Title: To James Madison from George W. Erving, 28 September 1803 (Abstract)
From: Erving, George W.
To: Madison, James

28 September 1803, London. No. 23. Transmits his semiannual accounts as agent for the prosecution of claims and appeals and as agent for the relief and protection of seamen to 30 June [not found]. “The Awards of the Board of Commissioners, issued for the most part but a short time previous to the period fixed for the payment of the first instalment, and some were subsequent to that date, have required my entire attention in preparing the arrangements necessary for receiving the Money: The extreme pressure of various business connected with these, I hope will apologize to you for my not having earlier attended to the accounts. The balance of £2275.12s.3d sterlg. which appears to be due upon the Agency Account, consists in 1100 £ of Mr. Lewis’s Money which on the 30th June lay in the Bank of England, and the remainder in the Spoliation Account with Messrs. Lees & Co. the Bankers. Since that date I have paid further Sums into the Spoliation Account to the amount of about £23,484 out of which have drawn in favor of Sir Francis Baring (and placed subject to the Order of the Secretary of the Treasury, pursuant to the instructions contained in your letter of April the 19th) for the Sum of £16,000 Stg Viz: on August 26th. £8,000 and on Septr. 22nd. £8,000.
“From Mr. Samuel Williams, to whom as Attorney of the Claimants, the Board has made a great proportion of its Awards payable, I have received on account of the United States for their advances in such Cases, the Sum of £19,000 Sterling (part of which is paid into the Spoliation Account, and a part paid to Proctors) and calculate that upon a final adjustment of his Account, there will be from 3 to 4000 £ more to be paid by him.
“From other Agents of the Claimants I have received about the Sum of 7564 £ Stg. and estimate that I shall have to receive from them the further Sum of about 3000 £. Besides these sums, I have yet to deduct and carry to the Credit of the United States in the Spoliation Account, the amount of their disburseme⟨nt⟩ in Cases where Awards have been made payable to myself and the Expences remain unsettled; having paid the Gross Amount of the first Instalment into the Bank of England, on the Day when I received the same from the British Treasury. I have now ascertained the Deductions to be made in such Cases, and directed the Claimants respectively to draw for their nett Balances. These deductions amount to the Sum of £12,360.18s.1½d Sterling. I have paid to the Proctors since June 30th.—£6170.8.8; it is impossible to say with any degree of certainty what may be the balance to be paid to them on a final adjustment of their Accounts. It will not I hope exceed £8000.” The balance now in the spoliation account is £5,411 18s. 9d.; the amount to be received from Samuel Williams, £3,500; the amount to be received from other private agents, £3,500; the amount to be drawn from the Bank of England, £12,360 18s. 1½d.; the total comes to £24,772 16s. 10½d. From this will be deducted £8,000 for proctors, leaving a balance of £16,772 16s. 10½d. to be paid to Baring & Company. Since £16,000 has already been paid to them, a total of £32,772 16s. 10½d. “will be subject to the Drafts of the Secretary of the Treasury, in the Hands of Baring & Compy.”
“The great variety of accounts which I have had to arrange in my Books, those which were to be adjusted with the private Agents and Attornies of the Claimants a minute examination of the Reports of the Assessors to the Board, with a view (as far as possible) of separating the Interests of the Claimants which have been blended in the Awards; making Copies and Extracts of these Reports where necessary, in preparing upwards of 300 Letters for Claimants on the occasion, being desirous that they should receive instructio⟨ns⟩ to draw for their monies as soon as possible; these Objects have so entirely engrossed my time, that I have not hitherto been able to enter upon the accounts of the several Proctors with the accuracy necessary to prepare a final adjustment of them. This, which from a variety of circumstances; the length of time the Suits have been pending, the interference of Private Agents, the irregularity of the payments made (in many cases the Proctors having reimbursed themselves out of proceeds recovered from the Captors) &ca. &ca a Work of great Labor & intricacy, I propose to engage in forthwith: One difficulty however to a complete settlement, which I know not how to remove without an instruction from you. The charges of the Proctors as you already Know are very high, and it is the Practice of the Courts of Admiralty where Costs are decreed against any party to refer the Proctors Bills for taxation to the Registrar of the Court; a deduction from the Gross amount of the Bills is made by I know not what Rules, & in their taxed state the Bills are paid by the Party against whom costs are decreed: It is almost impossible to say what is the average of such deductions; it may be estimated at 15 PerCentum. The Client may probably make good this deficiency to his Proctor. Now as the Board in all Cases give Costs, I presume upon a parity of reasoning they have directed the Bills to be taxed according to the practice of the Courts, and award against the British Government the taxed amount only. It has been said by the Proctors (but I have not thought it proper to enter into the Question with them) that Mr. King promised that they should be paid the full untaxed amount of their Bills, and indeed as far as I was able to understand Mr. King upon the Subject (which however was never very clearly) it appeared that in some interview which he had with these gentlemen, he had made some loose kind of promise that they should ultimately be so paid, if they conducted the Business satisfactorily. I have thought it adviseable hitherto not to agitate this Question with the Proctors, but the Sums which I have at several Times paid to them have been upon account, and without any referrence to it: But in the mean time have thought it my Duty (lest ultimately we may be obliged to pay the full amount of the Bills) in all Cases to deduct from the monies received by myself and to exact payment from the private Agents, sufficient to reimburse the United States to the fullest extent. Considering the magnitude of our business so profitable to the Proctors, it does appear to me that no Promise of th⟨at⟩ nature mentioned was necessary to be made, and that they would have considered themselves well paid with the taxed amount of their Bills; I will endeavour yet to induce them to be satisfied with such Amount; if they should still demand the fulfillment of Mr. Kings engagement, I shall not feel myself authorized to settle with them by that rule, without your express Direction: The circumstance of our having already deducted the whole Amount from the monies of the Claimants, nor the impossibility of repaying to them the differences, will not I presume be important in this consideration; for the utmost that can be received from the Claimants will fall very far short of complete reimbursement to the United States, owing to the Deficiency arising from Cases condemned in the Courts and dismissed by the Board (the Costs for prosecuting which may never be recovered from the Claimants) besides the great Expences which have attended the Commission for so long a Period.” Has not been furnished by the board with a complete list of the awards but understands that one has been forwarded by the American commissioners to the State Department; the total is £1,200,000. Received awards on 30 May (43), 10 June (48), 5 July (19), 14 July (91), and 29 Aug. (6), and two before 30 May. Paid into the Bank of England on 18 July £41,887 2s. 5d., on 25 July £37,650 16s. 1d., and on 14 Sept. £1,039 13s. 10d., for a total of £80,577 12s. 4d.
“But very few Cases now remain to be considered by the Board; I took the liberty of intimating in a former letter that it might have been practicable to have obtained an arrangement with this Government for transferring immediately to the Commissioners, the Remnant of Business pending in the Courts, & thus to have closed the Commission in the last spring; nothing however appears to have been done towards that Object by Mr. King previous to his departure, soon after the arrival of Mr. Monroe the Board adjourned for the remainder of the Summer; it is probable that if the Commissioners shoud meet again as early as December, the remaining Business may be completed by the commencement of the Spring ensuing.
“With respect to my Seaman Agency Account herewith inclosed, you will please to observe that I have not yet settled with Mr. Lawrence Williams for the balance of the passage Money due on account of the Men sent to Norfolk in the ‘Mary’; he has set up a Claim, which however he has not furnished me with the Particulars for Demurrage at Falmouth, & other Expences incident to his detention there, in consequence of the Fever which broke out amongst the passengers, & which he alledges to have been brought on board by them: I have considered it my duty to resist this Claim & am able to prove by the testimony of Charles Dominick, a very respectable Man, one of the Passengers, whom I have mentioned to you in a former letter and whose Services Mr. Fox also speaks so highly of, that Mr. L. Williams allegation does not agree with the fact, but that the Fever is to be attributed in a very considerable degree to the leaky situation of the Vessel after a very severe Gale of wind which she met with on her passage to Falmouth. I trust that the great services of Dominick, the incessant attention which he paid to the Sick at the constant hazard of his own Life & by which the lives of many of these unfortunate People were preserved, and the State to which he was finally reduced by the Accident which he afterwards met with, will justify the Expenditure which I have made for his care and support. He is a Man of advanced Age, and tho’ latterly before the Mast, was once Master of a Ship, the use of his Feet is returning tho’ slowly, I shall be able to return him to his friends in the course of a few Weeks.
“The impressment of our Seamen having been continued by this Government with the same Rigor and upon the same Rules as mentioned in my letter of June the 6th. I have been induced to take occasion of writing to the Admiralty the three letters (No 1. 2. & 3) of which I have the honor herewith to inclose Copies: and after Mr. Monroe’s arrival and conversing with him upon the subject, with his approbation I addressed to him a Representation on which he will found some measures which I doubt not will result favorably. In perfect harmony, & cooperation with Mr. Monroe I shall continue my Exertions in this Department of my duties and hope that some principles and regulations may be established for the security of our Citizens more extensive and effectual than any which have heretofore subsisted.” Adds in a postscript: “In the present extreemly critical state of the Public Affairs here, and the consequent Hazards and Risques which their commercial & monied Interests are exposed to, I think it a duty to suggest to you, (tho’ I wish to do it with the utmost delicacy as respects the Parties concerned) that it would be well to leave as little of our Funds as possible in the Hands of the Bank or Bankers.”

   RC and enclosures (DNA: RG 59, CD, London, vol. 8). RC 10 pp.; docketed by Wagner. For surviving enclosures, see n. 5.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:539.

   Christopher Gore and William Pinkney to JM, 15 July 1803.

   Erving was probably referring to his letter to JM of 1 Jan. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:235).

   For the ship Mary and its troubles, see Erving to JM, 21 Oct. 1802, and Robert W. Fox to JM, 31 Jan. and 1 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:41–43, 44 n. 10, 45 nn. 14 and 15, 292, 363).

