Title: Proceedings of the Commissioners of the Sinking Fund, [7 June] 1802
From: Commissioners of the Sinking Fund,Madison, James,Gallatin, Albert,Lincoln, Levi
To:

[7 June 1802]
The Secretary of the Treasury reported to the Board, that provision has already been made to meet nearly all the demands which will become due in Holland, during the course of the present year, but, that it is necessary to make immediate provision for the payments on account of principal & Interest which fall due there, during the first five months of the year 1803, and amounting to Four millions, four hundred and thirty nine thousand eight hundred & thirty Guilders, and payable at the following periods. Vizt.

1st.
of
January.
872,700
Guilders

1st.
"
February.
986,350
"

1st.
"
March.
601,000
"

1st.
"
June.
1,979,780
"
That from the great diminution of Trade, between this Country and Holland, he has ascertained during his late excursion to New York and Philadelphia, that it is impracticable to obtain bills on Holland to that amount; that the rate of Exchange is already forty one Cents ⅌ Guilder, and that any attempt on the part of the Government to procure the large amount now wanted, would indubitably raise considerably, the rate of Exchange: That if it shall be attempted to remit by the way of England, the loss will be also considerable, the present rate of Exchange with that Country, being now above par and raising, and would indubitably be enhanced, should Government come into the market for large purchases; and the rate of Exchange between England and Holland, being, by the last advices ten Guilders eight Stivers per pound Sterling, nor likely to become more favorable, which, supposing the whole amount in bills on England to be procurable, (which is not believed to be the fact) at 168, would, including the commission of one ⅌ Cent in England, amount to forty three and a half Cents ⅌ Guilder: That the Bank of the United States having been applied to, has refused to undertake to contract for making the necessarry Remittance: And that the two only considerable offers made to the Secretary, are now submitted to the Board. Vizt.
The Manhattan Company offer to remit the whole, at the rate of forty three Cents ⅌ Guilder.
Alexander Baring offers to remit Guilders 3,140,487.16½ payable in Amsterdam, at the following dates. Vizt.

1st.
of
January
1803.
 605,000.
Guilders

1st.
"
February
"
 685,000.
do.

1st.
"
March
"
 425,000.
do.

1st.
"
June
"
1,425,487..16½.

and at the rate of forty one Cents ⅌ Guilder, provided however, that the United States shall sell to him the two thousand two hundred & twenty shares of the Bank of the United States, owned by the United States, at forty five ⅌ Cent advance, or at the rate of five hundred & eighty dollars ⅌ Share; which last proposition is recommended by the Secretary of the Treasury as the most eligible, as, exclusively of the advantageous rate of Exchange thereby secured, the transaction will not have any unfavorable effect on the rate of Exchange generally, and by so considerably diminishing the demand, will enable the United States to obtain what is still wanted at a reasonable rate: And because in his opinion, the price obtained for the Bank shares, is more than could be obtained, were they thrown in the market for sale, and more than their intrinsic value.
Whereupon, it was resolved by the Board, “That the Secretary of the Treasury be authorized to sell the shares of the Stock of the Bank of the United States, belonging to the United States; and that the proceeds thereof be applied to the payment of the Capital or principal of any part of the Debt of the United States, which had become due to the Bank of the United States, before or during the course of the year 1796, and which remains still unpaid, in conformity to the provisions of the Act entitled “An Act making provision for the payment of certain Debts of the United States” passed on the 31st. day of May 1796.”

(Signed)
James Madison secretary of State
Albert Gallatin secretary of the Treasury
Levi Lincoln Atty Genl.
Attest
Edward Jones
secretary to the Board
of Commissrs. of Sinking Fund.

   Tr, two copies (DNA: RG 46, Reports and Communications from the Secretary of the Treasury, 7A-F2; and DNA: RG 233, Reports and Communications from the Secretary of the Treasury, 7A-E2. 1). Headed: “At a meeting of the Commissioners of the Sinking Fund on the seventh of June 1802. / Present / The Secretary of State / The Secretary of the Treasury / The Attorney General of the United States.” Enclosed in Gallatin’s 16 Dec. 1802 report to the Senate (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Finance, 2:5–9); received by the House of Representatives on 20 Dec. (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 281).

   For Gallatin’s overtures to Aaron Burr and the Manhattan Company, see Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:681 n. 2.

   Alexander Baring, first Baron Ashburton (1774–1848), was a British financier whose mercantile house invested heavily in American real estate. Married to the daughter of the influential Philadelphia merchant William Bingham, Baring played an increasingly important role in U.S. financial matters during the 1790s, and in 1803 the house of Baring was made the official agent of the U.S. government (Pieter J. Van Winter, American Finance and Dutch Investment, 1780–1805 [2 vols.; New York, 1977], 2:914–16).

   U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:488–89.


Title: From James Madison to Rufus King, 8 June 1802
From: Madison, James
To: King, Rufus

Sir,Department of State, June 8th. 1802.
You will herewith receive a Commission giving you powers to adjust by proper stipulations with the British Government whatever remains to be decided in relation to the boundaries between the two nations.
In executing the first part of this trust relating to the Bay of Passamaquody you will recur to the observations contained in my letter of the 28th of July last. I refer you also to a copy herewith inclosed of a letter from Judge Sullivan, heretofore Agent of the United States on the controversy regarding the river St Croix, in answer to some enquiries from me on the subject now committed to you. His information and his reasoning will be useful in the discussion; and to illustrate both I also inclose herewith a copy of the Map to which he refers in the beginning of his letter.
The essential objects to be secured to the United States are the jurisdiction of Moose Island and the common navigation of the Bay and of the channels leading towards the sea between Deer Island and the Island of Campo bello. To the observations of Judge Sullivan in support of the rights of the United States it need only be added that the outlet through those Islands being the only adequate communication with the sea from a great and valuable territory of the United States, they are entitled to the full use of it on that principle as well as on others; and with the less pretext for objection, as the trifling island of Campo bello is the only territory held by Great Britain on one side of the channel.
In pursuance of the next object, viz, the establishment of boundaries between the United States and New brunswick on one side and of Canada on another, it will be proper to provide for the immediate extension of the line which is to run from the source of the St Croix, and which is represented as necessary to guard against interfering or incroaching grants under american and British authorities. As the course of this line is to be due North, and is to proceed from the point fixed by a survey already made, the running of it will be sufficiently provided for by an appointment of a Commissioner by each of the two Governments, and an appointment by the two Commissioners of a surveyor. In fixing the point at which the line is to terminate, and which is referred to as the N. W. angle of Nova Scotia, the difficulty arises from a referrence of the Treaty of 1783 “to the Highlands,” which it is now found have no definite existence. To cure this difficulty, no better expedient occurs than to provide for the appointment of a third Commissioner as in Art: 5th of the Treaty of 1794, and to authorize the three to determine on a point most proper to be substituted for the description in the 2d Art: of the Treaty of 1783, having due regard to the general idea that the line ought to terminate on the elevated ground dividing the rivers falling into the atlantic from those emptying themselves into the St Laurence. The Commissioners may also be authorized, to substitute for the description of the boundary between the point so fixed and the Northwestermost head of Connecticut river, namely, a line drawn “along the said Highlands” such a referrence to intermediate sources of rivers, or other ascertained or ascertainable points, to be connected by straight lines, as will admit of easy and accurate execution hereafter, and as will best comport with the apparent intention of the Treaty of 1783. The remaining provision necessary to complete the boundary of the United States, will be a stipulation amending the 2d Art: of the Treaty of 1783 in its description of the line which is to connect the most Northwestern point of the Lake of the Woods, with the Mississippi. The description supposes that a line running due West from that point would intersect the Mississippi. It is now well understood the highest source of the Mississippi is South of the Lake of the Woods, and consequently that a line due West from its most Northwestern point would not touch any part of that river. To remedy this error, it may be agreed that the Boundary of the U. States in that quarter shall be a line running from that source of the Mississippi which is nearest to the Lake of the Woods, and striking it Westwardly as a tangent and from the point touched along the Water mark of the Lake to its most Northwestern point at which it will meet the line running thro’ the Lake. The map in McKensies late publication is probably the best to which I can refer you on this subject.
From the mutual and manifest advantage to G. Britain and the U. States of an adjustment of all uncertainties concerning boundary, it is hoped you will find a ready concurrence in all the propositions which you will have to make to the Government of the former. Should difficulties or delays threaten those which relate to the boundary connecting the Mississippi and the Lake of the Woods, or that connecting Connecticut river and the point to be established as the N. East corner of the United States, it will be proper to separate from these the other subjects of negotiation, and to hasten the latter to a conclusion. With the highest respect & consideration I have the honor to be, Sir, your Obt Sert.
James Madison

   RC (NjMoHP); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM; docketed as received 12 Aug. For surviving enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:484.

   James Sullivan to JM, 20 May 1802.

   For the map, see Sullivan to JM, 20 May 1802, n. 1.

   The second article of the 1783 treaty between Great Britain and the U.S. declared that one of the boundaries should be drawn “from the North West Angle of Nova Scotia, viz. That Angle which is formed by a Line drawn due North from the Source of Saint Croix River to the Highlands along the said Highlands which divide those Rivers that empty themselves into the River St. Lawrence” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:152).

   Article 5 of the Jay treaty provided for a commission to settle the question of what river was “truly intended under the name of the River St Croix.” The commission was to be composed of one American, one Englishman, and a third member to be chosen by the other two (ibid., 2:249).

   Alexander Mackenzie, Voyages from Montreal, on the River St. Laurence through the Continent of North America (New York, 1802; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 2568).


