Title: To James Madison from Jacob Wagner, 17 August 1801
From: Wagner, Jacob
To: Madison, James

Dear sir
Dep. State, 17 Augt. 1801.
I was duly honored with your favor of the 8th. The demurrage of the Peace and Plenty was advantageously settled, on the terms mentioned in the enclosed letter from the Purveyor, and the money has been paid. I am sorry that it should have been encreased by the tardiness of Capt. Shaw.
With respect to printing the laws in a german paper in Pennsylvania, I promised Mr. Gallatin, that I would not act until I mentioned to you what he states to have been an objection in the legislature of that State to printing them in that language; which was that it would be giving two texts of the law. This certainly would be an objection to giving the german text a legal sanction; but none, I conceive, to publishing a translation, rendered upon the responsibility of the editor of a gazette only, tho’ paid for by the public, and designed to furnish an imperfect light to those who are now in utter darkness. Very many Germans in that state understand no other language but their own.
Mr. Dallas, who was lately here, brought another communication from Mr. Beveridge. I have therefore united, in a letter to Mr. Pinckney, a reference of that claim and another of a very serious nature from Capt. Dulton of Petersburg. You will find a letter from Capt. Dulton enclosed.

Mr. Soderstrom proposes that one of the District Attornies should appear and defend the suits he has brought and is about to bring against our naval commanders, on behalf of Danish subjects. I see no objection to the measure, unless it should be considered as one, that he should negotiate at all about the business, after the arrival of a Danish Minister and Consul General. In England the King’s advocate appears to all suits brought against his sea-officers.
Enclosed are further communications from that Minister. I have prepared an exequatur for him as Consul General. The President will, I presume, dispense with the exhibition of the original commission, which seems to be incorporated with the Letter of Credence, until he receives both together.
In consequence of receiving Mr. Cabot’s answer to your letter, I have collected all the documents which may have a tendency to elucidate his claim, and covered them with some remarks of my own.
Enclosed is an agreement to refer two interfering claims to a patent for an invention. You will find the law in the 2nd. vol. p. 204. s. 9. I pray you to sign the reference and direct me how to fill up the blank left for the name of your referee. I am told the Collector of Hudson is a respectable man and suitable for this purpose.
The letter of Mr. Yznardi would be an extraordinary one, if it came from any-body else. An allowance is to be made for his peculiar temper. It is written in bad Spanish, and therefore I have not been able to convert it into good english.
I enclose Mr. Hamilton’s answer to my application for the discharge of one of the seamen detained on board the Andromache.
A disagreeable subject remains for me to notice. On the 12th. I received voluminous dispatches from Consul Eaton, by a Ragusan Brigantine, arrived at New York, and which he thought him self justified in hiring for 8000 dollars. As she had a four months passage she brings nothing new except a letter from the Bey of Tunis containing a civil demand of 40 twenty four pounders. I have the honor to enclose the principle dispatches, of which but two or three of the last from Eaton are alone worth your perusal, and the charter party. From the latter you will observe, that the vessel is bound to take back a cargo, if tendered. I offered her to the Secretary of the Navy to transport a cargo of munitions and provisions for our squadron in the Mediterranean, but his agents have already hired vessels sufficient for that purpose. We are not in debt to Tripoli or Tunis, and therefore we shall have no cargo for her, unless you determine to send something more to the Dey of Algiers. The following statement may be of service in making up your opinion.
Two years annuities are not settled for: one other will become due next month. It will be expedient, perhaps, to remain in debt one year’s annuity constantly. Suppose Capt. Dale commutes, with the 30,000 dollars he has, for one year: on the other, the George Washington carried out property which cost $29,229 44/100. There had before been received by the Regency property supposed by Mr. OBrien to neat about $5000, when set off against the annuity, but when compared with the real cost of the annuity to us, it must be estimated at $18,500. Adding therefore the two sums

 29,229..44

 18,500..—

$47,729..44
are paid on the years annuity, which deducted from

 80,000—–
the estimated cost of a year’s annuity, leaves a balance of

 32,270..66 dollars, due upon it. It ought also to be kept in view, that it is by no means certain, that the Dey will accept the $30,000 carried by Capt. Dale, in lieu of a year’s annuity. I ought also to remind you, that

the biennial present, due this month, is estimated at
$13,500

on which we sent, in cloth and linen, by Capt. Dale
  2,761

Leaving to be provided for the sum of
$10,739

In OBrien’s letter of the 5th. April, enclosed in Mr. Kirkpatrick’s of 28th. May, you will observe a demand of the Dey for some powder and ball, of which I make the following estimate.

500
bbls.
powder
weight
25
tons
cost say
20,000

4000
balls of
24 lb
do.
48
do
 do
}
10,000

4000
 do
18 do.
do.
36
do
 do

4000
 do
12 do
do.
24
do
 do

133
tons

$30,000

As these articles can be had, in all probability, from the Navy-stores, if you decide to send any thing back in the vessel, you will perhaps send them.
Mr. Eaton could have relied, with more certainty, on his dispatches reaching us quickly, by an unusual multiplication of copies, than by the extraordinary and expensive measure of hiring a vessel. I have had no communication from the Captain; but judging it to be not impossible, that she either brought here or might be designed to take back something for him, I have written to the Collector of New York to make enquiry, and also to inform me of her tonnage and whether she is a staunch vessel. The suspicion I allude to may be unjust and ungenerous, but considering the peculiarity of the Charter-party and other circumstances in reference to him, I hope you will excuse me.
A want of circumspection is at least imputable to him in hiring a vessel to go from Tunis to the United States and back again, in a case which did not absolutely require it. I have not the least doubt that the occurrence suggested to the Bey his demand of the cannon, as a fairer opportunity could not have presented itself, especially in the present posture of our affairs, for effecting a demand. I hope it will be repelled.
As I daily expect to be called upon for the first half of the freight, I should be glad to hear whether you have any objection to paying it. If it shall not appear that she was loaded by Mr. Eaton, I suppose we must pay it; and if it should even be otherwise, I am not prepared to say we can avoid it.
In Mr. Smith’s No. 50. is a copy of a letter from OBrien of the 24 May, referring to a letter from Cathcart of the 17th. April, when no change had taken place in our affairs, which, in OBrien’s opinion, would be still further steadied by the Dey’s strong letter of the 16th. April. With perfect respect, I have the honor to be, Dear sir, Your most obed. servt.
Jacob Wagner

   RC and one enclosure (DLC). RC docketed by JM. Enclosure 2 pp.; dated ca. 1804 in Index to the James Madison Papers (see n. 5).