   Erving enclosed copies of three letters he wrote to Sir Evan Nepean, 25 May, 4 June, and 5 July 1803 (9 pp.). The letters described the cases of James Smith, William Braely, and William Brown, American seamen impressed into the British ship Hound, requested that the Admiralty release the men, and asked the board to define the proper identification that would protect American seamen. In the second letter Erving enclosed a sample of the new certified list of equipage required under a late act of Congress. In the third letter Erving complained of the growing number of outrages on American seamen and his increasing ineffectualness, noting that out of 279 impressments between March and June 1803 protested by him, the Admiralty saw fit to make only 67 discharges.


Title: From James Madison to James Monroe, 29 September 1803
From: Madison, James
To: Monroe, James

Sir,
Department of State Sept. 29th 1803.
I have recieved your several letters down to Augt. 11th.
The considerations on which you declined proceeding to Madrid have all the weight with the president which you allowed to them. It is accordingly his instruction that you remain at London notwithstanding my letter of July 29. until the contrary be signified to you, or until you shall find in a change of circumstances a clear invitation to Madrid on the subject committed to you and Mr. Pinckney.
At the date of the letter just referred to, it was not only presumed that you had proceeded to join Mr. Pinckney but it was not known that Spain was so averse to the cession made by France to the United States or that France considered the moment so unfavorable for the negotiations with Spain which she had promised to befriend. These reasons for delay are strengthened by the evidence which is developing itself, that the most important part of the territory desired from Spain is comprehended in the conveyance to the United States from France a circumstance materially diminishing the urgency of the residuary acquisition from Spain and this acquisition however at a proper time, and on proper terms is of sufficient importance to the United States to be kept steadily in view.
The Spanish government by its minister here has entered an express caveat against the right of France to transfer Louisiana to any other power and the same idea has been signified at Madrid to Mr. Pinckney. It is nevertheless highly improbable that Spain will resist otherwise than by remonstrance the execution of our bargain with France altho’ in the arrangements on foot for this purpose it will be prudent to have regard to the possibility of a more serious opposition from her.
Hoping that by hastening this letter to Baltimore it may reach Mr Purviance before he departs, I limit it to the purpose above explained. With sentiments of Great Respect & Consideration, I remain, Sir, Your Most Obt Sert.
James Madison

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; marked “(Triplicate)”; docketed by Monroe: “From Mr Madison approving my coming to London.” Italicized words are those encoded by a State Department clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:352 n. 1). RC decoded interlinearly by Monroe.

   Miscoded “consi governor ations.”

   Miscoded “very ight.”

   Miscoded “at.”


Title: To James Madison from Daniel Clark, 29 September 1803
From: Clark, Daniel
To: Madison, James

(private)
Sir
New Orleans 29 Septr. 1803
Permit me to offer you some Memorandums which I have committed to Paper as the reflections occurred since the receipt of your Letters respecting the Cession of this Country. An idea that they might contain some information which would be new to you induced me to trouble with them, and I flatter myself that judging only of the motives you will excuse the unconnected manner in which they are presented. I have the Honor to remain with Respect Sir Your most obedient & most humble Servt.
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1).

   Enclosures not identified.


Title: To James Madison from Daniel Clark, 29 September 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 29 September 1803
Herewith I forward you the answer to the Query respecting the Indian Nations in Louisiana, and by consulting the Map already forwarded you, their Position will be easily perceived. I am collecting further information respecting the Nations in the Provinces bordering on & to the West of Louisiana which you will shortly receive. I now take the Liberty of drawing on you in compliance with the Presidents directions for the Sum of $290 expended for the public account as ⅌ Statement inclosed No. 1, and can assure you that it cost me considerably upwards of double the Sum to obtain the various details which I have forwarded, but which as I could not make a specific charge for each article, I have often not charged at all. The Sum of $150 as charged in the account was paid to obtain permission of various possessors of manuscript Surveys to copy them, and to the Clerks in the Offices for permission to consult the Maps in the Archives for the purpose of forming a more correct one than has hitherto appeared, which is now in great forwardness, and when executed will be sent to you. The Sum of $100 was a gratuity to the Clerks of the Customhouse for collecting & classing the articles of importation & exportation for three successive Years, which it is not usual to do here in the form in which I obtained it, and was consequently a work of time & labor, which I should have translated and forwarded you as I did the first, had I not been prevented by Sickness, the 40$ making the remainder of this account were paid to the Clerks of the Public offices for their assistance in taking Copies of the accounts of Expenditures &c &c which I have already forwarded you, and I enter into these explanations as the nature of the case would not admit of asking for receipts to serve as Vouchers for my account which I flatter myself you will approve of, and direct my draft on you for the amount to be duly honored. I have further drawn a separate draft on you for $111 62/10 ⅌ acct No. 2 for supplies furnished to a detachment of the Troops of the U. S. at the request of the Officer who commanded them, and to a Courier for carrying a Packet to General Wilkinson on the Service mentioned in my Letter of the 1st. of June, and should it not be in the regular way to have drawn on you for these Sums I take the Liberty of requesting you will direct the proper Officer to discharge their amount. I now inclose you a sketch of the neighborhood of New Orleans including the major part of the Sugar Plantations & Saw Mills, remarking for your Government, that the first Row of Trees parallell with the River includes all or nearly all the Land now under Cultivation, and from it you will judge of the Portion that remains waste in the Island of Orleans and opposite Bank of the Mississippi; what is called Prairié is a reedy marsh almost impassable by man or Beast in its present State, but which with Care and attention might be turned to account if our Population were greater, or Lands scarcer & dearer than they now are.
I find on enquiry that no Treaties have ever been entered into by Spain with the Indian Nations to the West of the Mississippi, and they look on those concluded with the Creeks, Choctaws &c as abrogated since the Treaty of San Lorenzo with the U. S., which will free us from any trouble with respect to the Stipulations contained in the Sixth article of the late Treaty between us & the French Government. It has not, nor will it be possible to prepare the Indians for the Change about to take place, otherwise than by sending Agents among them who understand their Languages, as they rarely come to Orleans, and the Jealousy of the Spanish Officers who flatter themselves with the hope of retaining the Western Bank of the Mississippi would be an insuperable obstacle & prove too dangerous a measure for those who might be concerned in it, to attempt to put it in Practice at the present moment. Some Presents will be necessary to keep them in Peace and well disposed towards us; and though the Sums destined for this purpose will not indubitably equal those applied by Spain to that Service, yet being more economically expended & more faithfully applied to the use intended will produce a more favorable effect than has ever been experienced by the Government of this Country. I have the Honor to remain with respect Sir Your most obedient & most humble Servant
Daniel Clark

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC docketed by Wagner as received 8 Nov. For surviving enclosure, see n. 1.

   In answer to the administration’s requests for information about Louisiana (see Clark to JM, 8 Sept. 1803 [second letter], and n. 1), Clark enclosed in this letter a description by region of the different Indian tribes, including a few of their distinguishing characteristics and a rough count of their population (7 pp.; docketed by Wagner “An account of the Indian Tribes inhabiting Louisiana”; printed in Carter, Territorial Papers, Orleans, 9:62–66).

   For the map of Louisiana, see Clark to JM, 17 Aug. 1803, and n. 2.

   In his letter of 20 July 1803 JM had requested that Clark inquire into the relationships between Spain and the various Indian nations in the Louisiana Territory. Article 6 of the Treaty for the Cession of Louisiana, 30 Apr. 1803, required the U.S. to “promise to execute Such treaties and articles as may have been agreed between Spain and the tribes and nations of Indians until by mutual consent of the United States and the said tribes or nations other Suitable articles Shall have been agreed upon” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:502).


Title: To James Madison from James Monroe, 29 September 1803
From: Monroe, James
To: Madison, James

No. 15.
Sir,
London Septr. 29. 1803
Since my last nothing material has occurr’d here or in any other quarter that has come to my knowledge in which the United States are interested. On the impressment of our seamen and some other interferences with our commerce, I propose shortly to address a note to the Secretary of State for foreign affairs, to which I have reason to expect that a suitable attention will be paid. I took occasion to communicate on these points with Mr. Merry before his departure, with a view to afford him an opportunity to render us an acceptable service in the commencement of his mission which he very cheerfully availed himself of. The result of his conference with Lord Hawkesbury on the subject which he informed me of, is a strong ground of this expectation. I am happy however to have it in my power to add, that every circumstance which has presented itself to my view or come to my knowledge inspires me with confidence that it is the sincere desire of this Got. to preserve and indeed improve the amicable relations which subsist between the two nations. I flatter myself that the tone and character of the measures & policy of our Got. will carry us in peace & with incalculable advantage to our country, triumphantly through the present war, tranquil spectators of its events. The growing importance of the United States secure them the respect of other powers, and the rigid impartiality of their conduct towards the parties to the war can not fail to command their esteem. The object of this communication is to make known to you the continuance of the friendly disposition of this Got. towards us, as is inferred from its conduct and other circumstances. In future I shall endeavor to go more into detail. I am Sir with respect & esteem yr. obt servt
Jas. Monroe

   RC (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed by Monroe; marked “(Triplicate)”; docketed by Wagner.


Title: To James Madison from John Page, 29 September 1803 (Abstract)
From: Page, John
To: Madison, James

29 September 1803, Richmond. “I am advised by the Council of State to forward to you, for the information of the President of the United States, the inclosed copies of certain letters and papers [not found] forwarded to me by the Recorder of the Borough of Norfolk.”

   Letterbook copy (Vi: Executive Letterbook).


Title: To James Madison from William Webb, 29 September 1803 (Abstract)
From: Webb, William
To: Madison, James

29 September 1803, Collector’s Office, District of Bath, Maine. Has “had it in contemplation for some time” to resign the office of collector of the customs for reasons of health. Is “now determined to resign” and asks JM to inform the president of his request that his replacement be appointed to take office after 31 Dec. 1803.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Webb”). 1 p.

   William Webb (1764–1822) had served as collector since his appointment by Washington in 1789 (Portland Eastern Argus, 7 May 1822; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:10, 13).