Title: To James Madison from Robert R. Livingston, 8 June 1802
From: Livingston, Robert R.
To: Madison, James

No. 43.
Dear SirParis 8th. June 1802
Enclosed is the answer of the Spanish ambassadour to my letter a copy of which was forwarded on the 28 ult. It accords with the conclusions I drew from the delay of the expedition & the conduct of the Minister for exterior relations. I have had a conversation with Collot & Adet separatly I find that tho they both consider their going in official characters to Louisiania as settled yet that neither have seen the treaty or know precisely the boundary of the territory they have acquired Pensacola & Mobile they say are expresly given as to the rest or whether it includes west florida they can not say. That France intended that it should I have no doubt. And I still think it probable that she will make it yield to her intentions for in Europe she does what she will & it will require firmness & exertion to prevent her doing so in America. Rely not my dear Sir too much upon her affection or her justice nor neglect from œconomy every necessary means of defence, this however is by way of parenthesis. To proceed I called yesterday on the minister & again insisted upon some direct answer to my note relative to Louisania shewing that we had certain interests in the treaty that intitled us to the information. He told me that the first consul had definitively settled that Mr. Otto was to go to America—that he was expected here daily & that he would be empowerd to treat & take arrangment with me on that subject.
I then shewed him the remonstrance of the St Domingo merchants which I found in a New York paper I told him that tho this was not official yet I had no doubt of its authenticity I contrasted the conduct of the United States in their exact & liberal fulfilment of the treaty with the conduct of France I told him that it was not to be expected that we would long submit to such degrading treatment but that we should be compelled to seek for means of repelling it—& concluded by desiring an explicit answer to my note on the subject of our claims—& information on the measures that the government had adopted for the payment of the bills forced upon our citizens.
He told me that the measures of the fleet & army were not in his department & that he could not give me any direct information on the subject nor of the means provided for the discharge of the bills tho he was assured that means had been adopted & that the [sic] Marbois had told him that two millions of livres were put at the disposition of Mr Pichon for this object. I replied that as it was my duty to make my inquiries thro’ him & as I had received from the head of the marine nothing more than vague assurances on the subject I prayed him to take such informations as would enable him to give me an answer that I might lay before my govermt. This he promissed to do—And added that with respect to my note the first consul had ordered it to be referred to the counsellor of State Flerieu to report upon it as he had been one of the negotiators of the treaty & there were several points in it that had a reference to that negotiation. I asked him when I might expect an answer he told me in very few days.
My conclusion from this is that finding it too direct to evade & too strong to be easily answered it is gone in to the hands of Flerieu to give some elaborate & (as the eastern men say) some twistical answer by wire drawing the treaty. I shall however call today on Flerieu & get out of him some hint of what the final intention of the government is. In the mean time limit credit at home as much as possible & do not neglect the fortification of your harbours. Conciliate the affections of your western Country, And put your militia on the best footing circumstances may arise which you can not prevent. There are various causes of irritation at home that may compel the government to take a decisive line & where this may lead to god knows. Be explicit in your instructions to me & be assured whatever they may be they will be strictly fulfilled according to the best of my abilities. I am Dear Sir with the most respectful consideration Yrs

   Draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC not found but mentioned in JM to Jefferson, 11 Sept. 1802, and acknowledged in JM to Livingston, 15 Oct. 1802 (DNA: RG 59, IM, vol. 6). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded. Enclosure not found, but see n. 1.

   In his reply of 2 June 1802, Azara informed Livingston that although he had not been involved in the affair, “it seems certain … that a treaty ceding Louisiana has been concluded; but I am of opinion that the Floridas are not comprised in the cession” (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:519).

   The protest of American merchants addressed to Tobias Lear was published in the New-York Evening Post on 10 Apr. 1802 (dated Philadelphia, 8 Apr. 1802). The merchants requested that their cargoes and vessels be free from requisition, that cargoes already furnished to the French be paid for in cash, that Americans meet with no more obstacles at customs than French merchants, and that the embargo on their ships be raised.

   Charles-Pierre Fleurieu reported to Talleyrand on 22 Prairial an X (12 June 1802) (12 pp.; in French) his recollections—as one of the French negotiators—of the basis for discussion of articles 2, 4, and 5 of the Convention of 1800 and the French interpretation of the suppression of article 2. Fleurieu’s understanding of this latter was that the U.S. could make no demands for indemnities and that the French were justified in refusing to pay them (AAE: Political Correspondence, U.S., 54:365–70).


Title: To James Madison from William Eaton, 8 June 1802 (Abstract)
From: Eaton, William
To: Madison, James

8 June 1802, Tunis. Complains that his plans regarding Hamet Pasha of Tripoli “have undergone very severe criticism by Captains S. Barron and Bainbridge; by them reprobated in a stile of most illiberal censure; and under their influence, rejected by Capn. Murray in an air of authority and reprimand.” Acknowledges his reporting that “We are abandoned by our ships of war” must have offended the captains but considers it his duty to report facts. The Philadelphia patrolled before Tripoli for “only six hours” before retiring to Saragossa for the winter. The Essex was stationed off Gibraltar “to watch the hull of a dismantled ship.” “This is a singularly economical mode of carrying on the war.” Adds that another source of grievance may have been his criticism of the degrading action of a U.S. ship forced to sail under Algerine colors.
“It is very certain that Cap. Murray has been influenced by Captains S. Barron and Bainbridge.… Last summer they expressed their intire concurrence in all my measures; and seemed, with me, fully persuaded that the most energetic operations would alone stamp the impression on these powers which our nation are desirous to impress.” Cannot understand why they suddenly changed their minds or why Murray “should arrogate to himself the discretion to put so prompt, so rigorous a check” to the plan. The expense is paltry compared to the sum to be saved. “If he acted from want of confidence in the success of the project he was moved by a zeal without knowledge.” Asks whether commanders should not place their trust in those “local and proper Agents of the Government stationed here” to gather correct information rather than in “the Theatres of Saragosa, Leghorn and Malaga.”
Opportunity for peace was missed last summer when the navy was unable to execute a close blockade of Tripoli. Plan involving the pasha “presented another position still more favorable; because it promised a permanent peace.” If Dale’s squadron had remained at its post and had “seized the occasion which my project with the Bashaw offered; the UStates ere this, perhaps, might have had a peace on terms equally honorable and advantageous.” Is “extremely hurt” by Murray’s rejection of the plan and public censure at Gibraltar, where Murray proclaimed Eaton’s “reprehensibility,” forbade the consul to supply the Gloria, and tried to take the seamen from the ship. “It is … a summary way of blasting men and measures, which would better become an eastern Bashaw than a citizen of the United States in command. But all this out of pure regard to the Treasury!”
Declares that “while here six days, and conversing with the utmost seeming frankness and friendship,” Murray never mentioned the steps he had taken, although he initially opposed Eaton’s plan on the grounds that “no construction of his orders would justify him in taking the said Bashaw out of a neutral vessel … nor even to fire a shot on a Tripoline town or castle”; he was to operate “solely against the cruisers at Sea.” Even so, how could Murray’s orders “prohibit his co-operations with a rightful Bashaw to reduce a rebel and a common enemy”? “I do believe, however premature, chimerical, or insane the project may appear on a superficial view,… if supported, it would have saved the United States more than a million of dollars and many lives.” Plan was long digested; it was suggested by Cathcart and developed with the advice and concurrence of Captain McNeill, Dr. William Turner, Charles Wadsworth, captains George G. Coffin and Joseph Bounds, the Swedish chargé d’affaires, and Lewis Hargreaves, “an English gentleman in my confidence, appointed to take charge of this office in case of my decease or necessary absence.” If captains Barron and Bainbridge “are correct in charging me with insanity, those gentlemen must have labored under the same delirium.” Will “adhere to the position I have taken” until Commodore Truxtun arrives. “If I have surpassed the limits of that discretion which I suppose attached to my duty I hold myself responsible alone to my government for my Conduct; not amenable to an inferior Captain of a squadron.” Considers Murray’s decision “premature, presumptious, the result of weakness biassed by ignorance and prejudice.” Asks if Murray has “come forward vested with supreme authority to pass unqualified censure on the measures of officers long employed on this frontier; and to hold us up, unheard and unseen, in a foreign port, to public mistrust and disgrace?” If so, Eaton asks to be recalled. “There is no reason why I should be sacrificed to the convenience of gentlemen, who seem to consult their ease rather than their duty. After nearly four years exile, in a state of constant vigilance, exertion, perplexity and menace, and after having received honorable testimony of the approbation, not only of my government but of every officer serving under it who has been well acquainted with my Agency, to be condemned and published by a man just from his fire side, seems as unreasonable as it is indeed mortifying.”
“During the whole time of the Squadrons being in this sea Tripoli has not been blockaded forty days until since the arrival of the Swedes and the Boston.” The regencies begin to “whisper that The Americans are playing the same farce here as the Danes!” Unless more effort is made against Tripoli, “we shall fail in our object”; moreover, the other Barbary powers will “become insolent.” The U.S. frigates, either cruising or blockading, “are inadequate to prevent the small gallies of the enemy from stealing out and doing us mischief.” Two galleys passed along the coast of Tunis while the Constellation was at anchor in the bay.
Murray believes “we must rely on the magnanimity of Europe to regulate these States altogether. Men and nations must undergo more than a Christian regeneration before we shall see Europe volunteering in the protection of the commerce of the UStates.”
“I have delivered the last regalia from England, saving the sword; they were highly acceptable.” But the bey has reiterated his demand for a corvette or brig of war. “I got over this claim—at least for the present”—and also answered the bey’s complaint of a neutrality violation “without a sacrifice.”
Reports that a large Swedish ship with military stores for the bey arrived on 5 June. No Americans had been captured by Tripoli as late as 22 May. Since the definitive treaty was signed over a hundred French citizens have arrived in Tunis to establish themselves—”a striking proof of the humane intentions of that Government to regulate these regencies.”
Notes in a postscript of 15 June that he has received word that Hamet Pasha is still at Malta, where he met with the Swedish admiral, who agreed to the plan, and where he awaits the juncture of the Swedish and American fleets. Hamet is so confident of success that he wrote to the bey of Tunis on the subject; “the Bey expressed astonishment.” Cannot understand why those who have “acted on this coast” all agree to the measure, while “those only who have scarcely or never been here take on themselves to reject it!” Flatters himself that the “sink of Jewish perfidy in Algiers” will not always have the power to “blast the measures and disgrace the flag of my Country!”