   Israel Whelen to JM, 12 Aug. 1801.

   Philadelphia merchant David Beveridge had gone to Havana in March 1782 when trade was opened between Cuba and the U.S. After commercial contact was again proscribed by the Spanish authorities in 1784, he was imprisoned twice between March and June of that year and at last was expelled forcibly from the island, leaving behind uncollected debts due him in the amount of $23,600. John Jay submitted a memorial from Beveridge to Congress on 8 Feb. 1785 (DNA: RG 59, DL, vol. 1).

   Letter not found. Capt. Thomas Dulton (or Dalton; also Dutton), shipowner and slave trader, bound from Kingston, Jamaica, to Savannah with a cargo of blacks on his armed ship Stag, was captured sometime after 13 Apr. 1798 by the Spanish who suspected him of being either a pirate or an English spy. He was acquitted and released on 27 July and ordered to pay costs. On 18 Sept. 1798 he and John Francis Tombarel, supercargo, were rearrested when a letter from Yrujo arrived suggesting that the ship really belonged to John Hamilton, British consul at Norfolk. On 2 Jan. 1799 they were again acquitted and assigned costs. Appeals kept the case open for several years until it was finally closed by royal decree on 9 Aug. 1806 (Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 2:192; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:457; DNA: RG 76, Spain, Treaty of 1819, Allowed Claims, vol. 91; JM to Charles Pinckney, 23 Nov. 1802 [DNA: RG 59, IM, vol. 6]; Miguel Gómez del Campillo, Relaciones Diplomáticas entre España y los Estados Unidos [2 vols.; Madrid, 1944], 1:134–35).

   Peder Blicherolsen to JM, 9 Aug. 1801, and enclosures. JM eventually informed Söderström that the State Department would handle all Danish affairs through Blicherolsen (JM to Söderström, 27 Oct. 1801).

   See Samuel Cabot to JM, 3 Aug. 1801. In his enclosed remarks, headed “Samuel Cabot’s case,” Wagner noted that Cabot had written to Pickering on 23 Apr. 1800, immediately after his arrival in the U.S., “enclosing letters expressive of the consent of Mr. King and the Commers. to his leave of absence for a ‘limited time.’” Cabot had arrived on the same vessel with commissioner Christopher Gore, and Wagner suggested that “he ought to have returned when Mr. Gore did.” Cabot had been allowed $3,000 for his first year abroad and $2,500 per year afterward, but “nothing is said of an allowance for his return.” His having left a substitute “merits no consideration, as his appointment was a special personal trust, which does not admit of a deputy.” Wagner concluded: “Upon the whole it seems reasonable, that he should be contented with the receipt of his pay up to Mr. Gore’s departure, and five hundred dollars additional for his return. He ought to present a new account commencing … with the first public monies he received.” Among the documents relating to Cabot’s claims that Wagner enclosed were probably Cabot to Pickering, 23 Apr. 1800, with enclosed copies of his letters requesting a leave of absence to Rufus King and to Christopher Gore and William Pinkney and their replies, and Cabot to Marshall, 20 June 1800 (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers) (see Helen R. Pinkney, Christopher Gore: Federalist of Massachusetts, 1758–1827 [Waltham, Mass., 1969], pp. 74, 75; on Cabot’s claims, see also PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:404, 447–48).

   Enclosure not found. Section 9 of the 21 Feb. 1793 act to promote the progress of the useful arts provided that “in case of interfering applications, the same shall be submitted to the arbitration of three persons, one of whom shall be chosen by each of the applicants, and the third person shall be appointed by the Secretary of State, and the decision or award of such arbitrators, delivered to the Secretary of State, in writing and subscribed by them, or any two of them, shall be final, as far as respects the granting of the patent.” On 14 Aug. 1801 John M. Mann’s patent fee for an invention similar to one by Christopher Hoxie was returned until arbitration could decide the inventor (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:322–23; DNA: RG 59, DB, p. 113).

   The collector of the Hudson district of New York was Henry Malcomb (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:180).

   Letter not found. Josef Yznardy, acting consul at Cádiz, who was described by Timothy Pickering as “having a good deal of pepper in his constitution,” was in the U.S. to defend himself against charges instituted by Joseph Israel, master of the Trial, a ship owned by John M. Pintard, the American consul at Madeira. According to Yznardy, Israel had stopped at Cádiz in 1797 while trading to the rebel port of Safi during the Moroccan civil war and vowed to continue his voyage in spite of strong advice to the contrary from James Simpson and express orders from Yznardy. The matter seems to have taken a personal turn, and Israel sent Yznardy a letter from Safi which read: “I am here against your consent. I wish you will die old villain with all the torments of hell!!” Israel also hung an effigy of Yznardy on his ship and shot at it and spread tales and letters all over the Iberian peninsular coast defaming Yznardy’s character. As a result of these insults, when Israel again entered Cádiz harbor in 1798, Yznardy had him taken into custody by the Spanish. Breaking parole, Israel returned to the U.S. where he published his account of the matter in the Norfolk, Virginia, newspaper. When Yznardy returned to the U.S. to defend himself against these “injurious and vilependious expressions,” he was arrested and imprisoned briefly in Philadelphia in December 1800 in connection with damage suits instituted by Israel and Pintard. It is unclear if all this had any connection with another suit that Pintard had instituted earlier against Yznardy’s son, Joseph M. Yznardy. Yznardy published a pamphlet in 1801 giving his version of the dispute (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)., 1:152; Josef Yznardy’s “Letter in vindication of his conduct as pro-consul at Cadiz” [n.p., n.d.], pp. 22, 23, 26, 29).

   Enclosure not found. The British eventually agreed to the release of three Americans from the British vessel Andromache (Edward Thornton to Wagner, 4 Sept. 1801 [DNA: RG 59, NFL, Great Britain, vol. 2]).

   Besides Eaton’s dispatch of 10 Apr. with its enclosures (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:82 nn. 1 and 2), Wagner probably sent JM Eaton’s 18 Apr. dispatch which enclosed the charter party (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:104).

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:71, 235.

   Added to the $3,700 for the first half of the charter Eaton negotiated with Giovanni Jercovich, captain of the Benvenuto, were various port and demurrage charges amounting to $681.25. All attempts to find freight for the ship failed, and on 7 Oct. Jercovich accepted $2,100 to release the government from the remainder of the contract. The Treasury Department charged the total cost to Eaton (DNA: RG 217, Misc. Treasury Accounts, no. 12,778; David Gelston to Wagner, 9, 29, and 30 Sept. 1801 [DNA: RG 59, ML]; Gelston to JM, 2 Oct. 1801).