Title: From James Madison to Isaac Cox Barnet, 30 September 1803
From: Madison, James
To: Barnet, Isaac Cox

Sir.
Department of State, September 30th. 1803.
If the scope of your communication of the 19th. of June is correctly conceived you retain a predilection for the Commercial Agency at Antwerp; tho’ the uncertainty whether it remained vacant induced you to adhere to the appointment to Havre which you last received. Should this be the true state of your choice, you will be at liberty to retain Antwerp, and on your intimating that determination a Commission will issued [sic] to Mr. Mitchell for Havre; but until your answer is received it will be intirely free to you to give the preference to either. I am &c.
James Madison.

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


Title: From James Madison to Daniel Clark, 30 September 1803
From: Madison, James
To: Clark, Daniel

Sir.
Department of State Septr. 30th. 1803.
I inclose a letter from Mr. Brown one of the Senators for Kentucky, whence it appears that a Mr. John Quarles a Citizen of Kentucky is, and for some months past has been confined in irons at New Orleans, under the orders of the police, as it would seem at the instigation and from the influence of an individual actuated by a private misunderstanding. On account of the respectable standing of the father of the young man Col. T. Quarles of Kentucky, as well as the particular nature of the case; I request you to interpose in the most suitable manner to procure his release & restitution of his property, which is said to be detained in consequence of his arrest. Col. Quarles intending to send a special messenger with this letter, it would be very acceptable to him to hear, if possible, the effect of your interposition, by his return; otherwise you will be pleased to communicate it to him at Lexington Kentucky. I am &c.
James Madison.

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

   Enclosure not found.

   Tunstall Quarles (ca. 1770–1855) was a Virginia-born Kentucky lawyer and politician who commanded a company of the state militia during the War of 1812 and served two terms in the U.S. House of Representatives, 1817–20.


Title: To James Madison from Robert R. Livingston, 30 September 1803
From: Livingston, Robert R.
To: Madison, James

Dear Sir
Paris 30 Sept 1803
I remitted you some time ago a memoire from Col. Devienne who had been in our service—who with a wife & three children is reduced to the utmost distress—since you forbid any advances on the public account I have at different times been compelled to give him about twenty guineas on my private account to keep him from starving, I pray you if Congress are siting when you receive this to take up his Memoire & to do something for him, he is at least entitled to his pay for the time he served. Be pleased to let me know as soon as possible, whether any thing & what will be done for him. I have not been called upon for the guarantee since my last letter to the Minister of the Treasury. We wait impatiently the arrival of the Ratification which we hope does not depend upon the setting of Congress. There is so little intercourse between this & England, that I have seldom heard from Mr. Monroe. Mr. Graham writes me that Mr Pinckney’s demand will be rejected by the Court of Spain. I am Sir with the most respectful consideration Your Most Obt Hube. Sert
Robt R Livingston

   RC and duplicate (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers). RC in a clerk’s hand, signed by Livingston. Duplicate and draft marked “No 85.”

   For the petition of Louis-Pierre, marquis de Vienne, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:368 n. 5.


Title: From James Madison to Albert Gallatin, 30 September 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

30 September 1803, Department of State. In answer to Gallatin’s letter of 19 Sept., encloses a copy of his letter to Erving of 19 Apr. and an extract from Erving’s answer. “Though I am without information of the exact amount of the reimbursements of expences in prize causes, it is reasonable to believe that they have been considerable.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:539.

   George Erving to JM, 6 June 1803.


Title: Memorandum to Thomas Jefferson, [ca. 1 October] 1803
From: Madison, James
To: Jefferson, Thomas

[ca. 1 October 1803]
✓
(0)
for “before” is suggested “without” the former seeming to imply that after the suspension, an assignt. had been made.
✓
(1)
after or for “friendly” insert “proper” omit “without difficulty or delay.” There was perhaps somewhat of both, and it may become expedient to say so to Spain.

(2.)
[“]The enlightened mind of the first Consul of France saw in its true point of view the importance of an arrangement on this subject which might contribute most towards perpetuating the peace & friendship, and promoting the interest of both nations; and the property & sovereignty of all. Louisiana, as it had been ceded to France by Spain, was conveyed to the U. States by instruments bearing date on the 30th. day of April last. These stipulations will be immediately laid before the Senate, and if sanctioned by its concurrence, will, without delay be communicated to the House of Reps. for the exercise of its constitutional functions thereon.”

Such a modification of the paragraph is meant to avoid the implication that the transfer made by France, was covered by the terms “territory adjacent to ours” which describe our proposition. It will also avoid, what the Theory of our constitution does not seem to admit, the influence of deliberations & anticipations of the H. of Reps. on a Treaty depending in the Senate. It is not conceived that the course here suggested can produce much delay, since the tenor of the Treaty being sufficiently known, the mind of the House can be preparing itself for the requisite provisions. Delay would be more likely to arise from the novelty & doubtfulness of a communication of the first instance, of a Treaty negociated by the Executive, to both Houses for their respective deliberations.
✓
(3).
after “assure”—are proposed “in due season, and under prudent arrangements, important aids to our Treasury, as well as,” an ample &c

Quere: if the two or three succeeding ¶s. be not more adapted to the separate & subsequent communication, if adopted as above suggested.
✓
(4).
For the first sentence, may be substituted, “In the territory between the Mississippi & the Ohio, another valuable acquisition has been made by a treaty &c.” As it stands, it does not sufficiently distinguish the nature of the one acquisition from that of the other, and seems to imply that the acquisition from France was wholly on the other side of the Mississippi.
✓

May it not be as well to omit the detail of the stipulated considerations, and particularly, that of the Roman Catholic Pastor. The jealousy of some may see in it a principle, not according with the exemption of Religion from Civil power &c. In the Indian Treaty it will be less noticed than in a Presidents Speech.

“Tho’ not so indispensable since the acquisition of the other bank” conveys an idea that an immediate settlement of the other bank is in view, & may thence strengthen objections in certain quarters, to the Treaty with France.
✓

With a tacit allusion to profit, “is yet well” may be struck out and “may be the more worthy” inserted.

The last sentence in this ¶. may be omitted, if the reason applied to a former one be thought good.

(5).
“must also be expected” better perhaps “are also to be apprehended” for “both”—“all” or “the” belligerent &c. Holland already makes more than two

After “cover of our flag” substitute for “vessels” not entitled to it, “infecting thereby with suspicion the property of the real American & committing us (to the risk of war) to redress wrongs not our
✓

own”; instead of to expect “from every nation,” which does not follow well the antecedent “endeavor” may be inserted “to exact”—“to draw.” This member of the sentence may indeed be dispensed with, being comprehended in the ensuing member viz. “maintain the character of an independent one &c.”

“Maintain” being repeated several times within a small compass—“pursue this course,” may be preferable.

(6)
For this conclusion, is offered for consideration, the following “for the possibility of failure in these reasonable expectations, it will rest with the wisdom [of] Congress to consider how far and in what form, provision may properly be made, for suspensions of intercourse where it can not be maintained on principles of justice &
✓

self respect,” or “and therewith prevented, the necessity of remedial provisions on the part of the U. States”

(7).
for “unconcerned in”—”and from.”

   Ms (DLC: Jefferson Papers). Undated; conjectural date assigned here on the basis of Jefferson’s docket: “Department of State. recd. Oct. 1. Message of Oct. 1803.”

   The draft of Jefferson’s message in response to which JM made these suggestions has not been found. For the final version of the message Jefferson sent to Congress on 17 Oct. 1803, see Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:266–75.

   JM referred here to Jefferson’s paragraph dealing with Spain’s suspension of the American deposit at the port of New Orleans. The final version reads: “They [Congress] were sensible that the continuance of that privation would be more injurious to our nation than any consequences which could flow from any mode of redress, but reposing just confidence in the good faith of the government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposit was restored” (ibid., 8:267–68).

   The word “instruments” is written above the line here.

   JM’s suggested changes here refer to that part of the message dealing with the administration’s quest to acquire New Orleans and its subsequent purchase of Louisiana. The final version reads: “The enlightened government of France saw, with just discernment, the importance to both nations of such liberal arrangements as might best and permanently promote the peace, friendship, and interests of both; and the property and sovereignty of all Louisiana, which had been restored to them, have on certain conditions been transferred to the United States by instruments bearing date the 30th of April last. When these shall have received the constitutional sanction of the senate, they will without delay be communicated to the representatives also, for the exercise of their functions, as to those conditions which are within the powers vested by the constitution in Congress” (ibid., 8:268–69).

   JM referred here to Jefferson’s paragraph exploring the effect on the U.S. of the purchase of Louisiana. The final version reads: “While the property and sovereignty of the Mississippi and its waters secure an independent outlet for the produce of the western States, and an uncontrolled navigation through their whole course, free from collision with other powers and the dangers to our peace from that source, the fertility of the country, its climate and extent, promise in due season important aids to our treasury, an ample provision for our posterity, and a wide-spread field for the blessings of freedom and equal laws” (ibid., 8:269).

   JM suggested this change for the paragraph dealing with the treaty negotiated between the U.S. and the Kaskaskia Indians. The final version reads: “Another important acquisition of territory has also been made since the last session of Congress” (ibid., 8:269).

   JM referred here to one of the stipulations agreed to by the U.S. in its treaty with the Kaskaskia Indians, signed 13 Aug. 1803, to which Jefferson had apparently alluded in his draft. Article 3 of that treaty included a provision requiring the U.S. to “give, annually, for seven years, one hundred dollars towards the support of a priest of that religion [Catholicism], who will engage to perform for the said tribe the duties of his office, and also to instruct as many of their children as possible in the rudiments of literature” (Treaties between the United States of America, and the Several Indian Tribes, from 1778 to 1837 … [1837; Millwood, N.Y., 1975 reprint], p. 101). Jefferson deleted all reference to the Catholic clergy. The final version reads: “The considerations stipulated are, that we shall extend to them [the Kaskaskia Indians] our patronage and protection, and give them certain annual aids in money, in implements of agriculture, and other articles of their choice” (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:269).

