intirely lost—I once informed the old Gentleman of it & advised him to relinquish it & get back the tax’s on which I never got any spec[i]al answer. I have lately seen a ⟨connection?⟩ accurately made out, in the hands of Mr. Innes & he & myself both agreed, it would be a dead expence to retain it. Shall I relinquish & get the money back for this tract.

I have continued to pay on the 10,000 on Panther Ck that depends on Masons (recoverd by Wilson alias Davis) Colo. Barbour proposes to bring a suit in Chancery in the State Court—for by the erronious opinion of the Attorney Genll. here and obliging temper of the Register a patent has been obtain[ed] by Davis on a Copy of the Opinion of the Supreme federal Court. Mr. James Hughes the Gentleman who plead the cause for Mason & Co set off a few days for the federal City & no doubt you will see him, he is undoubtly the first Attony in this state, and if any thing further can be done he can best inform you, a New Caveat had been entered aga[i]nst you & Colo. Barbour has as well as myself spoken to Mr. Hughes what I said was by request of Colo. Barbour.
The late stagnation to our exports by the conduct of the intendant at Orleans, together with the injury done our wheat by the Weavel, the low price of Hemp & Tobo. makes our Mississippi trade produce us but litle prospect this year. As to the remidy of the fir[s]t of these evils, we rely with confidence on the Genl. Government, not doubting of every proper measure which the nature of the case will admit of, will be spedily […] to the other⟨s⟩ they must regulate themsel⟨ves⟩.
I hav⟨e⟩ […] of yrs & yr. fathers estate […] to time as it appears requisi⟨te⟩ […] you or yr. brother.
⟨Mrs.⟩ Taylor joins […] wishes for the health & happiness of you & Mrs. Madison & believe me to continue with respect Yr: affe. Hble sert
H Taylor

   RC (DLC). Docketed by JM. Third page torn.

   For John Lee (1743–1802), Ambrose Madison’s brother-in-law, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 8:56 n. 1.

   For the lawsuit over the Madison family lands in Kentucky, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:222–24 and n. 3, 402–3 and nn.

   For James Hughes, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:403 n. 2.


Title: From James Madison to William C. C. Claiborne, 17 January 1803
From: Madison, James
To: Claiborne, William C. C.

Sir,
Department of State January 17. 1803.
I duly received your letter of 25th. Novr. 1802. inclosing the letter to you from the Governor at N. Orleans, in which it was stated that the intendant in arresting the course of our trade, had acted without orders from the Spanish Government; as well as contrary to the opinion of the Governor. This communication was laid before Congress by the President. You will find by the Resolution of the House of Representatives herewith inclosed, the principles and purposes entertained by that branch of the Government on the subject of the western rights and interests of the Union. The President having them not less at heart, has with the concurrence of the Senate appointed Mr. Monroe the late Governor of Virginia as Minister Plenipotentiary and extraordinary immediately to France, and eventually if expedient to spain, where he will be joined by the respective Ministers at those places, in negociations for more effectually securing and if practicable enlarging the rights of the United States on the Mississippi and the Territories Eastward thereof, Mr. Monroe will proceed on his Mission as soon as he can make himself ready for it.
From the steps which have been taken in order to effect a revocation of the prohibiting ordinance of the Intendant, it is hoped that the stipulated channel of trade is by this time again open. Considering however the importance and urgency of the case, it has been suggested to the Spanish Minister here, that as he now knows that the Intendant had no instructions from his Government and has seen more fully the effect of this violation of Treaty on the Councils of the United States he might advantageously renew his interpositions with that officer. He has accordingly put into my hands the letter inclosed, which I beg the favor of you to forward to Mr. Hulins with a copy of this letter, by the quickest conveyance, particularly in case the right of Deposit should not have been re-established. I have the honor to be &ca.
James Madison.

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

   On 22 Dec. 1802 Jefferson had submitted to Congress his message regarding Spanish violation of article 22 of the Treaty of San Lorenzo by the suspension of the American right of deposit at New Orleans (see JM to Jefferson, 21 Dec. 1802, and n.). On 30 Dec. he also submitted a copy of Salcedo’s 15 Nov. letter to Claiborne (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 285, 299–300; National Intelligencer, 5 Jan. 1803).

   See JM to Pinckney, 10 Jan. 1803, n. 3.

   JM probably enclosed a 17 Jan. letter from Yrujo to Morales ordering him to revoke the proclamation at once lest he involve Spain in a war (León Tello, Documentos relativos a la independencia de Norteamérica, 4:43).