   William Loughton Smith to JM, 30 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:365).


Title: To James Madison from Jacob Wagner, 17 August 1801
From: Wagner, Jacob
To: Madison, James

Dr sir
17 Augt. 1801.
I forgot to ask your direction about the Cattle mentioned in Mr. Eaton’s last letter. Are they to be sent? And if Dr. Gillasspy (to whom I have written) does not chuse to execute the timber-commission, ought we to do it? With perfect respect &c.
J Wagner

   RC (DLC).

   See 14 Apr. postscript to William Eaton’s 10 Apr. 1801 dispatch (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:81–82). For Gillasspy’s contract, see Wagner to JM, 24 Aug. 1801, and n. 2.


Title: To James Madison from Albert Gallatin, 17 August 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

17 August 1801, Treasury Department. Encloses letter [not found] from Griffith Evans, secretary to commissioners under article 6 of the Jay treaty, requesting an advance of $850. Has checked Evans’s accounts and finds they were settled in June 1799, since which time Evans has received $9,500 without stating how money was applied. Refuses further advances without JM’s requisition. Recommends that Evans send accounts and vouchers to justify further advances if JM approves continued payment.

   RC and enclosures (DNA: RG 59, ML). RC 2 pp.; in a clerk’s hand, signed by Gallatin. Enclosures are a statement of funds paid Evans from July 1799 to April 1801 (1 p.) and a copy of Gallatin’s 17 Aug. response to Evans (1 p.). RC and enclosures reproduced in Papers of Gallatin (microfilm ed.), reel 5.


Title: From James Madison to Thomas Jefferson, 18 August 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug: 18. 1801.
Inclosed herewith are several letters & papers for perusal. Among the former you are troubled with another from Thornton. You will observe that the Declaration of the Master of the British Vessel carried into Boston, states only that the Prisoners were French Spanish Danish &c &c. without saying whether they were taken in the French service, or that of their respective countries. This circumstance, and the distinction between a prize of such a description and one made by a Ship of war or privateer, or even a letter of Marque, seem to admit an easy reply to Thornton, in general terms, that the case is not considered as within the purview of the Treaty, but will be attended to on the principles applicable to it. What these may require deserves both enquiry & consideration. The Books which I have & have looked into take no specific notice of such a capture. In whatever light it be regarded, it cannot, if out of the stipulation in the British treaty, fall within that of the French either antient or recent. We seem to be free therefore to permit the vessel to continue or to order her away as may be expedient, unless the law of Nations prescribe one or the other course, or the instructions of 1793. impose one or the other, on our consistency. The law of Nations, as far as I recollect, prescribes nothing more than an equality in the Neutral towards the beligerent nations. The instructions of 1793. have the same object, as far as antecedent Treaties would allow. The question results, whether the late order for the departure of the Spanish prize, be not sufficiently analogous to require a like one in the present case, even if it be ascertained that the prize was made by French Prisoners only. Should this be your determination, and it be deemed of importance to avoid the delay of a week, you can drop a line to the Secretary of the Treasury, directing him to give the proper order to the Collector at Boston; or in case the delay be not of importance, I can on receiving your determination transmit it to Mr. G. by the ensuing mail. You will find under cover to Mr. Wagner an answer to the Danish Resident, which if approved you will please to forward.
We cannot yet fix the time which is to give us the pleasure of seeing Monticello. We have been in expectation of a visit from some of our distant friends which has not yet been executed, and we are without information when it will be, or whether it has been laid aside. It is probable we shall know more on the subject in a few days, and we shall then decide, having regard to your hint as to the periods observed by the Governour in dividing his time between Richmond & Albemarle. Always & Affectly. Yours
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 20 Aug.

   Edward Thornton to JM, 1 Aug. 1801.

   For a discussion of Jefferson’s position in 1793 on admitting belligerent vessels to American ports, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:269.

   JM to Blicherolsen, 15 Aug. 1801.


Title: To James Madison from William Eaton, 19 August 1801 (Abstract)
From: Eaton, William
To: Madison, James

19 August 1801, Tunis. Has a letter from Tripoli reporting that Dale appeared there on 26 July and rejected pasha’s proposed truce. Has learned also that Captain Jercovich was at Malta retailing merchandise in late June, thereby failing to abide by charter terms and forfeiting right to freight. Hopes this information will arrive in time to prevent captain from securing full freight. Encloses certificate of cargo discharge for Grand Turk [not found]. In postscript of 20 Aug., adds that he is enclosing copies of his letters to Dale.

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 2 pp.; marked “Copy.” Postscript not on letterbook copy. Enclosures include copies of Eaton’s 24 July letter to Dale and 1 Aug. postscript (4 pp.), reporting Tunisian adherence to American blockade of Tripoli and transmitting a 24 July letter from Henry Clark, British consul at Tunis, to Eaton requesting that British vessels be permitted to pass through the blockade at Tripoli (1 p.) and Eaton’s 24 July approval (1 p.); and Eaton’s 11 Aug. letter to Dale stating that Danish representative was sailing for Tripoli (1 p.; docketed by Wagner).

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


Title: To James Madison from James C. Mountflorence, 19 August 1801 (Abstract)
From: Mountflorence, James C.
To: Madison, James

19 August 1801, Paris. Repeats request to be allowed to continue as unsalaried commercial agent should someone else be appointed consul or agent general. Points out that Denmark and other powers keep three agents for trade at Paris, each salaried. Believes that importance of Paris requires more than one U.S. agent for the convenience of American citizens.

   RC (DNA: RG 59, CD, Paris, vol. 1). 2 pp. First page written at the bottom of a duplicate of Mountflorence’s 6 Aug. dispatch. Docketed by Wagner as received 20 Oct.

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


Title: To James Madison from Philippe-André-Joseph de Létombe, 19 August 1801
From: Létombe, Philippe-André-Joseph de
To: Madison, James

Letter not found. 19 August 1801. Acknowledged in JM to Létombe, 25 Aug. 1801. Expresses his sentiments about the U.S. and its government on preparing to depart for France.


Title: To James Madison from Rufus King, 20 August 1801 (Abstract)
From: King, Rufus
To: Madison, James

20 August 1801, London. No. 30. Conveys word from Murray and Dawson that exchange of ratifications has been completed in Paris. Encloses letter from Eaton with latest information on situation at Tunis. Refers to previous statements of his reluctance to execute Eaton’s orders.