   JM referred here to Jefferson’s paragraph describing the land acquired from the Kaskaskias. The final version reads: “This country, among the most fertile within our limits, extending along the Mississippi from the mouth of the Illinois to and up the Ohio, though not so necessary as a barrier since the acquisition of the other bank, may yet be well worthy of being laid open to immediate settlement, as its inhabitants may descend with rapidity in support of the lower country should future circumstances expose that to foreign enterprise” (ibid., 8:269–70).

   The phrase “(into controversies)” is written above the line here.

   JM referred here to Jefferson’s comments on the neutral course the nation must pursue, especially in its commercial ventures, in the face of renewed war between Great Britain and France. The final version reads: “to punish severely those persons, citizen or alien, who shall usurp the cover of our flag for vessels not entitled to it, infecting thereby with suspicion those of real Americans, and committing us into controversies for the redress of wrongs not our own” (ibid., 8:272).

   For JM’s reference here, see n. 10 above. The final version reads: “to exact from every nation the observance, toward our vessels and citizens, of those principles and practices which all civilized people acknowledge; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to insult and habitual wrong” (ibid., 8:272–73).

   For JM’s reference here, see n. 10 above. The final version reads: “Congress will consider whether the existing laws enable us efficaciously to maintain this course with our citizens in all places, and with others while within the limits of our jurisdiction, and will give them the new modifications necessary for these objects. Some contraventions of right have already taken place, both within our jurisdictional limits and on the high seas. The friendly disposition of the governments from whose agents they have proceeded, as well as their wisdom and regard for justice, leave us in reasonable expectation that they will be rectified and prevented in future; and that no act will be countenanced by them which threatens to disturb our friendly intercourse” (ibid., 8:273).


Title: To James Madison from William Cooke, 1 October 1803 (Abstract)
From: Cooke, William
To: Madison, James

1 October 1803, Charleston. Encloses a copy of his letter addressed from London. Arrived in Charleston “Two days ago”: “I deem it incumbent on me to inform you, that in case any further efforts of mine may be necessary I may immediately afford them.” “I implore you … to inform me … if there is any grounds, on which I may rest a Hope of recompense for my ruinous losses.” Asks JM to write in care of Benjamin Cudworth.

   Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, 62B). 1 p.

   Enclosure not found, but no doubt it was a copy of Cooke to JM, 12 July 1803.


Title: To James Madison from Albert Gallatin, 1 October 1803 (Abstract)
From: Gallatin, Albert
To: Madison, James

1 October 1803, Treasury Department. “I have the honor to transmit herewith, for your consideration, a paper containing sundry charges exhibited by George Breining, against Henry Voight, Chief Coiner in the Mint of the United States.”

   RC and enclosure (DNA: RG 59, ML). RC 1 p.; in a clerk’s hand, signed by Gallatin; docketed by Wagner as received 5 Oct. For enclosure, see n. 1.

   Gallatin enclosed a note from George Breining, 17 Sept. 1803 (1 p.), accusing the chief coiner of the U.S. Mint, Henry Voight, of employing for $500 a year “an unnessicary hand” who “done Privat work for the Chief Coiner and was paid by the Public.” Breining also accused Voight of using “Steel Iron and Coals the Property of the United States for his own Use in Carrien on the Clock and Watch making busines.”


Title: To James Madison from John J. Murray, 1 October 1803 (Abstract)
From: Murray, John J.
To: Madison, James

1 October 1803, Glasgow. Solicits the office of “Agent at London for American Seamen,” since he notices that no successor to Lenox has yet been appointed. Believes he would be “more extensively useful to the United States at London than at Glasgow”; desires the change “Secondly because the Climate of the west of Scotland (where I reside) is so moist & otherwise disagreeable that the health of my family has been much interrupted thereby.” Notes that he served in the South Carolina legislature for a number of years and that “several persons of distinction” in that state “would chearfully recommend” him, including Dr. Blyth and Benjamin Huger of Georgetown and Governor Richardson. Mentions also that while residing in New York State, he was “appointed one of the Judges of Richmond County &, a few months immediately preceeding” his departure for Europe, “Chief Judge of the same.” These facts are known to DeWitt Clinton and Governor Clinton. But should it “not be thought necessary or proper by the President to appoint me Agent at London for American Seamen … I will consider it my duty to remain in my present situation & to do all that I can for the benefit of my Country.”

   RC (DNA: RG 59, CD, Glasgow, vol. 1). 4 pp.; docketed by Wagner as received 29 Nov.

   Joseph Blyth (d. 1818), a physician, planter, and Revolutionary War veteran, served eight terms in the South Carolina House of Representatives, 1794–97 and 1802–15, and two terms in the state Senate, 1798–1801, and was a presidential elector in 1800 and 1804 (Bailey et al., Biographical Directory of the South Carolina Senate, 1:153).

   James Burchell Richardson (1770–1836) was a planter and politician who held a seat in the South Carolina House of Representatives, 1792–1802 and 1804–5, and in the state Senate, 1806–13, and also served one term as governor, 1802–4 (ibid., 2:1361–62).

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


Title: To James Madison from Elias Vander Horst, 1 October 1803 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

1 October 1803, Bristol. Encloses a copy of his last letter, dated 12 Sept., since which he has received nothing from JM. Encloses also “an Acct. of the charges made for lights, Quarantine &cc. at this & the other Ports” in his district “on British & on foreign Vessels entering them,” as JM desired. Encloses also some newspapers and the latest London price current, to which he refers JM “for what is now passing in these parts of a Public nature.” Has failed “to procure an Acct. of the number of American Seamen admitted into the Infirmary of this City.” “The Managers of it assure me, they find it impracticable to discriminate, so as to ascertain with any degree of certainty (from the great number of Patients almost daily recd.) what number of them are Americans, for as the Charity is universal, no mention, in general, is made of the nation to which the Patient recommended belongs.” Is convinced, however, “that the amt. of our subscription is very inadequate to the expense incurred on Acct. of our Seamen.”

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

   For the American subscription to the Bristol infirmary, see JM to Vander Horst, 28 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:281 and n. 1).

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


Title: To James Madison from Joseph Welscher, 1 October 1803 (Abstract)
From: Welscher, Joseph
To: Madison, James

1 October 1803, Savannah. Resigns his appointment as commissioner of bankruptcy. Regrets this decision, as he is “Firmly attached to the present Administration from principle,” but “By the Constitution of this State, I cannot hold that Appointment and a seat in the Legislature, and weighty Political reasons induce me to prefer a seat in the Legislature.”

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

   Joseph Welscher was a leader of Savannah’s Republicans and an ardent supporter of James Jackson (George R. Lamplugh, Politics on the Periphery: Factions and Parties in Georgia, 1783–1806 [Newark, Del., 1986], pp. 151–52).


Title: To James Madison from John Martin Baker, 3 October 1803 (Abstract)
From: Baker, John Martin
To: Madison, James

3 October 1803, Palma. Announces his “safe arrival at Palma” on 19 Sept. and his favorable reception by the commander in chief and the heads of departments. Plans “in a few days” to visit Minorca and “Yvica” [Ibiza] and to “appoint the necessary Vice: Consuls.” Will “transmit the list of American Vessels, arrived and Sailed from these Islands, up to end of June last” in his next. Has nothing interesting of a “Political, or Commercial” nature to communicate.

   RC (DNA: RG 59, CD, Port Mahon, vol. 1). 2 pp.; docketed by Wagner.

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


Title: To James Madison from Richard O’Brien, 3 October 1803 (Abstract)
From: O’Brien, Richard
To: Madison, James