   RC and enclosure (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 11 pp.; marked “Duplicate”; docketed by Brent as received 16 Oct. Extracts printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:166–70. For enclosure, see n. 1. Filed with the RC and letterbook copy are copies of Capt. Alexander Murray to Eaton, 6 May 1802, wherein the former disagreed with Eaton’s plan, claiming Eaton was “unauthorized in employing the ship Gloria on public account” (1 p.; printed ibid., 2:145); and extracts (4 pp.) of letters to Eaton supporting his plan from Cathcart, 10 Apr. 1802 and 13 May 1802, from Charles Wadsworth, 29 May 1802, and from an officer on board the Philadelphia, 7 May 1802 (for Cathcart to Eaton, 10 Apr. 1802, and Wadsworth to Eaton, 29 May 1802, see ibid., 2:111–12, 161). Also filed with the RC is a copy of Eaton’s letter to the officer commanding the U.S. squadron in the Mediterranean, 12 May 1802 (3 pp.; printed ibid., 2:152–53), enclosing a 12 May 1802 chancery statement (3 pp.) describing a 3 May incident where an American schooner plundered a Tripolitan xebec of a total of $257.49 worth of valuables. Another copy of the RC (PHi) does not include the postscript and is docketed by Cathcart as received at Leghorn 23 July, with his notation: “Mr Eaton herein acknowl[edge]s that the project with Hassan Bashaw originated with me!”

   Eaton enclosed a separate sheet, dated 8 June 1802 (docketed by Brent as received in Eaton’s 8 June dispatch), in which he related a conversation with Murray.

   “☞ While Cap. Murray was on shore he seemed willing to excite my alarm by a frightful picture of the operations of Government—Said that, Under the influence of the present Executive, the Constitution of the United States was sapped to its base — the ablest and best men in office put down — salutary laws repealed — the military establishment almost annihilated — the best citizens generally dissatisfied — and every thing verging to disorder and anarchy in our country.

   “When I asked an explanation to this pretended violation of the Constitution He quoted the repeal of the Judiciary Act. As a common-place answer I supposed that the creative power had inherently the power of abolishing—and that this power was exercised in the establishment of the courts which formed the subject of this repeal.

   “If this circumstance do not suggest what kind of support executive measures may receive from Gentlemen of this turn of thinking, it will at least show that his latitude of censure is not confined to the subordinate agents of the Government.

   “I did not enter this article in the body of my communications of this day, it being irrelative to the subject.”

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


Title: To James Madison from Thomas W. Fox, 8 June 1802 (Abstract)
From: Fox, Thomas W.
To: Madison, James

8 June 1802, Falmouth. Reports that the market for wheat and flour “at present is favourable for the produce of the U. S.” Flour is scarce in northern France; “it appears that their wants are considerable—a great deal of Wheat is arrived and expected there from Dantzic and other parts of the North.… A great many Cargoes of Flour have arrived at this port lately for orders, and been forwarded to different ports in France and Spain. Trade in general is dull in most parts of England—there is a report of a commercial treaty being on foot between this Country and France; it is the opinion of many, that if it should take place, it will not be so advantageous for this Country as the former. Freights continue to fall; but American Vessels are sought after for many voyages, their Masters being in general active and clever men, and their Vessels sail fast.” In a postscript, notes that he is signing for his brother, who has gone to the country.

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 2 pp. Signed by Thomas W. Fox “for Rob: W. Fox.”

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


Title: To James Madison from Albert Gallatin, 9 June 1802
From: Gallatin, Albert
To: Madison, James

SirTreasury Department June 9th 1802
I have the honor to transmit transcripts of the proceedings of the Circuit Court for Connecticut & of the Supreme Court in the case of the Schooner “Peggy” a French prize first acquitted in the district, then condemned in the circuit & finally acquitted by the Supreme Court. It appears that whilst the appeal was pending the district court, under the circumstances stated in their order, directed the one half of the nett proceeds to be paid to the Treasury of the United States, and the other half to the captors. The moiety which would have been the share of the United States was not received in the Treasury, it being known that the appeal was then before the supreme Court, and on the decree of this Court was paid by the Treasurer, (to whose credit it remained in Bank) to the attorney for the original owners. The other half having, as above stated, been paid over to the captors, Mr Pichon now claims the same under the treaty, and the instructions of the President are wanted at the Treasury on that subject.
The questions which occur are
1st. whether the owners having, by the decree of the supreme court, obtained their remedy, a remedy which they elected instead of claiming under the convention, they ought to be left to pursue the same against those to whom improper payments may have been made, or whether they have an unimpaired right to claim under the convention?
2dly. in what manner can the money be recovered, either by the United States or by the owners, from the captors or their agent?
These questions may perhaps require the decision of the Attorney general; but I wish also that the subject may be communicated to the President. I have the honor to be with the highest respect Sir Your obedt. Servt.
Albert Gallatin

   RC and enclosures (DNA: RG 59, I OAG); Tr (DLC: Hamilton Papers). RC and enclosures docketed by Brent.

   Gallatin enclosed a copy from the records of the U.S. Circuit Court for the District of Connecticut (13 pp.; marked in pencil by Gallatin, “To be enclosed with Mr P. Edward’s letter in letter to Secy. of State / A. G.”). The court, which convened at New Haven on 15 Apr. 1801, decided that of the sum of $18,804.72, “the avails of the french prize Schooner Peggy & her cargo,” one-half should be distributed among the captain and crew of the capturing ship Trumbull and the other half deposited into the U.S. treasury.

   Gallatin enclosed a copy of the Supreme Court decree, dated 11 Jan. 1802 (1 p.; marked in pencil by Gallatin, “To be enclosed in letter to Secretary of State / A. G.”), which reversed the judgment of the U.S. circuit court (n. 1, above) and ordered the restoration of “the said Schooner Peggy and Cargo with her apparel Guns and appurtenances” to the claimants. In accordance with the decree, payment was made to Pichon of one-half the sale price (Gallatin to JM, 19 Jan. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:411 and n.).

   There is no written record that JM passed these papers on to the president, but he did request Attorney General Levi Lincoln to study and give his opinion on the legal questions of the Peggy affair (JM to Lincoln, 13 June 1802).


Title: To James Madison from William Savage, 9 June 1802 (Abstract)
From: Savage, William
To: Madison, James

9 June 1802, Kingston, Jamaica. “I have this day drawn on you … for the Balance due me on the last Quarters Account, say Two thousand & Twelve Dollars 34/cents, to which please pay due Honour.”

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1). 1 p.; marked “Duplicate”; docketed by Brent as received 24 July.

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


Title: To James Madison from George W. Erving, 10 June 1802
From: Erving, George W.
To: Madison, James