   RC (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy (NHi: Rufus King Papers, vol. 54). RC 1 p.; marked duplicate; in a clerk’s hand; docketed by Wagner as received 16 Oct. Printed in King, Life and Correspondence of Rufus King, 3:499. Filed with RC is a copy of King to Eaton, 20 Aug. 1801 (2 pp.), acknowledging Eaton’s letters of 23, 24, and 27 May and discussing the difficulties of procuring gifts for the bey.

   In the letterbook copy there is an asterisk here and a note following the letter: “*Addressed to secretary of State & covering copy of one to Mr. King.” The enclosure may have been Eaton to JM, 1 June 1801, which covered copies of Eaton’s 27 May and 1 June letters to King (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:247–48 and n. 1).


Title: From James Madison to Noah Webster, 20 August 1801
From: Madison, James
To: Webster, Noah

Letter not found. 20 August 1801. Acknowledged in Webster to JM, 30 Nov. 1801. Discusses administration policy for appointments and removals in government in response to Webster’s letter of 18 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:436–41). For Jefferson’s suggestions on its contents, see Jefferson to JM, 13 Aug. 1801.


Title: To James Madison from Turell Tufts, 21 August 1801 (Abstract)
From: Tufts, Turell
To: Madison, James

21 August 1801, Paramaribo. States that a newspaper extract of his last letter was sent by a British merchant to the person concerned [the port collector at Paramaribo] “in expectation that it would provoke the man to cramp our Intercourse still more.” Extract “caused great irritation [and] produced many threats,” compelling him to deny authorship, but the episode has resulted in better treatment of shipmasters. Thanks JM for his “caution in the manner of making that paragraph known.” Flood of business delays his report on American trade; believes trade is more lucrative at Paramaribo than on any of the British-controlled islands except Martinique. British ships now supply goods formerly brought in by American vessels, leading to oversupply, and British merchants have petitioned governor to restrict U.S. trade to flour, fish, and lumber.

   RC (DNA: RG 59, CD, Paramaribo, vol. 1). 2 pp.; docketed by Wagner as received 23 Oct.

   Tufts to JM, 10 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:154).

   On 2 Oct. the Boston Mercury and New-England Palladium published a 24 Aug. letter from Tufts to Boston collector Benjamin Lincoln notifying American shippers of the trade restrictions.

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


Title: To James Madison from Samuel Williams, 21 August 1801 (Abstract)
From: Williams, Samuel
To: Madison, James

21 August 1801, London. Acknowledges JM’s letter of 29 June. Will close his public trusts with full statement of financial transactions and transmit accounts to secretary of treasury. Will pay Rufus King balance of public money. Hopes Erving will arrive when expected and “serve the United States & the Claimants as faithfully as I have served them.”

   RC (DNA: RG 59, CD, London, vol. 8); Tr (NHi). RC 1 p. Tr unsigned; sent to Rufus King and docketed by him.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:357–58.

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


Title: From James Madison to Samuel Cabot, 22 August 1801
From: Madison, James
To: Cabot, Samuel

Sir
August 22. 1801
I have received your letter of the 3d. instant. At the date of mine of July 21. your letter of Apl. 23. 1800 with those which passed between you & Mr. King & the American Commissioner⟨s⟩ had not been seen by me. These documents will no doubt have their due weight in the settlement of your accounts; which as heretofore intimated, must be presented at the Treasury, and will probably be required to commence on the debit side with your first receipt of public money. The principles on which the settlement will be made, so far as light can be thrown on them from this Department, will be determined by a communication between the two Departments. I remain Sir with respect Your most Obedient servant
James Madison

   RC (MHi: Samuel Cabot Papers).


Title: To James Madison from Thomas Jefferson, 22 August 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 22. 1801.
Your’s of the 18th. is recieved, and I now return all the papers which accompanied it, (except those in Bingham’s case) and also the papers inclosed in that of the 16th. The case of the British Snow Windsor taken by the prisoners she was carrying & brought into Boston is new in some circumstances. Yet I think she must fairly be considered as a prize made on Great Britain, to which no shelter or refuge is to be given in our ports, according to our treaty. A vessel may be made prize of by persons attacking from another vessel, or from the shore, or from within itself. It is true the masters declaration is that the prisoners were French, Swedes, Dutch, Danes, Spaniards & one American, without saying in the French service; but the French, Dutch & Spaniards were enemies, and the others must have been in enemy’s service or they were pirates. The case of the Spanish prize sent away may be urged on us, & I see no reason why we should attempt an exception to the general rule for this singular & small description of cases. I hardly imagine Pichon will object to it, further than to strengthen the force of a precedent which is in the long run to be so much in favor of France & Spain, who are captured ten times where they are once captors. Still, wishing you to revise this opinion of mine, I refer it back to yourself to give the order for departure, or any other answer you think best. Toussaint’s offence at our sending no letters of credence with mr. Lear is not regular. Such letters are never sent with a Consul, nor to a subordinate officer. The latter point, I doubt not, is that of the offence. Poinsette’s application requires attention as a precedent. A frigate is going on public service. We give a passage to our own minister & his suite. That is in rule. A French chargé (Le Tombe) asks a passage. He is allowed it with the consent of mr. Livingston. This too is in rule as a matter of comity, and a return for similar civilities from that nation. In 1782.3. I was to have gone in the Romulus, on the offer of the French minister. They actually went to the expence of building a round house for my sole accomodation. But have we a right to give passages generally to private individuals whenever a public vessel is passing from one place to another? What would the public vessels become in that case? It is true I have given Thomas Paine a passage in the Maryland: but there is a clear enough line between Thomas Paine & citizens in general. If mr. Poinsette could get mr. Livingston to recieve him as one of his suite, there would be no inconvenience in the precedent. These are my hasty thoughts on the subject. Be so good as to weigh & correct them & do in it what you think right. Do you know if mr. Dallas has commenced another prosecution against Duane on behalf of the Senate? Either this should be done, or an official opinion given against it. Perhaps it would be best to do it, & leave to juries & judges to decide against it’s being sustainable. What would you think of Clay of Philadelphia for the Consulship of Lisbon? It has been suggested that he might perhaps accept it. We cannot expect a man of better talents. If you have no reason in opposition to it, I will have it proposed to him privately through the channel which suggested it. Is it not worthy of consideration whether we should not, through mr. Livingston, propose to Prussia to exchange the new articles inserted in our late treaty for the old ones of the former omitted in it? The change was excessively against her will, & places us in a disgraceful position as to interesting principles of public law. There is a Charles D. Coxe (brother in law of Tenche) so well recommended for a Consulship that I wish he could be gratified. Bingham’s case shall be the subject of the next letter. Respect & attachment to mrs. Madison & miss Payne; affectionate friendship to yourself.
Th: Jefferson

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

   On Bingham’s case, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:311 n. 1.