3 October 1803, Algiers. Wrote six circular letters to Spain announcing the arrival on 2 Aug. of two Tripolitan galliots of “4 Guns Each 3 lattine Sails 13 benches of Oars, and from 50 to 60 men Each.” The next day the two ships sailed for the Spanish coast in search of Americans. On 10 Aug. a Tripolitan corsair “arrived … from Carthagena had been out 37 days and took nothing.” It sailed on 13 Aug. to the northeast.
On 13 Aug. the dey of Algiers demanded “The B[i]ennial or 2 years present.” O’Brien explained that the present was not due for twenty-two more days and that it would probably arrive with the new consul or “The Vessel with Stores.” “The dey said Said Vessel had been A long time Comeing—and Said loudly & I have had patience. I ansd. the dey That he might be Convinced That The Stores would be Sent … and not haveing anything prepared, I hoped the dey would give me time to Collect The requisite. The dey ansd.… we Shall See.” The dey’s demand is due to his administration’s “impatience to get The present.” Will “advance the Same—10 or 15 days before it becomes due not Thinking it prudent for Sundry Considerations to Contend with The dey.” On 21 Aug. “I called on Mr. Bocris and Busnachs to know if They would Supply me with The articles for The 2 years present on The same terms as They had done 2 years past to This They answered that it was now war time Cloth was Very dear & The other articles difficult to be got at. That The dey and ministry would be difficult to be Contented after receiving in february last Such great and valuable presents from Spain. That I well knew They were lying out of their Money due them from The UStates for nearly 2 years—that I had most every Six Months Since assured them it would be paid.” They demanded that the debt be paid. O’Brien replied that the new consul shortly expected would no doubt pay the debt, that the most the U.S. would spend for the biennial present was $16,000, and that the Americans, Swedes, Danes, and Dutch “did not give by ½ or ⅓d. as Valuable presents as Spain”: “That if They would not Supply me that I should be obliged to do The best I Could.” On 23 Aug. they agreed to furnish the present for the usual price of $16,000 on condition that O’Brien advance them that sum. Agreed to let them have $10,000 in gold and $3,000 in silver and promised that when the new consul arrived “the money would be Sent to defray those expences or disburstments and to pay them all debts due on the part” of the U.S. They agreed. On 26 Aug. began giving the present to the dey; finished three days later. The U.S. remains $3,000 in debt to Baccri and Busnach.
On 28 Aug. the Portuguese ambassador arrived to negotiate peace and the release of 375 captives. He offered $1 million to the dey. The dey countered by demanding $6 million, “but his ultimatum was 2 Millions.” “The Ambasador had no Such powers and therefore left Algiers.” He had “orders to offer to give The dey The 114 Algerines in Possesion of The Portugeese—the Ambasador had no nation his friend here on the business of Peace, but had his mission been only to ransom the Captives—he would have all the Aid of humanity.”
On 11 Sept. the dey demanded that O’Brien write and procure the release of five or six of his subjects who were passengers on a Tripolitan ship captured by a U.S. frigate. O’Brien responded that Tripoli was at war with the U.S. and that the captured ship was an armed Tripolitan corsair taken by an American frigate adjacent to Tripoli. Believed that these subjects of Algiers were not passengers but crew members on a ship “destined to a port of Blockade.” Agreed to write but requested the persons’ “names & other Particulars.” “The dey Stampt & Swore Sayes he have I got a list of all my numerious Subjects what do I Know or Care about The word blockade is There Such a thing Known in This Country … I Know The Consul Cannot get Them but he Can write As I desire and bring me The 5—or 6. or The ansr. of his Govt.”
On 12 Sept. the U.S. ship Betsy Walk, Capt. Miles Reddick, from Norfolk out seventy days arrived with a load of timber and JM’s letter of 31 May 1803. The cargo consisted of “8 Oak water wayes / 10 Pieces Stern post & Clamps / 10 oak breast hooks / ⟨?⟩ Cut water / 100 floor timbers, Strait timber / 20 Hawze timbers / 85 Pine beams / 166 4 inch Oak Plank / 7—Six inch Oak Plank / 131—two inch Pine Plank / 120 Casks of Spikes / 40 barrels of lamb [lamp?] black / 4 logs & 10 boards of Mahogany / one trunk of dry goods / One box Containing 3 Telescopes / One tierce of Sugar / One hhd. Pepper / Three barrels of Coffee / five Cages for redbirds / 3 Squirrels & Cages / Six Boxes & one hhd. of China.” “I had prepeared The requisite Persons to prevent The deys great Squalls on account of Bringing no Powder Cordage or Canvass. The Spikes were damaged by Salt water The floor timbers were Strait, and only Calculated for Gun Carriages—They Should have been Crooked timber and The Note attended to—The wood in General was The best Cargo of timber They ever recd. from The UStates.” Also on board as a private account were “Twenty one barrels of tar / 40 barrels of Pitch / 76 dozen of Handspikes / 23 Thsd. two hundred & Thirty hhd Staves.” This cargo was landed between 13 and 30 Sept. 1803. The freight charge amounted to £2,044. “The Cargo as pr. invoice Cost in the U States … 10898 dollars—The articles taken to aid The annuities Cost at Norfolk 1126$—which Sums—together makes—The amt. of The Cargo to be 12024$—The articles to grease The wayes prevent Squalls on acct of no Powder Cordage or Cables Sent is 1712$ which deducted—leaves a Cargo The Cost in The U States to Ansr. on The Annuities to The Amt of—10312$.”
On 15 Sept. gave the following articles as presents to the dey: “2 Pieces of india dimity / 4 Pieces of india muslin / 12 Pieces of nankeens / 3 Pieces of Linnen / 1 Whole Sett of China dinner Service / 2 Setts of tea & Coffee Cups &c. / 46 China bowls / 12 loaves of Sugar / 1 Quintal of Coffee / 1 Quintal of Pepper / 2 Squirrels & Cages—no redbirds.” “As I approached The Dey in his Private apartment with This regalia he Seemed Smileingly Content.” The dey asked whether there was a letter for him from the president in answer to his. “I told him The Cargo was The best I had ever seen in any Country. That The new Consul of a good Character, Selected as one of The best of our Citizens, might be Shortly expected with him The Ansr. to his letter.” The dey answered: “I wanted a Consul with a Clean face—and you tell me he is Comeing So far we are friends.” The dey also asked about the mahogany boards and other items he had requested. O’Brien told him that the U.S. had procured the timber as it was “The oldest Commision” and should be attended to first. “That as to powder we had no manufactories thereof. That our System being in General peaceable—what at times we wanted we imported.” The dey said: “So far All is well.” Afterward visited the prime minister, who said: “I am Glad to find that he was Calm on the Powder, Sayes he we are your friends others would not have been excused or Come of as you have done.”
On 19 Sept. nine armed Algerine corsairs sailed. Three others remained in port. A frigate of forty-eight guns will be launched at the end of 1804. They have also forty-six or forty-eight gunboats, some with mortars, and two merchant galleys and four galliots at Bona and Oran.
Declares consular expenses from 26 Jan. 1802 to 1 July 1803 in the amount of $2,444.75. “To defray these expences and for to Sustain my family I have been obliged to make use of 4 Thousd. dollars … deposited with me by Captain Barron.” Lists $280 “advanced by The Bacris as a prest. to The Hogia de Cavalas on his marriage in October or november 1802”; $500 “to The dey in March on The birth of A son”; $15,073.75 “due to Bacris as pr. Acct” of 26 Nov. 1801; and $3,000 “due to Bacris on The two years present 1803.” This will give JM “an idea of our present money debts, and Cash at Algiers.”
“I shall be obliged to remain untill The Spring on acct. of Waiting an increase to my family.” Will wait until the second timber ship arrives and the cargo is landed before settling accounts or annuities with Algiers. “Further The Circumstance Might be Very requisite for Consul Lears information & instruction—and There will be I presume with him a Sum of Cash in order Should there be an Oppertunity to Make partly a Cash paymt. extra funds—will be wanting on the Occasion.” Has obtained the dey’s passport for the Betsy Walk “for one year to afford Said Ship protection against The Corsairs of The States of barbary—Said Ship had no American Meditteranian Pass. this Should be Strictly Attended to in future for all our Vessels.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 5 pp.; docketed by Wagner: “Memoranda of Richard OBrien from 2 Augt. to 3rd. Octr. 1803.”

   For O’Brien’s circular, see John Gavino to JM, 13 Aug. 1803, and n. 2.

   The RC to this point is written above a 21 Sept. 1803 dateline.

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


Title: From James Madison to Carlos Martínez de Yrujo, 4 October 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir. Department of State October 4th. 1803
I have duly received your two letters of the 4th. & 27th. Ult. and have laid them before the President.
The repugnance manifested in these communications on the part of his Catholic Majesty to the cession of Louisiana lately made by the French Republic to the United States, was as little expected, as the objections to the transaction can avail against its solidity. The United States have given unquestionable proofs to the Spanish Government and Nation of their justice, their friendship, and their desire to maintain the best neighbourhood; and the President confides too much in the reciprocity of these sentiments so repeatedly and so recently declared on the part of his Catholic Majesty to have supposed that he would see with dissatisfaction a convenient acquisition to the United States of territories which were no longer to remain with Spain.
With respect to the transaction itself by which the United States have acquired Louisiana, it would be superfluous to say more in justification of its perfect validity, than to refer to the Official communication made by Mr. Cevallos to the Minister Plenipotentiary of the United States at Madrid, in a note dated the 4th. of May last. His words are “Por la retrocession hecha a la Francia de la Louisiana recrobro’ esta potencia d’ha provincia con los limites con que la tubo, y salvos los derechos adquiridos por otras potencias La de los Estados Unidos prodra diriger se al Gobierno Frances para negocier la adquisition de territorios que convengon a sus interis.” Here is an explicit and positive recognition of the right of the United States and France to enter into the transaction which has taken place.
To these observations which I have been charged by the President to make to you, I have only to add Sir, that his high respect for his Catholic Majesty, and his desire to cherish and strengthen to [sic] the friendly sentiments happily subsisting between the two Nations will induce him to cause such representations to be made through the Minister Plenipotentiary of the United States at Madrid as cannot fail to reconcile his Catholic Majesty to an event so essentially connected with the respect which the United States owe to their character and their interest. Be pleased Sir, to accept assurances of the high respect & consideration with which I have the honor to be your most obedt. Servt.
James Madison

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr, two copies (NHi: Livingston Papers); FC (DNA: RG 59, Notes to Foreign Ministers and Consuls, vol. 1).

   “By the retrocession made to France of Louisiana this power regains the said province with the limits it had and saving the rights acquired by other powers. The United States can address themselves to the French government to negotiate the acquisition of territories which may suit their interest” (editors’ translation). For Cevallos’s 4 May 1803 letter to Pinckney, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:572 n. 2.


Title: To James Madison from Daniel Clark, 4 October 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 4th October 1803
The day after the date of my last a circumstance occurred here which has put an end to all communication betwixt the Government and the French Prefect and which if any thing further was wanted would point out the daring insolence of his Conduct and the necessity of putting a stop to it. A French national Cutter the Terreur from St Domingo by which he had received dispatches from Rochambeau was lying to appearance ready for Sea with sails bent, when without the consent or knowledge of the Government he availed himself of the obscurity of the night and sent the officers and a Party of men on shore, who from thence proceeded on board a number of ships in the Harbour and pressed all the French Seamen they could find whom they carried on board their vessel and proceeded on their voyage in the morning. This act of authority was felt, but pusilanimously submitted to by the Governor Salcedo who suffered the men so pressed to be carried off and an official correspondence took place which has at last ended by a laconic Letter to the Prefect in which he was informed that no further communication would be held with him. I am sorry to perceive by the public papers that he is named to succeed Bernadotte as Embassador to the U. S. you will find him violent, meddling, & troublesome, his discourse teeming with the terms Honor & Humanity while his actions are at direct variance with them and always tending to usurp an authority to which he can have no just pretentions. The kindness, the attentions and excess of complaisance which have been manifested towards him have had no other effect than that of encouraging him to insult the constituted authorities repeatedly in the grossest manner and he has now drawn a severe punishment on his own head by having his Conduct and measures exposed to public censure. It were to be wished that the mortification he now experiences may prove a Lesson and serve as a warning to prevent his committing similar Errors on a more conspicous [sic] theatre. I have thought it necessary to give you this information that you may on his arrival know the real Character of a Man who has on all occasions shewn himself the implacable Enemy of the Americans and of the American Government. I have the Honor to remain very respectfully Sir Your most obedt Servant
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). In a clerk’s hand, except for Clark’s complimentary close and signature; docketed by Wagner as received 8 Nov.