No 7
SirLondon June 10th 1802
I had the honor to address you last on the 6th March, since when a great pressure of business consequent upon the ⟨r⟩eassembling of the Board has prevented my writing to you upon ordinary occurrences; When the commissioners reassumed their ⟨f⟩unctions the state in which the cases ⟨b⟩efore them were found seemed to have ⟨r⟩esulted from an Expectation that no adjustment with this government upon the difficulties arising out of the 6th & 7th articles of the Treaty was likely to take ⟨p⟩lace, for I was called upon to furnish ⟨p⟩apers necessary for the consideration of nearly 300 Cases in which they were deficient, which shoud have been filed by my predecessor, & which indeed the long suspension of the proceedings of the board afforded ample opportunity for furnishing: Thro’ the hands of our council, proctors, & the private Agents of the claimants, these documents were scattered like the leaves of the Sibyls, & have required almost as much care to collect & arrange; they are now however in a good train & the Board is making considerable progress: The commissioners however have thought proper to defer the making any awards ’till the arrival of the ratification, but many cases have been “decreed to be awarded”; this distinction (perhaps unnecessa⟨ry)⟩ does not retard the business of the Board & may be attended with no inconvenience unless Mr Trumbull (which I trust is not probable) shoud happen to die; in that case indeed if we were unfortunate in the choice of his successor, these decrees being subject to ⟨re⟩vision might be reversed: To avoid this chance, it woud have been better perhaps to have made awards & to have fixed the time of payment (as no precise date coud have been named) in the words of the ⟨c⟩onvention. The business of the court ⟨a⟩dvances rapidly, & their proceedings & decisions it is said have more of Equity & liberality than have heretofore characterized ⟨th⟩em; a change certainly very much to their credit: No present calculation ⟨c⟩an possibly resolve the question as to how much more than 600,000 £ stipulated to be paid by the convention, may be Expected to be recovered from the British government thro’ the awards of the commissioners ⟨a⟩bove what in the present temper of the ⟨co⟩urt of appeals may be there decreed in ⟨o⟩ur favor; I shoud indeed imagine a large sum—but this however ought to be supposed to depend a great deal upon Mr Trumbulls life; an English commissioner in his place (upon the supposition that we are not intitled to name his successor, but must submit to the mode of appointment prescribed in the treaty) & it is to be presumed that the awards woud amount to very much less than may be expected to be given in the present state of the board; the British cases woud then doubtless be all decided against us: Considering that there is by no means a general wish in the Board to Expedite the business before them, I look at this chance (which perhaps is small) with some little apprehension, & mention it that you may Sir if you please consider whether any steps can be taken to diminish it by obtaining more frequent sittings of the Commissioners, if not by fixing upon an absolute period for the ⟨c⟩ompletion of their business. But having ⟨a⟩dverted to this tardiness of the Board, I ⟨o⟩ught in justice to Mr Pinkney to Exonerate ⟨h⟩im from any part in the charge, he has frequently Expressed to me the utmost Earnestness to bring the business to a speedy termination, & I have reason to think that he has very strenuously Exerted himself at the Board to produce a similar disposition; ⟨u⟩nfortunately without Effect; He is of an ⟨o⟩pinion with which I coincide, that if the ⟨c⟩ommissioners woud meet regularly 5 or Even four times pr Week for 12 or 15 months the whole business might be completed; At the rate of twice or three times a week, at the utmost for two or three hours, with occasional vacancies & prorogations, it may be eke’d out to three or four years.
Mr. Lenox intending to return to the United States Hath in compliance with your directions transferred the business of his agency to me, in Consequence of which I have written a circular letter to the consuls of which a copy is inclosed: I have no particular instructions as to my conduct in this department of business, therefore as respects its connection with the admiralty I follow the methods observed by Mr Lenox, & as to the disbursements for the releif of seamen I continue to make them according to the same rules & to the same Extent as before: I have thought it necessary to caution the other consuls against assuming a latitude in making disbursements which might swell the amount of our annual Expenditure in this Country, & yet the provision afforded by the law is really very inadequate to the releif of those in real distress: A longer acquaintance with the character of our sailors has however convinced me that an alteration of the law in this particular woud not be beneficial, & that a superintending discretion ⟨g⟩iven to persons in whose discretion government ⟨ca⟩n confide, woud be more likely to answer ⟨go⟩od purposes; for however valuable this ⟨c⟩lass of our citizens as a body, & however necessary therefore to extend the protection & support of government to them in foreign countries, yet there are amongst them such ⟨a⟩ proportion of dissolute idle and improvident ⟨c⟩haracters, that were they intitled by law to claim any allowance which might suffice for their support (& they most of them learn Enough of law to know what they may claim) the benevolence of government woud be abused, the extent of the charge woud be Enormous, & ⟨w⟩e shoud lose to a very Considerable degree the benefit of their services: The difficulty which Consuls have formerly found in settling their Accounts with government, has restrained them from making large disbursements—& as it is impossible for us to have in all situatio⟨ns⟩ officers who coud be induced to a strict Œconom⟨y⟩ from any other motive, perhaps to give general discretionary powers woud not be adviseable. Under the best regulations the expence of this department must always be very considerable, but permit me Sir to renew a suggestion contained in a former letter; if by legislative provision the masters of vessels coud be placed in the power of the consul, if their papers might be witheld & their ships detained till they had complied with the duties imposed upon them by the law, a great deal of Expence woud be saved & every other good purpose answered: A regular return so much desired by government of the state of our trade might al⟨so⟩ be easily obtained, which under the present state of the law as respects this port I find impracticable; Mr Maury at Liverpool writes to the Same Effect; he says that he ⟨k⟩nows “from 12 years Experience that such returns cannot be had from the masters without the means of compelling compliance.” In this important port only Eleven masters have reported their Vessels since my being in ⟨o⟩ffice! I find it very difficult Even to persuade many of them to take men on board; sometimes after taking them they have set them on shore again in their passage down the river; they discharge them, leave them behind sick, & unprovided for; & are guilty of Numerous irregularities, which with all my exertions I am not able to correct: A great deal of this results from their independance of the Consul in this port, & I have reason to think that some of their consignees here have ⟨c⟩ontributed not a little to this negligence; ⟨m⟩ost or all of our Merchants have their particular correspondents & consignees here who may be presumed to be a little jealous lest the influence of the consul shoud draw some of their busines⟨s⟩ to himself; & tho such apprehensions are vain with respect to me, yet as a general principle probably they consider it wise to discourage as much as possible a communication between the consul & the masters of vessels: amongst this class of our citizens too are of course many who have no disposition but what necessity may create to contribute to any regulations, the sole object of such is their private Emolument & they cannot Extend their ideas to national advantages. Do not these things shew the necessity of some more strict regulations; I mean also Sir to suggest that the want of such regulations is more mischevious in this port than elsewhere.
Mr Lenox has made representations to you respecting the conduct of Messrs Bird & co bankers of the United States in refusing to advance upon the credit of the U. S. the sum necessary to Enable him to settle his Accounts; if on these grounds you shall see fit to change your bankers or to make any alteration in this Establishment, I woud take the ⟨l⟩iberty of recommending that the depositary of the public monies shoud be a banker by business, because the transactions of such a person being confined altogether to money, he has no objection at any time to make the advances that may be accidentally ⟨r⟩equired: Without intending any disparagement to the credit of Messrs Bird & Co it is fair ⟨to⟩ observe that the stability of a banking house Exposed to no speculations or risques, must always be less precarious than that of an house Engaged in mercantile concerns: I coud recommend as persons very proper for this trust Messrs George & Richard Lee & ⟨N?⟩iles Satterthwaite of Lombard Street, a long Established, highly respectable & substantial house.
The regulations respecting Aliens in this country still continue in force; none of our citizens can proceed after landing in the country, or go out of it, or reside in it without the Express permission of government.
As the ships of war are paid off our men are discharged with others, no general discharge of Americans has taken place; particular applications are regularly attended to by the Admiralty, & if the men applied for have proper documents, & have not Entered, they are discharged; but this is of course a slow process, & after all cannot releive nearly the whole of those which we now have in the British service, many being without documents & not in a situation to procure them, many having been induced to enter; & some doubtless who are claimed as British subjects who are on that Account detained tho they may have protections. I have the honor to be Sir With the Most perfect respect Your very obt St
George W Erving
14 June
We have heard by private letters of the ratification of the convention. Since Writing the above I have conversed further with Mr Pinkney respecting the progress of the business at the Board; he expresses himself for the present satisfied with the attention of the English commissioners. After some discussion upon this subject it seems to be ⟨u⟩nderstood that they are to meet only twice ⟨a⟩ week, but to decide from four to six cases: ⟨if⟩ there shoud be no interruption of or relaxation in this plan we may Expect to see the business completed in a year & a half or two years at furthest.

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). Margins of RC obscured by binding. The enclosure (3 pp.; docketed by Brent) is a “Circular to the Consuls,” 3 May 1802.


Title: To James Madison from Stephen Cathalan, Jr., 10 June 1802 (Abstract)
From: Cathalan, Stephen
To: Madison, James

10 June 1802, Marseilles. Mentions that he will soon send a statement of the American ships that entered and left the ports of his district between 1 Jan. and 30 June 1802. Refers to a packet he forwarded to JM on 31 May—under cover of William Lee at Bordeaux—from James Leander Cathcart at Leghorn, including Cathcart’s letter of 21 May. “I have now the honor of inclosing you one from Wm. Eaton Esqre. our Consul at Tunis which I have received yesterday with his Letter to me of the 28th. ulto., on which when Sealed he adds to me on the cover—’May 29th.: The Fregate Constellation Capn. Murray arrived in this bay yesterday.’”

   RC (DNA: RG 59, CD, Marseilles, vol. 1). 1 p. Sent “Viâ Bordeaux.”

   Eaton to JM, 25 May 1802.

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


Title: To James Madison from O’Brien Smith, 10 June 1802 (Abstract)
From: Smith, O’Brien
To: Madison, James

10 June 1802, Charleston. Writes at the request of several merchants of Charleston who wish to have John O’Hara appointed consul at Kingston, Jamaica. “He is a native of this city but has lived at Kingston sever[a]l years as a Merchant, from my Knowledge of him I am sure He will fill the appointment with propriety.” Adds in a postscript, “There is a Mr. Savage who has Acted as agent these two years, but I am informd. the Merchts. of Kingston and Charleston are displeased with him.”

   RC (DLC). 1 p.


Title: To James Madison from George W. Erving, 12 June 1802
From: Erving, George W.
To: Madison, James

Private No 9.
Dear SirLondon June 12th 1802
My last unofficial letter was dated March 6th; not having had the pleasure of hearing from you, & always supposing that my communications may have been found deficient in interest, it is not without apprehension that I again address you: To write too much however is an Error on the right side as long as our correspondent has the priviledge of burning; I conclude too that this may find you at Orange where your time being less occupied my intrusion may be better borne.
I have from time to time such voluminous dispatches to forward to you from Mr. King besides Newspapers, that I presume there can be scarcely an Event relating to the proceedings of this government as well as in the general affairs of Europe, of which you are not particularly informed; from the feild of intelligence therefore I can scarcely glean a flower or the humblest weed to present you. The state in which the treaty of Amiens has placed this Country, & the wise & determined stand which the French have made to the commercial Expectations of Great Britain, naturally give a proportionable importance to the connection with our Country, & induce to a language on all occasions more respectful & friendly, or to speak more properly less haughty & illiberal than formerly; & which probably relying upon our predisposition in their favor they ostentatiously draw into their public debates: You will be diverted too in observing the kind apprehensions which are entertained for us on the quarter of Louisiania by some, & with the imaginations of those who connect with a settlement of the French in that country an immediate & all commanding controul over the Union. There have been some rumours of a change in the administration of this Country & of the return of Mr Pitt into power; that there may be some change is extremely likely, perhaps it woud be wise ⟨in⟩ Mr Addington to call in some of the talent of the last administration to his support, for in this respect his is woefully deficient; but those who pretend to be in the secret, say, that the personal dislike which the king has taken to Mr Pitt deprives him of all chance; for happily such is the state of the public mind, the house of Lords so well made up, parliamentary interest so circumstanced, that the king can now chuse his own Ministers whatever their talent or degree of popularity, & this perhaps during the course of his long reign he has never before been able completely to Effect. The Parliament will in all probability be speedily dissolved; the new parliament will of course contain as many vicars of Bray as the present or any former one, therefore the same Majority in favor of Existing Ministers, & “Existing circumstances.”
It was rationally Expected that the peace amongst many other attendant advantages by opening new markets woud afford a vent for the Stores of this commercial depot; but no such effect has resulted from it, & with respect to West India produce, the prices remain extremely low, & are even lower than before the peace, particularly cotton, it being found that the demand for the cotton manufactured goods of this Country is considerably less now than during the war: I take the liberty of inclosing you a general price Current which in this view is interesting; also, what is not unconnected with it, a statement of the public debt. On the other side the channel Buonoparte seems incessantly occupied as well in the Extension of his own power, as in plans for the glory of France, & perhaps for the domestic happiness of its Citizens; & if it be of no importance that there shoud be Established in that Country principles of government beyond the controul of momentary circumstances, & unassailable by the Ambition of individuals; if national glory & governmental splendor are a good compromize for a pure & safe tho peaceful System; then indeed neither we or they have any thing to regret in their vast accumulation of power, which it must be allowed the great consul Employs for none but good purposes. We hear frequent reports of plots & assasinations from that quarter, but I have seen very intelligent persons from France who tho they allow that the proceedings of Buonoparte have created much discontent, & that all true republicans are decidedly his Enemies; yet are of Opinion that he is perfectly beyond apprehension from any combination against Either his power or his person. Indeed what coud they hope from his death.
“Deploratur in perpetuum libertas, nec vindex quisquam Exsistit, aut futurns Videtur.[“] If he shoud fall he woud be succeeded by some Equally hardy adventurer, prompted by his success & improving upon his Errors.
Buonoparte has appointed to Succeed in this Country to Mr Otto the General Andreossi a great Engineer, & a corsican: The English who have learnt by passed Events to apprehend danger & to suspect design from Every movement of Buonoparte, take it for granted that Andreossi is come to draw plans of their fortifications, & to survey their Coasts rather than to Exercise his diplomatic functions. Mr Otto is we understand to go to the U S, & from this Country instead of Mr Jackson lately intended, we are to have Merry now at Paris; That is a commissary of prisoners from Each Country. I am Dear Sir with Great respect Very faithy your obt Sevt
George W Erving

   RC and enclosure (MHi: Erving Papers). For surviving enclosure, see n. 1.