   Jefferson referred to Joel Roberts Poinsett’s desire to travel to France with Robert R. Livingston (see Thomas Sumter, Jr., to JM, 6 Aug. 1801, and n. 1).

   Paine, who was in Paris, feared the British would seize him if he sailed on a French ship. Late in 1800 he inquired of Jefferson whether he could travel to the U.S. on a national vessel. In March 1801 Jefferson suggested he return on the Maryland, but Paine declined. Reports of the president’s offer reached America that summer, producing an outcry in the Federalist press (Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:194–95).

   JM appears to have taken no action on the matter. Poinsett did not join Livingston’s party sailing from New York; he left instead from Baltimore, arriving at Le Havre in the fall (Charles Lyon Chandler, “The Life of Joel Roberts Poinsett,” Pa. Magazine of History and Biography, 59 [1935]: 8).

   Editor William Duane of the Philadelphia Aurora General Advertiser had been indicted under the Sedition Act on 17 Oct. 1800. Jefferson directed that the charges be dismissed but, as a courtesy to the Senate, requested the district attorney to see if there were grounds to prosecute Duane under any other statute. None were found by the grand jury, and the case against Duane was dropped (Smith, Freedom’s Fetters, pp. 289, 301–5; see also PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:442–43).

   Republican Joseph Clay, who had the warm support of Benjamin Franklin’s daughter Sarah, was offered the consulship at Lisbon but declined it. Clay later served in the House of Representatives, 1803–8 (Sarah Bache to Jefferson, 5 Aug. 1801 [DNA: RG 59, LAR, 1801–9]; Jefferson to Gallatin, 28 Aug. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:85).

   The principle that “free ships make free goods,” recognized in the 1785 treaty between the U.S. and Prussia, had been deleted when the Adams administration renewed that agreement in 1799. The U.S. dropped the provision, Jefferson wrote, “lest it should seem to take side in a question then threatening decision by the sword” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:170–71, 441–42; Jefferson to Robert R. Livingston, 9 Sept. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:91).

   Jefferson subsequently appointed Charles D. Coxe commercial agent at Dunkirk in place of James H. Hooe, a “midnight appointment” made by John Adams (see Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]; National Intelligencer, 11 Nov. 1801).


Title: To James Madison from Stephen Cathalan, Jr., 22 August 1801 (Abstract)
From: Cathalan, Stephen
To: Madison, James

22 August 1801, Marseilles. Announces that Captain Bainbridge in the Essex arrived on 29 July. Since the ship had been at Gibraltar and had met vessels at sea, it would have been quarantined for fifteen days; consequently, Bainbridge left immediately for Barcelona, taking with him the Martha, the only vessel ready to sail under his convoy. They arrived at Barcelona on 1 Aug. and departed on 9 Aug. for Gibraltar with twenty other American vessels. Acknowledges receipt on 8 Aug. from Spain of JM’s 21 May circular. Expresses willingness to assist Commodore Dale or any ships of his squadron. Has received letter of credit from Mackenzie and Glennie of London for needs of the squadron. Swedish frigate undergoing repairs at Toulon has received assistance from French officers; believes any of the American squadron will receive the same, if needed. Transcribes a letter received on 21 Aug. from the Swedish agent, which enclosed dispatches from Cathcart; forwards dispatches in the condition in which he received them, with no cover, and explains that all the packets had been opened and some destroyed in a mail robbery near Nice. Is informing Cathcart of this; had already forwarded to him, after disinfecting with vinegar, three packets of dispatches delivered by Essex. Congratulates JM on his appointment as secretary of state and asks to be retained as commercial agent. States in postscript that Swedish agent has offered to obtain certificate from post office attesting that Cathcart dispatches were received without cover.

   RC (DNA: RG 59, CD, Marseilles, vol. 1). RC 4 pp.; docketed by Wagner. In the body of the RC, Cathalan transcribed François-Philippe Folsch’s letter to him of 21 Aug. 1801 (in French), reporting attack on the 13 July Genoa courier near Nice.

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


Title: To James Madison from William Jarvis, 22 August 1801 (Abstract)
From: Jarvis, William
To: Madison, James

22 August 1801, London. Expresses his veneration of Jefferson’s philosophical, moral, and political character and admiration for the quality of his appointees. Desires office of Lisbon consulate if found worthy. Believes that recent political changes in Portugal will require Bulkeley, who is connected with a British merchant house, to withdraw. Offers Dearborn as a reference.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Jarvis”). 2 pp.; written on same sheet as Jarvis to JM, 1 Oct. 1801. Jefferson nominated Jarvis, a Boston merchant, to succeed Thomas Bulkeley as consul at Lisbon on 1 Feb. 1802. He arrived there in August 1802 and served until 1811 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406).


Title: From James Madison to Jacob Wagner, ca. 22 August 1801
From: Madison, James
To: Wagner, Jacob

Letter not found. Ca. 22 August 1801. Acknowledged in Wagner to JM, 31 Aug. 1801, and mentioned in JM to Jefferson, 26 Aug. 1801. Authorizes shipment of powder and ball to dey of Algiers and instructs Wagner to honor Eaton’s charter contract, to take no action on Eaton’s commissions for timber and cattle, and to send Jefferson copies of the State Department’s last letters to Eaton.


Title: To James Madison from Rufus King, 24 August 1801 (Abstract)
From: King, Rufus
To: Madison, James

24 August 1801, London. No. 32. Was pleased to receive president’s sanction of his plans to press negotiations respecting article 6 of the Jay treaty as stated in his dispatch no. 6. Was informed during an interview with Lord Hawkesbury the day after receiving sanction that the cabinet thought £1.5 million was proper compensation for abolition of the article but would accept sum offered [£600,000] if American courts were opened to British creditors. King replied that the peace treaty [of 1783] adequately provided for recourse through ordinary judicial proceedings and that the U.S. would not consent to new stipulations concerning old debts. Drafted at Hawkesbury’s request a separate convention canceling article 6 in exchange for U.S. payment of £600,000. As to the proposed additional articles concerning contraband, Maryland bank stock, impressment, and port of New Orleans, Hawkesbury believes all will be unobjectionable except last. British suspicions that Spain has ceded the region to France incline the ministry to object, on grounds of security, to the article regarding U.S. trade with that port. Lord St. Vincent has stated he will approve the other additional articles. Settlement of article 6 allows recall of commissioners under article 7, who had been dispersed. King will arrange this.

   RC (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy (NHi: Rufus King Papers, vol. 54). RC 6 pp.; in a clerk’s hand, signed by King. Printed in King, Life and Correspondence of Rufus King, 3:502–4.