   Clark to JM, 29 Sept. 1803 (two letters).

   On 2 Oct. Laussat wrote Salcedo, complaining of the latter’s lack of cooperation and requesting that he apprehend some French sailors who had deserted from the Terreur. Salcedo replied on the same day that any further communication would be restricted to “matters relating to the commission [for the retrocession of Louisiana]” (Kukla, Guide to the Laussat PapersJon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat, Napoleon’s Prefect for the Colony of Louisiana, and of General Claude Perrin Victor at the Historic New Orleans Collection (New Orleans, 1993)., pp. 78–79).

   For the rumor of Laussat’s appointment as French minister to the U.S., see the National Intelligencer, 17 Aug. 1803.


Title: To James Madison from Tench Coxe, 4 October 1803
From: Coxe, Tench
To: Madison, James

Sir
Purveyors office Phila. Oct. 4. 1803
In the letter I had the Honor to address to you on the subject of the packages of books and stationary sent to Pittsburg, I mentioned one for the Indiana Territory, which does not appear there, and which Mr. Hooke does not remember to have forwarded to that Government. He desires to know whether his rect., given to his Predecessor Mr. Brownson, for the packages in Store, when he was appointed, contains any package or packages for the Governor of Indiana. It is supposed that receipt is filed in your department with Mr. Whelen’s accounts. A copy of it sent hither will greatly oblige Mr. Hooke, and will enable me to judge whether there is any probability that a package of the laws has been sent by him in some wrong direction. The great importance of the promulgation of the Laws will occasion you to excuse the trouble I take the liberty to give you on this subject.
As soon as Philada. shall be sufficiently free from the Yellow fever, I shall execute your instructions about the articles returned from Algiers. From the quantity of the drugs they will be necessarily bought to export. They are said to be far beyond the Consumption of this country.
Some time ago I deemed it necessary to inform Genl. Dearborn that a vessel with some military stores had been violated by the impressment of David Gitchell, a native of Cecil County in Maryland, presuming that he would give to you or the Government at large such Notice of the fact as was proper. It is necessary that you should know that the distress of Mrs. Gitchell and her Mother and their application to me induced me to offer to Mr. Bond, the British Consul here, a deposition of two Cousin’s of Mr. Gitchell proving his birth in Maryland & their knowledge of him from their infancies. I promised to Mr. Bond that it was a mere act of humanity, as a private person, at the request of two distressed women—and I particularly remarked that I did not mean to enter into any public considerations on the Subject, to which I had not the least official relation. It is stated in our gazettes that Mr. Gitchell is released. As you may have occasion to notice the subject of impressments to our Government and that of Great Britain, it is proper that you should know what occurd in this case. I have not seen Mr. Bond since the release, nor Mr. Gitchell. I have the honor to be, Sir, your very respectfl. Servant
Tench Coxe

   RC (DNA: RG 59, ML). Docketed by Wagner: “To be answd.”

   Letter not found, but see JM to Coxe, 29 Sept. 1803.

   See JM to Coxe, 29 Sept. 1803.


Title: To James Madison from Anthony Terry, 5 October 1803 (Abstract)
From: Terry, Anthony
To: Madison, James

5 October 1803, Cádiz. Transmits a copy of a letter “received this day” from Gavino. Its contents are as follows: “Gibraltar 3d. October 1803: I refer to mine of the 29th ulto. Since when have laid before Commodore Preble & Rodgers the Memorial from the Commanders of Merchant Vessels in your Port respecting Convoy. I am told in consequence it is expected in 5 or 6. days a Brig of War, or a Frigate will call off your Port for them. I thank you for yours of the above date with Copy of one from Consul Jarvis a Similar one I had received. I am happy to tell you the acct. communicated by Capt. Appleton is without foundation, no American Captures having taking [sic] place.” There is no new political news. Adds in a postscript that government notes are at 44½ percent.

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 1 p.; docketed by Wagner.

   For the memorial, see Terry to JM, 26 Sept. 1803, and n. 2.

   For Appleton’s report, see Terry to JM, 26 Sept. 1803.

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


Title: From James Madison to Robert R. Livingston, 6 October 1803
From: Madison, James
To: Livingston, Robert R.

Sir,
Department of State October 6. 1803
My last was of July 29th. written a few days before my departure for Virginia, whence I returned as did the President ten or twelve days ago. Your letters received since that date are of May 20. June 3. & 25. July 11. 12 & 30th.

In the reply to the communication made by the French Government on the subject of the war, you are charged by the President to express the deep regret felt by the United States at an event so afflicting to humanity. Deploring all the calamities with which it is pregnant, they devoutly wish that the benevolent considerations which pleaded in vain for a continuance of peace may have their due effect in speedily restoring its blessings. Until this happy change shall take place the French Government may be assured that the U States will forget none of the obligations which the laws of neutrality impose on them. Faithful to their character they will pay to every belligerent right the respect which is due to it; but this duty will be performed in the confidence that the rights of the U States will be equally respected. The French Government will do justice to the frankness of this declaration, which is rendered the more proper by the irregularities of which too many examples have been heretofore experienced. The President does not permit himself to doubt that the French Government, consulting equally its own honor and the true interest of France will guard by effectual regulations against every abuse under colour of its authority whether on the high seas, or within French or foreign jurisdiction which might disturb the commerce or endanger the friendly relations so happily subsisting and which the United States are so much disposed to cherish, between the two nations.
Your interposition against the arrette of 1st Messidor An 11 was due to the just interests of your fellow citizens. It is to be hoped that the strong views which you have presented of the subject, will lead the French Government to retract or remodify a measure not less unjust to foreigners than injurious to the interests of France. Regulations which by their suddenness ensnare those who could not possibly know them, and who meant to observe those naturally supposed to be in force, are to all intents retrospective, having the same effect, and violating the same principle, as laws enacted subsequent to the cases to which they are applied. The necessity of leaving between the date and the operation of commercial regulations an interval sufficient to prevent surprize on distant adventurers, is in general too little regarded, and so far there may be room for common complaint. But when great and sudden changes are made, and above all, when legal forfeitures as well as mercantile losses are sustained, redress may fairly be claimed by the innocent sufferers. Admitting the public safety, which rarely happens to require regulations of this sort, and the right of every government to judge for itself of the occasions, it is still more reasonable that the losses should be repaired than that they should fall on the individuals innocently ensnared.
Your suggestion as to commercial arrangements of a general nature with France at the present juncture has received the attention of the President; but he has not decided that any instructions should be given you, to institute negotiations for that purpose; especially as it is not known on what particular points sufficiently advantageous to the United States the French Government would be likely to enter into stipulations. Some obscurity still hangs on the extra-duty exacted by the Batavian Government. The state of our information leaves it doubtful, whether the interest of the United States would be promoted by the change authorized by our Treaty with that republic.
Mr. Pinckney will doubtless have communicated to you his conversation with Mr. Cevallos, in which the latter denied the right of France to alienate Louisiana to the United States; alledging a secret stipulation by France not to alienate. Two notes on the same subject have lately been presented here by the Marquis D’Yrujo. In the first dated Sept. 4 he enters a Caveat against the Right of France to alienate Louisiana, founding it on a declaration of the French ambassador at Madrid in July 1802, that France would never part with that Territory, and affirming that on no other condition Spain would have ceded it to France. In the second note dated Sept. 27 it is urged as an additional objection to the Treaty between the United States and France, that the French Government had never completed the title of France, having failed to procure the stipulated recognition of the King of Etruria from Russia and Great Britain, which was a condition on which Spain agreed to cede the Country to France. Copies of these notes of the Spanish Minister here, with my answer, as also extracts from Mr. Pinckneys letter to me and from a note of the Spanish Minister at Madrid to him, are also inclosed.
From this proceeding on the part of Spain, as well as by accounts from Paris, it is not doubted, that whatever her views may be in opposing our acquisition of Louisiana, she is soliciting the concurrence of the French Government. The interest alone which France manifestly has in giving effect to her engagement with the U States, seems to forbid apprehensions that she will listen to any entreaties or temptations which Spain may employ. As to Spain it can hardly be conceived that she will, unsupported by France, persist in her remonstrances, much less that she will resist the Cession to the United States by force.
The objections to the Cession advanced by Spain are in fact too futile to weigh either with others or with herself. The promise made by the French ambassador, that no alienation should be made, formed no part of the Treaty of retrocession to France and if it had, could have no effect on the purchase by the United States, which was made in good faith without notice from Spain of any such condition, and even with sufficient evidence that no such condition existed. The objection drawn from the failure of the French Government to procure from other powers an acknowledgment of the King of Etruria is equally groundless. This stipulation was never communicated either to the public, or to the United States, and could therefore be no bar to the contract made by them. It might be added, that as the acknowledgment stipulated was according to the words of the Articles to precede possession by the King of Etruria, the overt possession by him was notice to the world that the conditions on which it depended had either been fulfilled or been waved. Finally, no particular powers, whose acknowledgment was to be procured, are named in the Article; and the existence of war between Great Britain and France at the time of the stipulation, is a proof that the British acknowledgment, the want of which is now alledged as a breach of the treaty, could never have been in its contemplation.
But the conduct of the Spanish Government both towards the United States and France, is a complete answer to every possible objection to the Treaty between them. That Government well knew the wish of the United States to acquire certain territories which it had ceded to France, and that they were in negotiation with France on the subject; yet the slightest hint was never given that France had no right to alienate, or even that an alienation to the United States would be disagreeable to Spain. On the contrary the Minister of his Catholic Majesty in an official Note bearing date May 4th. last gave information to the Minister of the U States at Madrid that the “entire province of Louisiana with the limits it had when held by France, was retroceded to that power and that the U States might address themselves to the French Government in order to negotiate the acquisition of the Territories which would suit their interest.” Here is at once a formal and irrevocable recognition of the right as well of France to convey as of the U States to receive the territory, which is the subject of the Treaty between them. More than this cannot be required to silence forever the cavils of Spain at the title of France now vested in the U States; yet for more than this, she may be referred to her own measures at New Orleans preparatory to the delivery of possession to France; to the promulgation under Spanish authority at that place, that Louisiana was retroceded and to be delivered to France; and to the orders signed by his Catholic Majesty’s own hand, now ready to be presented to the Government of Louisiana for the delivery of the province to the person duly authorized by France to receive it.
In a word, the Spanish Government has interposed two objections only to the title conveyed to the U States by France. It is said first, that the title in the U States is not good, because France was bound not to alienate. To this it is answered that the Spanish Government itself referred the U States to France as the power capable and the only power capable of conveying the territory in question. It is said next that the title in France herself was not good. To this, if the same answer were less decisive the orders of the King of Spain for putting France into possession, are an answer which admits of no reply.
The President has thought proper that this view of the case should be transmitted to you, not doubting that you will make the proper use of it with the French Government, nor that that Government will feel the full force of its stipulated obligation to remove whatever difficulties Spain may interpose towards embarrassing a transaction, the complete fulfilment of which is as essential to the honor of France as it is important to the interests of both Nations. ⟨In the mean time we shall proceed in the arrangements for taking possession of the Country ceded, as soon as possession shall be authorized; and it may be presumed that the provisions depending on Congress, will be sufficient to meet the discontents of Spain in whatever form they may assume.⟩
The U States have obtained by just and honorable means a clear title to a territory too valuable in itself and too important to their tranquility and security not to be effectually maintained and they count on every positive concurrence on the part of the French Government which the occasion may demand from their Friendship and their good faith.
The rightful limits of Louisiana are under investigation. It seems undeniable from the present state of the evidence that it extends Eastwardly as far at least as the River Perdigo and there is little doubt that we shall make good both a western and northern extent highly satisfactory to us.
The considerations which led Mr Monroe to decline his trip to Madrid, having the same weight with the President, the Mission is suspended until other instructions shall be given, or until circumstances shall strongly invite negotiations at Madrid for completing the acquisition desired by the U. States.
The American Citizens detained at Jacmel, have been restored to their liberty and returned to the UStates, as you will find by a letter from one of them, of which a copy is inclosed.
Permit me to request your particular attention to the inclosed communication from the Secretary of the Treasury respecting a balance due from Mr Joseph Miller to the UStates. Should there be danger of his assigning the award, so as to require the Bills to be issued by you in the name of another person, it will deserve your consideration how far it is practicable to have recourse to the authorities competent to give the award, that they may modify the terms of it in such manner as to secure the public claim. If no such danger exists and Mr Miller is yet unwilling to enter into a proper arrangement it seems best that the set off claimed by the US. should be endorsed by you upon the Bills previously to their delivery in order to prevent a transfer without notice. With high consideration & respect I remain Sir, your most Obt Sert
James Madison
P S. Oct 14 Since the above was written I have received a third note from the Marquis D’Yrujo in reply to my answer to his two preceeding. A copy of it is herewith inclosed. It requires no comment beyond what may be applicable in the above observations on his two first notes; being probably intended for little more than a proof of fidelity to his trust, and of a zeal recommending him to the favor of his Sovereign.
Be pleased to cause the Books referred to in the inclosed slip from the Moniteur of the 29th. July last to be purchased and transmitted to this office. They may doubtless be had at Paris or Amsterdam. You may add to them any other reputable and valuable treatises and also collections of modern treaties you may think proper.
It having been thought proper to communicate to Mr Pichon the French Charge d’Affaire here the tenor of the notes from the Marquis D’Yrujo he has presented in a note just received, a vindication of his Government and its treaty with the UStates against the objections proceeding from the Spanish Government. A Copy of this note is herewith inclosed.