   Erving enclosed a “State of the British Funds 1802,” a broadside published on 22 May 1802 by John Luffman, London.

   “Men mourned for liberty as for ever lost; nor did any one arise, or seem likely to do so, in its defence,” Livy, Ab Urbe Condita, 3.28.2 (Livy, trans. B. O. Foster, Loeb Classical Library [13 vols.; London, 1922], 2:122–23).

   Antoine-François Andréossy (1761–1828) was trained as an artillery officer and gained the notice of Napoleon during the Italian campaign (1796) and Egyptian expedition (1798). Named French ambassador to Great Britain in 1802, he served only a year before war between the two countries broke out once more (Tulard, Dictionnaire Napoléon, p. 93).


Title: To James Madison from Joseph Pitcairn, 12 June 1802 (Abstract)
From: Pitcairn, Joseph
To: Madison, James

12 June 1802, Hamburg. “I have the honor to hand you enclosed a note from the Regency of Wertheim which explains that property lays there for the claim of heirs now in America. By a letter to Mr Randolph dated the 31 January 1795 from William Hendel Jur. at Tulpehoon, it seems he had discovered the family asked after—& since then nothing further has been done. The Regency desires that you will have the enclosed transmitted to the interested.… A second affair you will find marked No. 2. which regards heirs living under the Regency of Wertheim to a person who died near Philadelphia. It requests that full information should be obtained respecting the property left and directions of the mode proper for its recovery—together with an Offer to aid in Exchanging to the one family an equivalent at Wertheim for what might be paid the other in America.” In a postscript, notes that Randolph’s letter to the regency was dated 17 Mar. 1795.

   RC and enclosures (DNA: RG 59, CD, Hamburg, vol. 1). RC 2 pp.; docketed by Brent as received 16 Sept. Enclosures are two one-page statements (in German), both dated 23 Dec. 1801.

   On 28 Sept. 1802 Daniel Brent requested William Hendel, Jr., of Tulpehocken, Pennsylvania, to “notify the heirs of John Christophe Shabe” of the information sent by Pitcairn and to “inform them that this Department will cheerfully render its aid, to facilitate the recovery of the property to which, it seems they are entitled by forwarding the evidences of their title to our Consul at Hamburg.” In the case of “John Philip Weiss, who, it would appear, died at Reading, without Heirs in this country,” Brent asked Hendel to procure “such information as may be useful towards the elucidation of the claim” (Brent to Hendel, 28 Sept. 1802 [DNA: RG 59, DL, vol. 14]).

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


Title: To James Madison from Benjamin F. Timothy, 12 June 1802 (Abstract)
From: Timothy, Benjamin F.
To: Madison, James

12 June 1802, Charleston. Encloses his account for publishing the laws of the U.S. passed during the second session of the Sixth Congress.

   RC and enclosure (DNA: RG 217, First Auditor’s Accounts, no. 13,519). RC 1 p. In the enclosed account (1 p.; signed by JM and dated 24 June 1802 at the auditor’s office), the amount of $47.50 has been supplied.


Title: To James Madison from Thomas Sumter, 13 June 1802
From: Sumter, Thomas
To: Madison, James

Dear sirStateboro, 13th. June 1802
When at the seat of Governt. I mentioned to the Govr. of So. Caroa. that I had made his request known to you in regard of an authentid. coppy he Wanted, of the first return made of the Numr. of the Inhabitce. of Said State—that you had politely assured me one Should be Prepaired accordingly—but at the Same time remarked the press of business in your office was Excessive. He has lately informd Me that the object he had in View is attained or within reach Without Giving farther Trouble.
I now Sir—take the liberty conformably to your friendly offer, to convey to My Son any of my communication to him Which might be Sent to your office. I therefore beg you will have the Goodness to cause the enclosed to be forwarded as Early as may be.
Some time Since in a letter to the President of the Ud. States, I mentioned Several persons who I thought Well Quallified to act as Commissioners in cases of insolvency. I Should be Gratified to Learn that it was recd. & the Characters designated approved of.
It would Seem Very extraordinary to Say, that at this time under the Greatest Droughth ever known in this country, the Crops are more promising than were ever Seen in it—our large rivers for navegation—as well as Smaller watercourss. are rendered of little use—and have been in this State ever since the past Summer. Still the slight rains, or Mists, with unusual falls of dew, has Proved Sufficient to nurrish & promote Vegitation in the degree before mentioned.
I hope you had an agreable jour⟨ney⟩ to Orange and that you & Good family now enjoy perfect health. I am Dear sir With perfect respe⟨ct⟩ your obt. Servt.
Thos. Sumter

   RC (DLC). Docketed by JM.

   Sumter apparently wrote to Jefferson on 30 May 1802 (not found, but listed in Jefferson’s Epistolary Record [DLC: Jefferson Papers] as received 17 June).


Title: From James Madison to Levi Lincoln, 13 June 1802 (Abstract)
From: Madison, James
To: Lincoln, Levi

13 June 1802, Department of State. “The Secretary of State presents his compliments to the Attorney General of the United States and requests his opinion on the points stated in the enclosed letter of the 9th. inst. from the Secretary of the Treasury—all the documents relating to the case which were received from Mr. Gallatin being also herewith sent to Mr. Lincoln.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. For the enclosed letter and documents relating to the case of the French schooner Peggy, see Gallatin to JM, 9 June 1802, and nn.


Title: From James Madison to Charles Pinckney, 13 June 1802 (Abstract)
From: Madison, James
To: Pinckney, Charles

13 June 1802, Department of State, Washington. Introduces the bearer, William Cooke, who has a claim against Spain “which he is going to Madrid to prosecute—and it will of course be patronized and urged by you as far as may be proper.”

   Letterbook copy (DNA: RG 59, IM, vol. 6). 1 p. This letter evidently was never delivered, for Cooke did not sail for Madrid until 1803 (see JM to Pinckney, 22 Dec. 1802 and 7 Apr. 1803 [ibid.]). For Cooke and his claim, see Cooke to JM, 27 Nov. 1801, and JM to Cooke, 3 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:277 and n. 1, 438).


Title: To James Madison from Richard O’Brien, 14 June 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

14 June 1802, Algiers. Describes two Tripolitan corsairs that arrived on 10 June and departed “this morning … in Search of Americans and Swedes.” “They Say they are about 20 days from Tripoli Sailed with 3 others, and those 2 has Coasted it down the Barbary Shore to Algiers. They report that the Swede and American frigts. Cruises a long way of[f] and durst not approach on account of the Gun boats.” Has heard reports that the Swedes and Americans attacked Tripoli and destroyed its sea batteries and gunboats, but letters from Tunis of 28 and 31 May do not mention the affair. States his opinion that the U.S. should “attack [Tripoli] with force and finish at Once a war which on its present System will drain The UStates of Vast Sums and not be Terminated in a few years.” Recounts details of the Algerine capture of the Portuguese frigate Cisne and lists several other Algerine captures, including a British brig at Mahón; the latter “detention is to irritate and to try to Bring About the payment on the part of the British of Old Algerine Claims” of $187,000, but the British consul warned the Algerine minister that condemnation of the brig would result in war. Should there be a “sudden rupture” with Algiers, one frigate convoying merchant vessels will not be enough to secure American trade. Complains that he cannot save U.S. vessels from condemnation when “our meditteranian passports is defective [and] our Consuls in This Sea gives American papers to Vessels which Cannot be legally Considered Americans.”
“The large Schooner built by Humphreyes & Hutton is rotten & Condemned The 2d Schooner is all but gone and the Brig and frigt. is nearly in the Same prediciament. This circumstance will Enrage the dey—and he will Say we deceived him.” Reports the conditions of recent peace agreement between Spain and Algiers; the result of this “Shamefull Bombast of Spain” will be increased calls by the dey for money and presents from other nations.

Under date of 21 June, relays report of the capture of an American brig and crew off the coast of Spain by one of the Tripolitan corsairs that sailed from Algiers on 14 June. In answer to his demand that the brig and crew be turned over to him, he was told that “it would be Something new and Extraordinary for one State of Barbary to take away The Christians and prizes from the power of another State.” Has offered the Algerine prime minister and other officials “the Sum of … 7 thousd. dollars to Extricate the Brig Cargo and Crew out of the power of the Tripolines.” Adds on 26 June that the Tripolitan corsair “this morning at 6 A.M. Entered the port of Algiers” with the American brig Franklin and its crew, the corsair carrying a reversed American flag on its prow. Reiterated his arguments to the minister of marine and prime minister, who stated them to the dey. Through the minister of marine, the dey offered $5,000 to the Tripolitan captain for the nine American prisoners, the brig, and the cargo; the captain refused, saying “that it was by haveing possesion of them that his Master The Pascha would find Thereby means to Bring The Americans to a peace on Tripoli Terms.” On 28 June the dey ordered the corsair with its prize to leave port, which it did the same day. Recommends that the U.S. attack Tripoli and make a remonstrance to Algiers “on the deys bad faith in his gaurentee of the US treaty with Tripoli.” “I hope the US. has too much Spirit to be treated with Contempt by the Barbary powers.… We will have to take this position and The Sooner we do it the better.” Reminds JM of his frequent requests for money. “I am Sorrow to add that neither Money or letters I have recd none.… Here I am at The Mercy of The Jew directory.”