   King to JM, 7 Mar. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:7). Article 6 of the Jay treaty had established a commission to settle pre-Revolutionary War debts, article 7 a commission to settle American spoliation claims. The American claims were decided by July 1803 and the British the following month (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:249–53; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:8 n. 2; Perkins, First Rapprochement, pp. 141–42).


Title: To James Madison from Tobias Lear, 24 August 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

24 August 1801, Cap Français. No. 8. Encloses letter from Toussaint revealing plans to move seat of government to Port Républicain, to which Lear replied that he would ask for the president’s decision on his own place of permanent residence. Since Toussaint’s letter was the first indication of his having changed his determination to move to Gonaïves, Lear will take no steps until the seat of government is actually established, although he will travel “by way of an excursion” anywhere on the island that public business requires. Requests either explicit instructions or written permission to act according to his own judgment. Has received message from Robert Ritchie, U.S. consul at Port Républicain, that he soon will sail home for two months. Also reports rumors that Ritchie will be replaced. Believes that Ritchie should have taken formal leave of Toussaint, who “had heard of” Ritchie’s departure. Encloses copy of letter just received from British agent Corbet; passports accompanying it have Corbet’s and Toussaint’s signatures. Will deliver them to vessels on the principle mentioned in former letters.

   RC and enclosures (DNA: RG 59, CD, Cap Haitien, vol. 3); FC (ibid.). RC 3 pp. FC docketed by Lear, with his notation: “sent by the Schooner Eleanor Capt. Wickham via Baltimore.” Duplicate copy (ibid.) docketed by Wagner as received 18 Sept. Enclosures are copies of Toussaint to Lear, 21 Aug. 1801 (2 pp.; in French), and Edward Corbet to Lear, 16 Aug. 1801 (2 pp.).

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


Title: From James Madison to the Marqués de Someruelos, 26 August 1801
From: Madison, James
To: Someruelos, Marqués de

Sir.
Department of State Washington August 26th. 1801
It has been represented to the American Government that the Schooner Nancy, laden with a valuable cargo, both belonging to citizens of the United States residing at Charleston, and bound from that port to Havana, was captured, about the 28th. day of June 1800, within sight of the City of Matanzas and within the protecting limits of the Island, by a privateer called La Fortunée bearing a French commission issued at Guadeloupe; but owned by a Spanish subject residing at Cuba. It is added that your Excellency was pleased to order that the vessel and cargo should be sold and the money kept in deposit, to answer the demands of justice. In a case, which, if correctly stated, affects so deeply the rights and interests of American citizens, and which, if it were possible that it could remain unredressed, would derogate from the honor, the impartiality and the amicable disposition of Spain towards the United States, I am happy to have it in my power to appeal to that elevated sense of justice which distinguishes your Excellency, in favor of the injured parties: and I doubt not, that when you shall have carefully examined the circumstances of their complaint, you will hasten to restore to them the remains of a property apparently so unjustly wrested from them, and which could only have been thus long detained thro’ the misrepresentations of the persons concerned in the privateer.
On this occasion permit me to assure your Excellency of the pleasure I shall ever receive in witnessing the reciprocation of acts of justice and good understanding between the United States and the Spanish Nation: and I request you to receive a tender of the high consideration, with which, I have the honor to be, Your Excellency’s Most obedt. servt.
James Madison

   RC (AGI: Outgoing Papers from Cuba, vol. 1660); letterbook copy (DNA: RG 59, IC, vol. 1). RC in a clerk’s hand, signed by JM.

   Salvador de Muro y Salazar, the marqués de Someruelos, had been captain general of Cuba since the spring of 1799 (Diccionario de historia de España, 3:687). His reply has not been found, but in an incomplete draft of a reply, dated 30 Jan. 1802 (3 pp.; in Spanish), he stated that he had ordered the commander at Matanzas to return the goods and specie taken from the Nancy to John Wood, attorney for the owners, and that he included an affidavit verifying the delivery of the ship and its belongings (AGI: Outgoing Papers from Cuba, vol. 1660).


Title: From James Madison to Thomas Jefferson, 27 August 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 27. 1801
I sent you yesterday by Docr. Bache a packet recd. by the mail of last week, that it might the less interfere with what you receive directly. I avail myself of another private opportunity to forward the communications recd. by the mail of yesterday, by which means the further advantage will be obtained, of gaining a week in those cases which require your sanction, and which need not go back thro’ my hands.
Among the communications you will find Thornton again on our hands, and with a case that seems to compel us to meet the question whether the British Treaty is to operate agst. French Ships with prizes, as well as those of other nations. It is more than probable than [sic] another privateer which has arrived in N. Carolina with a British prize, though called in the Newspapers Spanish will be found to be French and will soon double the demand for a decision of the question. Will it be best to give in the first instance a particular & argumentative, or a more general & categorical answer to Mr. Thornton. It may be a consideration in favor of the latter that we have no reason to suppose, that his Govt. enters into his construction of the Treaty of 1794. Yours truly &c.
James Madison

I forgot to mention St. Petersburg as vacant for a Consul. If Coxe will go there, it would be more convenient than to give him Madeira, which may be eligible for other⟨s.⟩

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 28 Aug.

   William Bache (1773–1814), the younger brother of Benjamin Franklin Bache, had received a medical degree from the University of Pennsylvania in 1794. Jefferson had persuaded him to move to Albemarle County, Virginia, where in 1799 he bought a farm which he named Franklin, but he was unable to provide for his growing family and had been seeking a federal appointment. In spite of doubts about his stability among those who knew him, Jefferson in June 1802 appointed him first director of the Marine Hospital at New Orleans. He did not arrive there until April 1803 and remained in the city only until the following November, when, taking a quarter’s advance in salary, he left his post to return east. In April 1804 Jefferson appointed him port surveyor for Philadelphia, a position he held until his death (Jane F. Wells, “Thomas Jefferson’s Neighbors: Hore Browse Trist of ‘Birdwood’ and Dr. William Bache of ‘Franklin,’” Magazine of Albemarle County History, 47 [1989]: 2–4, 6, 11–12; Bache to Jefferson, 11 Mar. 1801 [DNA: RG 59, LAR, 1801–9]; William E. Rooney, “Thomas Jefferson and the New Orleans Marine Hospital,” Journal of Southern History, 22 [1956]: 169–70, 175; Bache to Jefferson, 19 June 1802, Gallatin to Jefferson, 1 July 1802, 13 and 20 Dec. 1803 [DLC: Jefferson Papers]; James Monroe to JM, 27 Sept. 1801; Philadelphia Aurora General Advertiser, 9 Apr. 1804; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:471).