   RC, two partial Trs, and enclosures (NHi: Livingston Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; marked “(Triplicate)”; last paragraph of postscript in pencil. Unless otherwise noted, italicized words are those encoded by a State Department clerk and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). For surviving enclosures, see nn. 4, 7–9, and 11.

   For the arrêté and Livingston’s objections to it, see Livingston to JM, 25 June 1803, and nn. 2 and 3.

   For Livingston’s proposal for a general commercial arrangement with France, see Livingston to JM, 3 June 1803.

   For the “extra-duty,” see JM to Livingston, 15 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:24–25, 26 n. 7).

   JM enclosed copies of Yrujo to JM, 4 and 27 Sept. 1803, and JM to Yrujo, 4 Oct. 1803.

   For Cevallos’s 4 May 1803 letter to Pinckney, see Pinckney to JM, 4 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:571–72 and n. 2).

   The coded passage within angle brackets is illegible on the RC; the text is taken from the letterbook copy.

   See Enoch Robins and others to JM, 6 July 1803.

   For the enclosed copy of Gallatin to Livingston, 10 Oct. 1803, see Gallatin to JM, 11 Oct. 1803, and n. 1.

   JM enclosed a copy of Yrujo to JM, 12 Oct. 1803.

   Among the books advertised for sale in the 29 July 1803 issue of the Moniteur universel was Du commerce des neutres en tems de guerre, by Lampredi, translated by Jacques Peuchet.

   Enclosed is a copy of Pichon to JM, 14 Oct. 1803 (second letter).


Title: To James Madison from Daniel Clark, 6 October 1803
From: Clark, Daniel
To: Madison, James

Sir
New Orleans 6 October 1803
I now inclose you the original extracts from the Customhouse Books of the imports & Exports for the Years 1800, 1801, & 1802 with translations of the two last which on account of the smuggling as mentioned in my former advices, will give but an inadequate idea of the Trade of the Country.

A Lieut. Col. of Engineers has arrived within the last three days from Havana, sent to assist the Commissioners in their Operations on the Line of Demarcation. The Order for his Mission must have been forwarded from Spain previous to acquiring a knowledge of the Cession to the U. S., no Official mention of which, has yet been made by the Court of Madrid to its Officers in this Country. I have the Honor to remain very respectfully Sir Your most obedient Servant
Daniel Clark

   RC and enclosures (DNA: RG 59, CD, New Orleans, vol. 1); enclosures (DNA: RG 59, TP, Orleans, vol. 2). RC docketed by Wagner as received 8 Nov. For enclosures, see n. 1.

   The enclosed extracts in Spanish from the customhouse books are misdocketed by Wagner as received 6 Oct. 1802 and misfiled in the consular dispatches at the National Archives (DNA: RG 59, CD, New Orleans, vol. 1). The extracts dated 31 Dec. 1800 (19 pp.) and 31 Dec. 1801 (21 pp.) are filed after 15 May 1801; that dated 31 Dec. 1802 (23 pp.) is filed after 15 Dec. 1802. A partial extract in English (6 pp.) is filed before 20 Jan. 1803 and is correctly docketed by Wagner as received in Clark’s 6 Oct. 1803 letter. Copies in English of the lists of exports and imports for 1800 and 1801 (19 pp.; docketed by Wagner) can be found in the territorial papers at the National Archives (DNA: RG 59, TP, Orleans, vol. 2).


Title: To James Madison from Samuel Hanson of Samuel, 6 October 1803 (Abstract)
From: Hanson, Samuel (of Samuel)
To: Madison, James

6 October 1803, Washington. Solicits appointment as secretary to the Senate. “Should my Character and pretensions be such as to warrant your advocation of my Suit, your influence with the members of the Senate would lay me under a great obligation.”

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


Title: To James Madison from Thomas Appleton, 7 October 1803 (Abstract)
From: Appleton, Thomas
To: Madison, James

7 October 1803, Leghorn. Since his last nothing “of moment” has occurred. “The political situation of Italy wears no new aspect from which can be drawn any satisfactory conclusion as to the final intentions of the first Consul: for his uncontrouled will governs this part of Europe as effectually as it does Paris.” Lord Nelson and his “formidable Squadron” have not yet “performed any act of importance.” Has heard that “two or three Tripoline Corsairs” were at sea but has no news of American captures. “The actual hostilities of the Emperor of Morrocco, gives us the most alarming apprehensions; but … you can best judge how well-founded are our fears. The principle we contend for with Tripoli is a principle, which if once established with that regency, will strike a blow at the political existance of every barbary power. I have therefore never questioned, but that they would avowedly or in a more disguised manner, make it a Common Cause.” Adds in a postscript that he has been informed of a settlement made in Egypt “allowing the arabs to retain the upper, while the Turks are to hold the lower part of that province.” Believes “that if the Ottoman port is compelled to pronounce in which scale they will throw their weight, it will unquestionably be on the side of the British.” His informant reports that French merchants in Constantinople and Smyrna are “changing their protections.” Is informed that “The rebel Arab with a powerful Army had entered Mecca, and totally destroyed every vestige of the Revered Mahomed,” had looted the city, and “were … on their march to Medina.”

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

   One of many challenges to the Ottoman Empire was the Wahhabi revolt in Arabia and southern Iraq led by Abd ul-Aziz and his son, Saud. In 1803 Saud captured Mecca, only to be driven out some months later (Shaw, Between Old and New, pp. 294–96).