   RC (DNA: RG 59, CD, Algiers, vol. 6). 7 pp.; docketed by Wagner. Below his signature, O’Brien noted: “Sent by me open for the perusl. of the American Ambasadr. at Madrid—& for him to forward for The UStates.” Extract printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:463–64.

   Joshua Humphreys (1751–1838) and Nathaniel Hutton were Philadelphia shipbuilders. Humphreys, one of the early republic’s first naval architects, served as U.S. naval constructor from 1794 until 1801. He was responsible for the superior design and construction of the first six frigates of the U.S. Navy. Of the vessels built for the dey of Algiers by the U.S., the frigate Crescent was constructed at Portsmouth, New Hampshire, and the brig Hassan Bashaw and the schooners Skjoldebrand and Lelah Eisha were built at Philadelphia by Humphreys and Hutton (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:232; Allen, Our Navy and the Barbary Corsairs, pp. 60–62).

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


Title: From James Madison to Alexander J. Dallas, 15 June 1802
From: Madison, James
To: Dallas, Alexander J.

Sir,Department of State June 15. 1802.
Mr. Olsen the Danish Minister Resident has complained of Captn. Maley in capturing a Danish vessel the Mercator, which was afterwards lost by capture, whilst under the American Flag, by a British Armed vessel, and condemnation in a British Court of Admiralty. He has represented also, in behalf of the Danish owner, that Captn. Maley is both absent from the United States and in a state of insolvency; and requests that the proper mode of redress may be pointed out.
He was informed that notwithstanding the absence of Captn. Maley a judicial investigation of the case could be effected thro’ an attorney of the United States, and that the necessary steps would be taken as soon as he should signify the District preferred by him.
I have just received an answer from him, requiring that the judicial proceedings may be had in Philadelphia.
You will please therefore, Sir, to concur in instituting the proper proceedings, by appearing in behalf of Captn. Maley; in whose defence the United States are interested.
I inclose for your information on the subject the protest of the second Lieutenant under Captn. Maley, who was prize master of the Mercator, and of another person belonging to the Experiment; and also the decree of the British Court of Vice Admiralty which condemned the Mercator. These are the only documents which I am able to forward for the purpose. I am very respectfully &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosures not found, but see n. 3.

   For Blicherolsen’s charges, see his letters to JM of 16 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:400–401 and n. 1) and 12 Apr. 1802.

   Blicherolsen to JM, 6 June 1802.

   It is likely that these supporting documents were included in JM’s report to the House of Representatives, 12 Apr. 1806, and were among those burned during the British invasion of Washington in 1814 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 332–33).


Title: From James Madison to John Read, Jr., 15 June 1802
From: Madison, James
To: Read, John, Jr.

Sir,Department of State June 15. 1802.
Mr. Thornton the British Chargé d’Affaires has expressed a wish that Mr. Smith the British Agent under the 6th. art: of the Treaty of 1794. may be permitted to take such copies and extracts from the American papers now in your custody as may be of use in adjusting claims of British subjects on their Government. It being considered by the President as altogether proper that the application should be complied with, you will please to give it the due effect, by opening the papers to Mr. Smith, and making his intended use of them as convenient to him as may be. I am very respectfully &ca.
James Madison.

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


Title: From James Madison to James Blake, 16 June 1802
From: Madison, James
To: Blake, James

Sir,Department of State June 16. 1802.
Your letter of the 17th. May was duly recd. As it appears that you have relinquished the intention of now going to Europe, and the arrangement suggested by you, of performing the duties of Consul at antwerp by the agency of another, does not coincide with the views of the President, he has thought proper to appoint to that office another Gentleman who is now in France. I am &ca.
James Madison.

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

   In place of James Blake, Jefferson appointed Isaac Cox Barnet (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:433).


Title: From James Madison to Louis-André Pichon, 16 June 1802
From: Madison, James
To: Pichon, Louis-André

Department of State 16. June 1802.
Mr. Madison has the honor to inform Mr. Pichon that the case of the Portuguese Brig la Gloria dal mar, recaptured by an American Ship of War from a french armed Schooner, and which is a subject of his note of the 14. day of April 1802. has been taken into consideration, and that in several views the claims of the captors against the United States do not appear to be in any respect warranted by the convention of Septr. 30. 1800.
The final disposition of the Brig having taken place prior to that date, and consequently no requisition relating to it being their [sic] depending, the case in that view alone is so clearly not within the purview of the Convention, as to render unnecessary any particular discussion of other circumstances involved in it. Mr. Madison begs Mr. Pichon to accept his respectful consideration.

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


Title: To James Madison from Rufus King, 16 June 1802 (Abstract)
From: King, Rufus
To: Madison, James

16 June 1802, London. Acknowledges JM’s private letter of 7 Apr. conveying the president’s permission to visit France and neighboring countries. Has no plans at the moment; might spend a few weeks at Paris in July or August. His secretary, John Pickering, returned home several months earlier; “I have expected as his successor my Nephew Mr. H. Southgate, who will probably arrive in the course of the summer.” In the interim, John Munro of Scotland has undertaken those duties and been given the pay. If King extends his leave or goes beyond Paris, Christopher Gore will serve as chargé d’affaires during his absence with no expense to the public.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 1 p.; marked private; in a clerk’s hand, signed by King; docketed by Brent. Printed in King, Life and Correspondence of Rufus King, 4:140.

   King and his family left England on 15 Aug. and traveled through the Netherlands, Germany, Switzerland, and France. They returned to London 17 Nov. 1802 (Ernst, Rufus King, p. 233).

   John Pickering (1777–1846), lawyer, linguist, and eldest son of Timothy Pickering, had been King’s secretary for about eighteen months when he returned to Boston in October 1801.

   Horatio Southgate was the son of King’s sister Mary and Dr. Robert Southgate of Scarborough, Maine (King, Life and Correspondence of Rufus King, 1:2–3, 4:154).


Title: To James Madison from Thomas Paine, 16 June 1802
From: Paine, Thomas
To: Madison, James

Letter not found. 16 June 1802. Calendared as a three-page letter in the lists probably made by Peter Force (DLC, series 7, container 2). Also calendared by JM in his list of letters from Thomas Paine, 1795–1807 (DLC).


Title: To James Madison from Thomas Stockton, 16 June 1802
From: Stockton, Thomas
To: Madison, James

Letter not found. 16 June 1802. Acknowledged in Daniel Brent to Stockton, 28 June 1802 (DNA: RG 59, DL, vol. 14). Encloses his account as clerk of the U.S. district court of Delaware. In his reply Brent challenged the charge of $25 for “searching the Dockets of the Circuit Court for the District of Delaware,” because it was already covered by a charge for transcribing the records of that court. Brent indicated that the account would be paid “after a reduction shall have been made agreeably to the foregoing suggestion.”


Title: To James Madison from Arthur St. Clair, 17 June 1802
From: St. Clair, Arthur
To: Madison, James

Sir,
June 17th. 1802
In a conversation with the Secretary of the Navy, a day or two ago, on the subject of the fees which it has been said have been demanded and received by me, for which there was not warrant by Law—I asserted to him, as I had done in my general Vindication, that no fees had ever been received by me that were not expressly granted by Law, and the Laws authorising the fees for Tavern Licenses and Commissions to certain Officers were pointed out. But the two first Volumes of the territorial Laws, printed at Philada. by order of Congress under the direction of the Secretary of State, and by him transmitted to me to be distributed, are not to be found in the Office. In one of them, ⟨I am?⟩ most positive there is a Law authorising the fee for marriage Licenses, but a doubt struck across my mind that the fee which had been taken for ferry Licenses was not authorised, and had been demanded on the principle of a Quantum meruit. It is a doubt only, but candor obliged me to acknowledge that doubt to him and to state it likewise to you. Be pleased Sir to consider that the ferry Licenses were a public Act, under the Seal of the Territory, whereby the parties accquired a freehold in the ferries, and could not be ousted from them, but in consequence of a breach of the conditions asscertained by a Jury—that there was no Law prohibiting the taking reasonable fees for Services done, and that I knew it to be customary in some of the States, and particularly in Pennsylvania & New York, where, tho’ the Salarys are very liberal, the fees amount to a large Sum—that I conceived I had a right to demand a fee, and that the fee demanded was not exorbitant, taking into view the benefits accruing to the parties paying it—that it could not have been demanded from avaricious motives, the whole amount, received by me not exceeding ten Guineas that the Salary was in fact no compensation for the labour and expense to which I was exposed, in the execution of the Office and that, when I refused to accept it at the Salary it was pressed upon me by my freinds in Congress, as a thing of no moment, as the opportunity of acquiring landed property would rendered [sic] the Office an object even without Salary. The price, however, and the terms of payment, at which the public Lands were set, put it absolutely out of my power to carry that expectation into effect. But, supposing that no Law exists to justify this demand, and that I have been mistaken in supposing I had a right to take any thing on the principle of a Quantum meruit, Bear with me, I pray you, when I take the liberty to observe that it seems hard that one mistake should cancel the merit of thirteen years Service attended with a degree of labour and difficulty that not a great many Men either could or would have gone through. Be assured, Sir, it is no easy matter to conduct and keep in order a new Settlement, composed of people gathered together from the four winds, with habits manners and customs as different as their faces and to amalgamate and reduce them to one Mass. This however and more so when they scattered over an extent of country near a thousand miles in length ⟨was in?⟩ great measure effected. I have led the Colony Sir, from thirty Men till now that they near double that number of thousand⟨s⟩ without the smallest Symptom of discontent, until about five years ago, and that discontent, confined to a small part of the territory and proceeding from a Circumstance very trifling in itself. Allow me to say Sir, that had the Government been oppressive—had not the Governors conduct been generally approved, such numbers of people would not have flocked to seek protection under him, and that very circumstance is, at least, prima facie evidence that it was not ill administered.

   Draft (O). Damaged by folds and tears. The editors are grateful to Gary J. Arnold of the Ohio Historical Society for his assistance in reading the damaged portions.

   Quantum meruit: “as much as he deserves. The common count in an action of assumpsit for work and labor, founded on an implied assumpsit or promise on the part of the defendant to pay the plaintiff as much as he reasonably deserved to have for his labor” (Black’s Law Dictionary [5th ed.], p. 1119).