   Edward Thornton to JM, 16 Aug. 1801.


Title: To James Madison from Thomas Jefferson, 28 August 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 28. 1801.
Your’s of the 26th. by Doctr. Bache came duly to hand: and I now return you all the papers you inclosed except the commission for the Marshal of New Jersey, which I retain till I see you, which Dr. Bache gives me hopes will be the ensuing week, & I suppose will of course be the day after tomorrow, as you will then be free from the pressure of the post. I inclose with those papers, for perusal, a letter & memorial from a mr. Joseph Allen Smith, of whom I know nothing more than these papers inform me. You will be sensible that in his assumption of diplomatic functions he has not shewn much diplomatic subtlety. He seems not afraid of Logan’s law in our hands. Of mr. Starke’s application for the attorney’s place of Missisipi I recollect nothing; and not having here my bundle of applications for office I can ascertain nothing. But I am persuaded he has not applied to me; & consequently it must have been to our predecessors. This would afford a reason the more for enquiries concerning him before we decide about him. This shall be reserved for conversation when we meet. I feel a scruple at signing the recital of a falshood in the Exequatur for Olsen, to wit, ‘the having seen his commission.’ It would bind us to admit his credentials let them be what they will; and be an useless departure from fact. I think with you that he desires much less, & what is perfectly admissible; & consequently that it would be better to write him a very civil letter yielding exactly what he asks.
What are the delays in the performance of our stipulations of which the Bey of Tunis, & Eaton complain? I thought we had not only complied with the treaty, but were doing considerably more. I have read Eaton’s correspondence, and form a very respectable opinion of his understanding. I should be disposed to do so too of his honesty: but how, to these two qualities, can we reconcile his extraordinary mission of this vessel? If nothing sinister appears on the enquiry mr. Wagner is making, he should be made to understand that the administration will not admit such unauthorised & useless waste of the public money. As to the cattle & timber, I would leave them to be sent or not by those charged with them. I am an enemy to all these douceurs, tributes & humiliations. What the laws impose on us let us execute faithfully; but nothing more. I think it would be well to engage mr. Wagner (who is fully competent to it) to make up, for the eye of Congress a full statement of every expence which our transactions with the Barbary powers has occasioned, & of what we still owe, that they may be enabled to decide, on a full view of the subject, what course they will pursue. I know that nothing will stop the eternal increase of demand from these pirates but the presence of an armed force, and it will be more economical & more honorable to use the same means at once for suppressing their insolencies. I think with you we had better send by Eaton’s vessel the powder & ball wanting for Algiers. I have recieved information through a single hand ⟨from one of Bainbridge’s lieutenants, that Bainbridge himself connived at⟩ the pretended ⟨impressment⟩ of ⟨the George Washington⟩, & perhaps ⟨recieved a douceur⟩. As soon ⟨as we hear⟩ of an⟨y ac⟩tual hostility by ⟨Tripoli,⟩ I think ⟨Cathcart⟩ should be sent to ⟨Algiers, & Obrian permitted to r⟩etire. These two men have completely shewn themselves to be what I concieved of them on a pretty full acquaintance in Philadelphia. Would it not be well to instruct our agents resident where there have been British admiralty courts to collect all the cases, which can be authenticated, of the enormities of those courts? I am persuaded it must be the groundwork of a demand on our part of stipulations from that country entirely novel in their nature, and which nothing but the disgrace of their proceedings can extort from them. But they are indispensably necessary for us. We are surely never more to submit to such ruinous degradations again. In hopes of seeing you soon I conclude with assurances of sincere & affectionate friendship
Th: Jefferson
P. S. I send Bingham’s case to mr. Lincoln.

   RC (DLC); FC (DLC: Jefferson Papers). Words in angle brackets are heavily crossed through in the RC and have been supplied from the FC—Jefferson’s letterpress copy.

   Jefferson had already decided on the appointment of John Heard as marshal for New Jersey but delayed the nomination until 6 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:194 n. 5; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:403).

   South Carolinian Joseph Allen Smith was the brother of William Loughton Smith and the son-in-law of Senator Ralph Izard. Smith had written to Jefferson from Paris on 22 Mar. 1801 (DLC: Jefferson Papers) (3 pp.; listed in Jefferson’s Epistolary Record [ibid.] as received 27 Aug.) enclosing copies of a report and a letter he had written to Joseph Bonaparte (ibid.) (4 pp.; in French). These described a plan to send a secret mission overland from Philadelphia to New Orleans to found a new settlement in the Louisiana territory recently ceded to France. Smith had also attempted to halt the enterprise with the assistance of Lafayette and Victor Du Pont (A. S. Salley, Jr., “William Smith and Some of His Descendants,” S.C. Historical and Genealogical Magazine, 4 [1903]: 250–56).


Title: To James Madison from Elias Vander Horst, 28 August 1801 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

28 August 1801, Bristol. Encloses letter from Marcus Lynch, Jr., member of Lynch, Roberts, and Woodward of Cork, where he is also agent for the British East India Company, and requests JM to obtain for him the post he solicits, if vacant. Firm of Nesbitt, Stewart and Nesbitt, Lynch’s reference, ranks among the first in London.

   RC and enclosure (DNA: RG 59, CD, Bristol, vol. 2). RC 1 p.; marked “(Copy)”; docketed by Wagner as received 23 Oct. Lynch’s 16 Aug. letter to Vander Horst (1 p.) requested his support for appointment as consul at Cork.

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


Title: From James Madison to Albert Gallatin, [ca. 29 August] 1801
From: Madison, James
To: Gallatin, Albert

private
Dear Sir
[ca. 29 August 1801]
You will receive herewith a letter requesting your orders to the Collector of Boston for the departure of the British Snow Windsor from that port. As she was made a prize & carried in, neither by a Ship of war nor privateer, and the presumption also is that she is rather a prize to France than any other nation, it was readily decided that the Treaty of 1794 is inapplicable to the case. The President notwithstanding has thought, as I do, that the Vessel ought to be sent away, in pursuance of the regulatio⟨ns⟩ applied to the prize lately carried to Philada. by a Spanish letter of Marque. It may not be amiss perhaps if any informal occasion offers, to let Mr. Pichon, or any other Minister of a nation to which the prisoners in part belonged, know the general ground on which the measure was decided. As they are all more frequently on the captured than the capturing side, there is the less reason to suppose, them inclined to controvert precedents favorable to the former.
I have just recd. another complaint from Mr. Thornton, founded on the arrival of a french privateer, with a British prize in an Eastern port. This will require us to take our ground of construction, in reference to the XXV art. of the British Treaty. Perhaps it may be best, especially as we know not that Mr. T is guided by more than his own zeal, to give rather a categorical, but civil refusal, than an argumentative one. At the same time, as I am not possessed of the President’s opinion on this point, and as I find by a letter from Mr. Wagner, that you & Mr. Smith have promised to revolve the general question, in your thoughts, I shall be glad to have the joint result of them.
Mrs. M. & Anna offer their affectionate respects to the ladies of your family. I beg leave to add mine, with assurances of the sincerity with which I remain Dr Sir Your friend & servant
James Madison

   RC (NHi: Gallatin Papers). Undated. Docketed by Gallatin, “29th Augt. 1801 / Orange Court-house.”