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


Title: To James Madison from Stephen Cathalan, Jr., 7 October 1803 (Abstract)
From: Cathalan, Stephen, Jr.
To: Madison, James

7 October 1803, Marseilles. “What Preceeds is a Copy of my last respects of the 18th. august last; I have now the honor of forwarding you a dispatch to your address, which I have received direct yesterday from Mr. G. Davis Charged with the Consulate of the United States at Tunis, Which by his Letter of the 13th. ultimo, he recommends me to send you by the earliest and Safest opportunity; I, then, embrace that of the american Ship Ulysses, Wm. Mugford master who is ready to sail for [sic] this Port.
“This Packet being very large has been delivered to me by the post office wet of vinegar and Cut as you will find but I have respected its Contents the Same as if it Should have been in a good State & Sealed.
“I have also received by Same Vessell who brought the Inclosed a large Packet directed to Messrs. Degen & Purviance Navy agents at Leghorn, in a worse State as at the Post-office they were obliged to tie the whole Contents with a twine.
“I have been obliged to Separate the Sundry inclosures to let them dry in which I have found a packet in a good State and Sealed as well as such a one directed to Commodore Morris or the Commander in Chief in his Stead in the mediterranean—as in a letter open to Messrs. Degen & Purviance he Recommends to them to forward it to you by the earliest opportunity I find to save delays and heavy Expences of postages, it is better I forward it via bordeaux or Malaga by next mail than to Send it to Leghorn which is too much out of the Way to the U. States; I hope as in this I act for the best of the Service of the U. States You will approve what I do.
“Tho’ the English are Very often off this Coast they have hitherto respected neutral Vessells and Property and let them pass unmolested into this Port. I hope they Will Continue as they do and let arrive the american Merchant Vessels bound to & from this Port.
“There is no other, now, than Captn. Wm. Mugford. The war between France & England must become again Very advantageous to the Commerce of the United States which was So Extensive over the world in the last war and the Vessells Which may Come into this Port with Codfish, E. & W. Indies produce will meet next winter with advantageous Sales and load answerable outward Cargoes as long as this war will Continue.
“It appears they will be well protected by the american Squadron in this Sea against the Barbarian powers.”

   RC (DNA: RG 59, CD, Marseilles, vol. 2). 3 pp.; unsigned; docketed by Wagner. Written at the foot of a copy of Cathalan to JM, 18 Aug. 1803.

   Enclosure not found, but it was doubtless George Davis to JM, 13 Sept. 1803.


Title: To James Madison from William Jarvis, 8 October 1803 (Abstract)
From: Jarvis, William
To: Madison, James

8 October 1803, Lisbon. Encloses circulars “to the several Consuls in the Streights,” marked nos. 1, 2, and 3, with information about “the Moorish Ship.” “This morning” heard that “her Pilot” had sailed on board an American ship “to Sallee to deliver the Cordage and Sail Cloth they got here, which is wanted to rig a new vessel.” “After affording the Moor what succours he wanted to the great danger of our flag, I conceived agreeably to a strictly impartial Neutrality, that an adequate Protection ought to have been granted to our Vessels.” Waited therefore on 5 Oct. on the visconde de Balsemão “to request the favor of a Convoy for several Ships that would shortly be ready for Sea.” As “he was very unwell,” he promised that if Jarvis would write to him, the business “should immediately be attended to.” Wrote him no. 4, “to which no reply has been made.” Waited on Balsemão again “this afternoon” but learned that he had gone “to Mafra, and was not expected back till the middle of the next week.” Wrote him note no. 3. Doubts “the application will be attended with Success.” If he has no answer by 11 Oct., he will “advise the Captains to proceed to Sea.” Feels “disgusted” when he sees “the affairs of a Government conducted on a Scale as narrow and illiberal as ever entered into the traffic of a huckster.” “What renders the conduct of this Government, on this occasion, more strikingly impolitic, is that the Ministry have three or four times called the Merchants together during the last two Months, to try to induce them to send for large Quantities of bread Stuffs and yet decline adopting the very means which in all probability would insure them an abundance.” Asks if it would not be prudent, if the difference with Morocco is not adjusted, “to keep a frigate pretty constantly” off Salé and cruising “off Saffia and Mogadore, another occasionally between Cape St. Vincent and this port, one constantly off the Moorish Ports near the Mouth of the Streights, accompanied by a Tender so sharp built and light, as to allow being rowed 4 or 5 Miles an hour, to keep the Row Gallies of Tangiers in Check when the weather is calm.” Believes that “five frigates with the Enterprize and two Brigs of War properly stationed would be adequate to the complete protection of our Trade both in and out the Streights.” “What farther information I have received from the Streights is contained in No. 6.”
“The alarm of the British Factory mentioned in my last is pretty fast subsiding.” “The Moorish Ship” passed the Castle before any enemy ship; “cannot learn that any orders were given to detain her 24 hours.” Encloses his letter of 2 Oct. Adds in a 10 Oct. postscript that he has “understood from the Pilot and an American vessel which was a little without the Bar, coming in, as the Moor was going out that he steered directly to the Southward.” Believes a “strong Northerly wind springing up since … will make it hardly worth to remain longer in port to wait for an uncertain Convoy.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 4 pp.; docketed by Wagner. For enclosures, see nn.

   Circular no. 1, dated 25 Sept. 1803, described the arrival at Lisbon of a Moorish ship of thirty guns for repairs and offered Jarvis’s estimate that the ship would sail in two weeks. He advised U.S. frigates “to keep a vigilant look out” for it and to attempt its capture (2 pp.; docketed by Wagner).

   Circular no. 2, dated 3 Oct. 1803, announced that the Moorish ship had readied itself for sea and would sail at the first opportunity. Jarvis speculated that the ship would return to Salé or another Moroccan port and suggested that a U.S. warship intercept it (1 p.; docketed by Wagner).

   Circular no. 3, dated 6 Oct. 1803, noted that the Moorish ship remained in port, “under pretence, as is reported, of his belief, that an American frigate is cruising … for him.” Jarvis was convinced, however, that the ship intended to sail directly home (1 p.; docketed by Wagner).

   The enclosure is a copy of Jarvis to Balsemão, 5 Oct. 1803, requesting that the Portuguese government provide a frigate to convoy about eight American merchantmen some one hundred leagues from the coast and out of the reach of Moroccan cruisers (2 pp.; docketed by Wagner).

   In this short note, dated 8 Oct. 1803, Jarvis requested from Balsemão “a determinate answer” to his request for a convoy (1 p.; docketed by Wagner).

   Jarvis enclosed a copy of a letter from William Court & Company at Mogador, 5 Sept. 1803, announcing the outbreak of war between Morocco and the U.S., the detention of all American vessels, persons, and property, and the fate of some private ventures; an extract of a letter from Robert Montgomery, 27 Sept. 1803, reporting the absence of Tripolitan cruisers off the coast of Alicante, with “little to apprehend” given the advent of winter; two copies of a letter from Anthony Terry in Cádiz, 23 Sept. 1803, with Appleton’s news of the capture of American vessels (see Terry to JM, 26 Sept. and 5 Oct. 1803); and an extract of a letter from the Batavian consul at Tangier, 20 Sept. 1803, noting that American affairs were “much embroiled” and that the two commodores had been in that port on 17 Sept. but had sailed the same evening “after having had some information from their Consul” (5 pp.; docketed by Wagner).

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


Title: To James Madison from Richard O’Brien, 8 October 1803 (Abstract)
From: O’Brien, Richard
To: Madison, James

8 October 1803, Algiers. “These 3 days I have been Sounding all in my power with The Algerine ministry to try to obtain a 2d. order … for timber in order to forward the Same to you by The return of The Ship Betsy Walk which leaves this Place in the morning.” “They wish first that The 2d Ship or The one Expected with timber would first arrive” so that they might see its cargo before they grant his request. They want “Cables and powder.” Has “Something of a promise” that after the Sally arrives with timber he will “Settle with Them The annuity Account That They will admit of a part to be paid in Cash within the Limits of yr. order 30 Thsd. $.” “Should.… I have to Settle The annuity Account The greatest Sum in my power at present is 13 Thsd $—as 13 Thsd. is advanced on part payment of The b[i]ennial present & 4 Thsd. for Consular expences & disburstments it is therefore to be hoped Consul Lear will arrive in time … to Square away with The Regency The Annuity debt.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 1 p.; docketed by Wagner as received 21 Dec.

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


Title: To James Madison from James Simpson, 8 October 1803 (Abstract)
From: Simpson, James
To: Madison, James

8 October 1803, Tangier. No. 66. Informs JM that the emperor arrived in Tangier “on Wednesday last” but has held no audience because the prime minister, Sidi Mohammed Selawy, was sent on business to Tetuán. Preble anchored the Nautilus “in this Bay on Tuesday.” The frigates New York and John Adams arrived “On Wednesday Night.” The U.S. squadron “has paid every respect to His Majesty and on his part he has shewen equal marks of Friendship,” sending “ten head of Cattle, twenty Sheep and some Fowles” to the ships. Wrote the emperor “a Letter of acknowledgement”; encloses a translation of his answer. Encloses also a translation of the order for release of the brig Hannah and her cargo detained at Mogador. That the emperor has “so readily given up that Vessel, is a fresh proof of his desire for Peace, for the furtherance of which it is the Commodores intention to give up the Mirboha and Crew, when His Majesty shall by an Act in writing declare himself at Peace and Friendship with the United States and Ratify the Treaty of 1786.” Does not doubt that he will do it. Believes that “no fixed determination can properly be taken Respecting the Meshouda untill the pleasure of The President be known on the subject.” Hopes this information will arrive soon. He and Preble are scheduled for an audience with the emperor on “Monday.” “I took the liberty … to draw a Bill on you to order of John Gavino” on 6 Oct. for $1,000, “which I advised by No. 65 [6 Oct.], and now beg to repeat my request of its being paid accordingly.”

   RC and enclosures, two copies (DNA: RG 59, CD, Tangier, vol. 2). First RC 3 pp.; docketed by Wagner as received 15 Dec. Second RC marked “duplicate”; docketed by Wagner. For enclosures, see nn.

   Enclosed is a translation of an undated letter from Mawlay Sulaiman to Simpson, informing the latter that orders had been given to the governor of Mogador “that he set at liberty your Vessel to her Owners” and inviting Simpson “On Monday” to “bring with you your Admiral to meet with us” (2 pp.; with the notation: “Without date, being written on the back of my Letter to His Majesty.”).

   Simpson enclosed a translation of Mawlay Sulaiman’s letter of 8 Oct. 1803 to Mohammed ben Abd el Sadak ordering the release of the Hannah and further commanding: “Whatever you may have landed belonging to the Christians let it be put on board again and let them have every thing they may be in need of and send them away in a good state and in the best manner” (2 pp.; docketed by Wagner).

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