   The Republican opposition to St. Clair was centered in the Scioto Valley counties of Ross and Adams, and it was a 1798 altercation over the location of the county seat in the latter county to which St. Clair referred (Andrew R. L. Cayton, The Frontier Republic: Ideology and Politics in the Ohio Country, 1780–1825 [Columbus, Ohio, 1986], pp. 59–61, 70).


Title: To James Madison from James Simpson, 17 June 1802
From: Simpson, James
To: Madison, James

No. 42.
Sir
Tangier 17h. June 1802.
Its with great concern I am under the necessity of acquainting you, that either the information given the Swedish Consul and myself on Sunday last, respecting His Imperial Majesty having consented to allow his Wheat Vessels to go to Tunis, was extremely fallacious on the part of the Governour of Tangier, or the Emperour must have very speedily repented of having taken that resolution. This morning at Nine OClock the Governour sent for me again, to say he had received fresh Instructions from His Majesty, with Orders to demand from me Passports for those Vessels to go direct to Tripoly, and in case of refusal that I was to quit the Country, adding that the Letter was written in such strong terms, as must prevent his consenting to any mitigation. After a very long conferrence, he at last however allowed me time to write to Commodore Morris at Gibraltar, which I am now about to do fully, on his answer will depend my remaining in this Country, or being compelled to retire from it. As a Portuguese Brig of War is on immediate departure for Gibraltar, I must beg your excuse for not enlargeing farther, than to assure you nothing possible for me to accomplish, for good of the Public Service on this occasion, shall be neglected. I have the honour to be with sentiments of the highest respect Sir Your Most Obedient and Most Humble Servant
James Simpson

   RC (DNA: RG 59, CD, Tangier, vol. 1). At the bottom of the letter, Daniel Brent wrote: “I have in consequence of this letter, requested Mr Sheldon, at the Secy of the Treasury’s Office, to suspend issuing the warrant for the Gun Carriages ’till your determination shall be known. The Gun Carriages, themselves, would not, at all events, be shipped At an earlier day.” Jefferson communicated an extract of the RC to Congress with his annual message on 15 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:466).

   In his letter to Richard Morris, Simpson offered his opinion that “it is better to grant the passports than to come to a rupture with this country.” In reply, Morris asked Simpson to “urge the necessity of the Emperor’s suspending his determination” until the arrival of the Adams with instructions from the secretary of the navy (Simpson to Morris, 17 June 1802, Morris to Simpson, 19 June 1802, Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:181–82, 182–83).


Title: From James Madison to James Maury, 17 June 1802 (Abstract)
From: Madison, James
To: Maury, James

17 June 1802, Department of State, Washington. “Your letter of the 10th. April last has been duly received. According to the rule now in practice, all such accounts as yours are to be settled at the Treasury Department. It will be proper therefore that you forward them to that Department with the requisite vouchers. As soon as the balance shall be authenticated, you may receive payment either here or in England, as you prefer.”

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


Title: To James Madison from Lange and Bourne, 17 June 1802 (Abstract)
From: Lange and Bourne
To: Madison, James

17 June 1802, Amsterdam. “By the request of our friend and Partner Mr. Sylvs. Bourne, we have the honor to send you hereby some Leyden newspapers up to the 15 Instt. which we hope will meet you in a perfect State of health! We are Sorry to mention at same time that Mr B: is since some time unwell of a nervous fever in Consequence of his Lady’s Sickness.… This has induced him as his indisposition prevents a regular attention to the duties of his office, as Consul general, to give ad interim proper powers for that purpose to Mr. Herman Hendrik Damen and due notice is given thereof to the Collectors of the different ports of the United States.” Postscript adds that “as Mr B. appears to be in a way of recovering we hope he will Soon be able to attend to the business again himself.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 2 pp.

   Bourne’s business partner was Johann Wilhelm Lange; their partnership dated from 1797 (Van Winter, American Finance and Dutch Investment, 1:432–33 n. 27).

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


Title: To James Madison from John P. Van Ness, 17 June 1802 (Abstract)
From: Van Ness, John P.
To: Madison, James

17 June 1802. “The Gentlemen whose names I wish you to mention to the President for the Office of Commissioners of Bankruptcy for the State of N. York under the late Act are, in the City of Hudson David Laurence; in the City of N. York William P. Van Ness & William Paulding. The two latter, altho’ not immediately within my District, I have heretofore taken the liberty to suggest to the President.”

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


Title: To James Madison from James Maury, 18 June 1802 (Abstract)
From: Maury, James
To: Madison, James

18 June 1802, Liverpool. “I had the Honor of presenting you with the State of this market for American produce on the 5th ulto. In this you have the prices of the day for the same, as well as of other articles of import from the United States.”

   RC and enclosure (DNA: RG 59, CD, Liverpool, vol. 2). RC 1 p.; in a clerk’s hand, signed by Maury. Enclosure (1 p.; docketed by Brent) is a printed form listing produce that “May be imported for Exportation in American Ships,” including sugar, coffee, hides, Nicaraguan wood, cotton, and indigo, with prices and remarks added by hand.

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


Title: To James Madison from Josiah Tattnall, Jr., 18 June 1802 (Abstract)
From: Tattnall, Josiah, Jr.
To: Madison, James

18 June 1802, Executive Department, Louisville, Georgia. Encloses an act of Georgia, passed 16 June, ratifying the articles of agreement between the commissioners of Georgia and the U.S. concluded 24 Apr. 1802.

   Tr and Tr of enclosure, two copies (DNA: RG 46, President’s Messages, 7A-E1; and DNA: RG 233, President’s Messages, 7A-D1); letterbook copy (G-Ar: Executive Department Minutes). Tr 1 p.; marked “(Copy).” Tr of enclosure 11 pp. Tattnall’s letter and enclosure were transmitted by Jefferson to Congress in his message of 15 Dec. 1802. A copy of the letter in the Georgia governor’s letterbook (G-Ar) is dated 12 July 1802.


Title: From James Madison to James Fairlie, 19 June 1802
From: Madison, James
To: Fairlie, James

Sir,
Department of State. 19th. June 1802

In pursuance of an Act of the last Session of Congress, authorising the President of the United States to appoint Commissioners of Bankruptcy in the several districts composing the United States, he has selected yourself together with John Broome, William Edgar, Jonathan Pearsee junr., Daniel D. Tompkins, Nathan Sandford, Abraham G. Lansing, Nicholas V. Quackenbush and Georg Merchant Esquires, to be Commissioners for the District of New York; and I have the pleasure herewith to enclose your commission. I am, very respectfully, Sir, Your obedient servant,
James Madison

   RC (NjP: Crane Collection). A printed form letter, signed by JM, with date, names, and place supplied in an unidentified hand (indicated here by the use of italics). Enclosure not found. JM’s subsequent letters appointing commissioners of bankruptcy will be omitted.

   By section 14 of “An Act to amend the Judicial System of the United States,” 29 Apr. 1802, the power to appoint commissioners of bankruptcy, as delineated in “An Act to establish an uniform System of Bankruptcy throughout the United States,” 4 Apr. 1800, was given to the president of the U.S. (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:19–36, 164).


Title: To James Madison from William Madison, 19 June 1802
From: Madison, William
To: Madison, James

Dr. Brother
19th June 1802
Mr Taylor, having had the Measles, could not draw the Bill & Answers ’till lately since which I have been indisposed myself. All the Answers are made out, except Nelly’s, & hers will be ready in a few days. You, Myself & the grand children are Dfts. and answer seperately. Mr Taylor has drawn the Bill very full & I trust will bring the case fully before the Chancellor. If Council shd. be satisfied with the decree it will be unnecessary to go to the Court of Appeals for the same reservation in favor of Infants will be made there as in Chancery. The only way to prevent the Infants reviving their Claims wd be to make them Plfts. the right to do which is very questionable.
I shall forwd your answer in a few days, by the Mail. It will be unnecessary to send you the Bill as it complains generally. I am as anxious as any one for a decree. Love to all with you
Wm Madison

   RC (NjP).

   For the complex legal actions involved in the settlement of the estate of James Madison, Sr., see William Madison to JM, 22 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:124–25 and n. 1).


Title: To James Madison from Louis-André Pichon, 19 June 1802
From: Pichon, Louis-André
To: Madison, James

Georgetown le 30. Prairial an 10. (19. Juin. 1802.)
Le citoyen Pichon à [sic] l’honneur de présenter Ses respects à Monsieur Madison et de lui adresser copie.
1e. d’une lettre qu’il vient de recevoir de l’ordonnateur en chef (quarter Master general) de l’armée de la République française à St. Domingue qui répond, comme le verra Monsieur Madison, à diverses lettres écrites à l’administration de St Domingue par le Cen. Pichon au Sujet des plaintes élevées par le commerce Americain, Dans les premiers tems de l’arrivée de l’armée francaise.
2e. D’une lettre que le Cen. Pichon a écrite au Général Leclerc relativement à M. & M. Davidson et Rogers.
L’objet du Cen. Pichon, en communiquant à Monsieur Madison la premiere piece, est d’instruire le Gouvernement des Etats Unis des dispositions de l’administration de St Domingue: dispositions dont la force des circonstances a pu Seule faire dévier, Dans la partie de la colonie où des catastrophes inesperées ont presque compromis l’existence des troupes et des vaisseaux de la République. Cette correspondance fera en même tems connaître à Monsieur Madison les efforts que le Cen. Pichon a faits de bonne heure pour contribuer autant qu’il est en lui au redressement des plaintes que le commerce americain a pu avoir à porter: plaintes qui d’après la lettre de l’ordonnateur général, paraissent avoir été exagerées.
Les mêmes Sentimens portent le Cen. Pichon à communiquer à Mr. Madison la Seconde piece. Elle Servira en outre à démontrer à Mr. Le Sécrétaire d’Etat combien Sont éloignés de la vérité les bruit qui ont attribué au Cen. Pichon une part dans ce qui est arrivé à St. Domingue aux deux personnes qui en Sont l’objet.
Le Cen. Pichon doit aussi informer Mr. Le Sécrétaire d’Etat qu’il a reçu dernierement du Gal. en chef des directions relatives aux Sommes qui ont été déposées dans les caisses publiques à St. Domingue pour le compte de Mr. J. Low qui est décédé au Cap quelques Jours après qu’il eut lui même porté ces Sommes à bord d’un vaisseau de l’armée. Mr. le Sécrétaire d’Etat Se rappelera probablement que cette affaire a été présentée, dans le tems, Sous un Jour extrêmement défavorable et irritant. Le Gal. en chef a invité le Cen. Pichon à prendre des renseignemens Sur les personnes ayant droit à cet argent et, Jusqu’à la réponse du Cen. Pichon, a refusé de le remettre au frère du décédé, Mr. Cornelius Low, vû que Mr. J. Low était mort en faillite. Les personnes à qui appartiens la propriété Sont des Négocians de Baltimore à qui le Cen. Pichon S’est empressé de donner les avis et les lettres propres à les diriger. Ces négocians viennent d’envoyer leurs papiers au Cap et ils n’éprouveront aucune difficulté pour recouvrer la propriété.
Le Soussigné prie Monsieur le Sécrétaire d’Etat de vouloir bien porter le contenû de ces pieces à la connaissance de Monsieur le Président des Etats Unis, et de recevoir l’assurance de Sa respectueuse et haute consideration.
L. A. Pichon

Condensed Translation
Pichon presents his respects to JM and encloses copies of (1) a letter he has just received from the quartermaster general of the French army at Saint-Domingue, responding to letters Pichon had written on the subject of complaints made by American merchants after the arrival of the French army at that island; and (2) a letter that Pichon wrote to General Leclerc on the subject of Davidson and Rodgers.
His object in enclosing the first letter is to inform the U.S. government of the dispositions of the authorities in Saint-Domingue, dispositions that could only be altered by the force of circumstances in the part of the colony where catastrophes have jeopardized the existence of French soldiers and ships. The letter will also inform JM of Pichon’s early efforts to redress the complaints of American merchants, complaints that, according to the quartermaster general, seem to have been exaggerated.
The second letter will serve to demonstrate to JM how far from the truth was the report that attributed to Pichon a part in what happened to the two captains.
Pichon must also inform JM that he has lately received directions from Leclerc about the sum deposited in the public treasury in Saint-Domingue for the account of J. Low, who died at the cape several days after he carried this money on board a French armed ship. JM will probably remember that this affair was presented at the time in an extremely unfavorable and irritating light. Leclerc has asked Pichon to inquire about persons having a right to this money and has refused to give it to the dead man’s brother, Cornelius Low, before hearing from Pichon, seeing that J. Low died in bankruptcy. Those who own the property are Baltimore merchants, to whom Pichon hastened to give notice along with the proper letters to direct them. These merchants are sending their papers to the cape, and they will have no difficulty in recovering the property.
Asks JM to inform the president of the contents of these letters.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon; docketed by Brent as received the same day. For enclosures, see nn.

   Hector Daure to Pichon, 4 Prairial an X (24 May 1802) (4 pp.; in French). The quartermaster general’s letter, in response to Pichon’s letters of 5 and 11 Apr. 1802, explained that the violence in the days following the invasion of Saint-Domingue, especially the burning of Cap Français, forced the French to rely on American cargoes for their supplies. The embargo was enforced out of fear that these supplies would find their way to the rebel camp. Items were bought by the army, giving one-quarter of the price in cash and the balance in bills on France. The profit that resulted was far more than the Americans could have expected with the island in flames, Daure asserted, and no sooner was the army victorious than Leclerc lifted the embargo and opened all the island’s ports.

   Pichon’s letter to Leclerc, dated 17 Floréal an X (7 May 1802) (4 pp.; in French) informed the general of JM’s displeasure over the imprisonment of John Rodgers and William Davidson. Pichon wrote that he agreed with JM, noting that Rodgers could not be held responsible in Saint-Domingue for acts he had committed in the U.S. As for Davidson, Pichon went on, a ship’s name, however suspicious, did not constitute a crime, and in any case, both men had the right to a speedy judgment; they should not be held indefinitely on vague charges.

   For the case of Jonathan Low, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:508, 513, 516.


Title: To James Madison from John Steele, 20 June 1802
From: Steele, John
To: Madison, James

Sir,
Natchez. Mississippi Territory. June 20th. 1802.
It is with much reluctance I prevail on myself, so far to intrude upon you, as to request your attention to a subject which concerns myself only.
Having gone nearly through a term of twenty one years in various public employments, without the colour of censure, cast upon my integrity or honour, and being desirous to preserve the small share of fame, I might thereby be entitled to, I wrote to my Friend (who I presume is known to you) on the 23rd. of January last, informing him that “on him alone I relied to see that no unfair advantage was taken of me.” This Letter he answered on the 29th. of April, as follows.
“The very day your Letter came to hand I waited on the President, and Secretary of State, expressed, to them your wishes to be continued in the Office you now hold, and urged the propriety of your reappointment by every argument which friendship and a consciousness of your merit could suggest. They assured me that they saw no objection to the application, provided you stood well with the Governor of that Territory, but as it was important that a good understanding should subsist between the Governor and Secretary, and as they had received no communication from him on the subject, nothing would be done until information on that head could be obtained. Last evening, I had some conversation with  from which I learned that representations have been received by the President, stating that you are not on confidential terms with the Governor, that you concur with Colo: Sargent in views and measures tending to lesson the influence of the Governor &c. He did not say from whom these representations came, but I fear they have made impressions unfavorable to your views and my wishes to serve you. I shall call tomorrow on Mr. Madison to know how the business stands and shall write again on this subject.”
As this charge if true, would very justly tarnish or throw down, the merit of my whole life, I have taken the liberty of enclosing to you a Copy of my reply to my Friend, under a hope that it will be considered sufficient ground on which to suspend a final decision, and one that is to mark the purity or impurity of my character for ever.
I remember Sir, when it was my pride, to admire your Talents and virtues, I remember when I would have thought it highly honorable to merit your esteem. These sentiments are not extinguished, and I assure myself, that such is your love of Justice that you will take pleasure in expressing to the President of the United States my desire, that my Accuser may be made known to me, and that I may be indulged in attempting to shew the accusation is not founded in fact. For sure I am, his wisdom and humanity, will dispose him to continue open the way to a fair decision rather than hasten to close a proceeding which is to cast the first stain upon a life devoted to honorable pursuits. Had I gone out of Office without accusation, the world should not have heard from me a single murmur—now to be silent would be a crime against myself, and those who have honored me, with their friendship. With high respect and Consideration I have the honor to be Sir your Obedient humble Servant
John Steele

   RC and enclosure (DLC: Jefferson Papers). Cover dated Frankfort, Kentucky, 17 Aug. 1802. Docketed by Brent as received 31 Aug. For enclosure, see n. 4.

   Steele’s friend was Senator John Brown of Kentucky. Steele had written Brown on 23 Jan. 1802 that he hoped to be reappointed as secretary of the Mississippi Territory, and he asked the senator to intervene with the administration on his behalf if necessary (DNA: RG 59, LAR, 1801–9).

   Steele left a blank space here.

   Jefferson had received comments from Governor Claiborne that left no doubt he wanted Steele replaced when his term of office expired (Claiborne to Jefferson, 4 Mar. 1802 [DLC: Jefferson Papers]). For Jefferson’s comments, see his letter to JM, 6 Sept. 1802.

   In the enclosed letter of 16 June 1802 (6 pp.), Steele explained the rift between Claiborne and himself as a misunderstanding, resulting from an “incident of a private nature” and not a difference of political opinion. He protested that he had contributed his best efforts toward the success of Claiborne’s administration despite being severely ill from August 1801 to April 1802.


Title: To James Madison from Dabney Carr, 21 June 1802
From: Carr, Dabney
To: Madison, James

Sir:
Washington. June 21st. 1802
I intended to have waited on you, at your Office, today, on the subject of the enclosed letter; but unluckily deferred my walk, till I found, that you had returned to your own house. I am obliged to leave the City this evening, & have therefore thought it best, to communicate with you on the subject in this mode. If in doing this, I make a faux pas, it will, I trust, be attributed to my entire ignorance of the etiquette of applications. An acquaintance of long standing, with Mr Hanson, strengthened by the uniform testimony of all unprejudiced persons, authorises me to say that he is a man, of unblemished reputation, incorruptible integrity, & of great diligence & industry in performing the duties of an office he has undertaken. Mr Hanson is considered by those who know him, as a man of fine talents, & general information—whether he be competent to supply the place of Mr Wagner, it would be presumptuous in me to undertake to decide—this however, you can easily ascertain, if you should be inclined to make trial of him.
If it were proper, I could add, that, Mr Hanson, by his difference with the Directors of the Bank of Columbia, has been thrown out of the receipt of a handsome annuity, & has now litterally nothing to support himself & a large family.
The letter enclosed, you will be so good as to give into the care of Capt’n Lewis. Yrs with respect
D Carr

   RC (DLC). Docketed by JM. Enclosure not found.

   Jefferson’s nephew Dabney Carr, Jr. (1773–1837), had been left in JM’s care during his friend’s residence in France as U.S. minister. Carr later served as justice of the Virginia supreme court of appeals, 1824–37 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 8:33 n. 6).


Title: To James Madison from John Steele, 21 June 1802 (Abstract)
From: Steele, John
To: Madison, James

21 June 1802. Encloses a copy of a letter he wrote to the secretary of the treasury for JM’s perusal and asks JM to return it when convenient. “It would be agreeable … that the President shd. see it; but … the Secry. of the Treasy. may perhaps have shown to him the original.”

   RC (Nc-Ar: Steele Papers). 1 p. Printed in Wagstaff, Papers of John Steele, 1:283.

   Steele’s letter to Gallatin, 4 June 1802, commented on “the Report of the Committee of investigation which relates to the expenses of removal from the City of Philadelphia to the permanent seat of Government.” The committee report had cast doubt on the legality of certain payments to executive branch officials for the removal of their offices to Washington, and Steele’s letter was intended to convince Gallatin that the payments were “defensible as well in an equitable sense, as according to the strict letter of the law” (printed ibid., 1:275–81).