   Letter not found. Jefferson wrote Gallatin on 28 Aug.: “I have given it as my opinion to Mr. Madison that the British snow Windsor, lately brought in by the Prisoners she was carrying, ought to be sent away. My opinion is, that whatever we are free to do we ought to do to throw difficulties in the way of the depredations committed on commerce, and chiefly our own commerce” (Jefferson to Gallatin, 28 Aug. 1801, Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:86; see also Jefferson to JM, 22 Aug. 1801).

   Edward Thornton to JM, 16 Aug. 1801.


Title: To James Madison from David Humphreys, 29 August 1801 (Abstract)
From: Humphreys, David
To: Madison, James

29 August 1801, San Ildefonso. No. 285. Encloses copies of his correspondence with minister of state concerning an assault by two palace guards upon Humphreys’s coachman and a footman of the Neopolitan minister. Spanish reply indicates “the correct ideas of this Court on the privileges & immunities of Diplomatic Representatives.” Reports evidence of subtle tensions remaining between Godoy and the French over terms of peace treaty with Portugal and postwar arrangements. Has learned that five American vessels taken into Algeciras are still detained there. In postscript of 1 Sept., encloses report from Valencia, scene of anticonscription riots, where unrest continues. Conveys information that Cairo has surrendered to British and Turkish forces.

   RC and enclosures (DNA: RG 59, DD, Spain, vol. 5). RC 4 pp.; marked duplicate; docketed by Wagner as received 20 Nov., but a copy was received by 25 Oct. (see JM to Pinckney, 25 Oct. 1801); extract printed in National Intelligencer, 26 Oct. 1801. Enclosures (6 pp.; partly in Spanish; docketed by Wagner as received in Humphreys’s no. 285) are copies of Humphreys to Cevallos, 18 Aug. 1801; Cevallos’s 20 Aug. reply; and a 22 Aug. report from Valencia.


Title: From James Madison to Jacob Wagner, ca. 29 August 1801
From: Madison, James
To: Wagner, Jacob

Letter not found. Ca. 29 August 1801. Acknowledged in Wagner to JM, 7 Sept. 1801. Encloses various letters as well as patents from Jefferson.


Title: To James Madison from Tobias Lear, 30 August 1801 (Abstract)
From: Lear, Tobias
To: Madison, James

30 August 1801, Cap Français. No. 9. Encloses copy of a letter from Citizen Roume, last French agent sent to the island, and his reply. In the contest between Toussaint and Rigaud, Roume supported the former; encloses decree [not found] demonstrating this support. Since then Roume’s conduct has not been agreeable to Toussaint, who has kept him under guard. Roume is now permitted to return to France through the U.S., and Lear sends the enclosed copies so JM will know the true state of things. Owing to the uncertainty of transport between the island and France, many travelers pass through the U.S.; believes these persons carry letters from Toussaint to French commercial agents in U.S. ports. Rejects rumors that Toussaint intends to make the island independent. Suggests they arose because another nation has not gained complete control. Has received several replies on American claims from Toussaint, who has shown his determination to be just; however, bribery and corruption prevail in every department, making situation difficult. Requests instructions on extent of his obligations as a public official to pursue individual claims.

   RC and enclosures (DNA: RG 59, CD, Cap Haitien, vol. 3); FC (ibid.). RC 4 pp.; docketed by Wagner as received 18 Sept. Philippe Roume’s letter of 28 Aug. (3 pp.; in French) asked Lear to support his request to Toussaint to return all papers relating to French relations with the island for transmittal to Paris. He also asked Lear to write a letter of explanation if Toussaint refused. Lear declined in a 29 Aug. note (2 pp.), stating that he could not, as a representative of the U.S., involve himself in any differences between Roume and the government of Saint-Domingue.

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


Title: To James Madison from Jacob Wagner, 31 August 1801
From: Wagner, Jacob
To: Madison, James

Dear sir
Department of State: Washington, 31 Augt. 1801.
I have had the honor to receive, in due time, your letter of the last post.
I have written to Mr. Helmbold, to inform me of his terms for printing the laws in German, and, if they prove reasonable, shall direct him to proceed. The enclosed two letters, which I have written to the Collector of New York, will shew the footing on which the business of the Ragusan Brigantine stands. I expect in a day or two to receive his answer.
The vessel, relative to which I enclosed, in my last, a slip from the newspaper, proves to be, as she was stated, a Spanish privateer. The enclosed letters from the Secretary of the Treasury will explain the course he has taken. In reference to the question they present for solution, I have thought it would be acceptable to you to receive a collection of the authorities on the point, accompanied by Mr. Rawle’s opinion. That opinion was partially departed from by Genl. Washington in the instructions which were given to the Custom-houses in 1796. I have looked into Valin and find that in case of a prize coming in, in distress, the French allow the cargo to be stored until she is repaired, but nothing is said of a permission to sell part of it to defray the expense. I therefore consider the laws of France as prohibiting it. The law of Spain is, I believe, similar. From this I infer that the indulgence in question is peculiar to the United States. How far it should be extended to necessary repairs of the privateer, is for the President to decide.
On saturday evening last arrived Capt. Rogers of the Maryland, accompanied by Mr. Purviance, being the bearers of dispatches from France. You will find them enclosed. Mr. Smith has read them; but Mr. Gallatin is and has been this day or two absent in the country with a sick child.
As you will not have an opportunity of informing the President of their arrival by the same mail, by which you will receive them, I have taken the liberty of mentioning it to him in a note accompanying some letters for him received by the Maryland.
Mr. Graham is now here, and if he receives no direction from you by the mail of to morrow, he will probably wait upon you in Virginia. But he is not altogether determined, whether to do so or to remain here. In the latter case he would usefully employ himself in reading such documents in the office as may have a connection with his future duties. With the highest respect and esteem, I remain, Dr. sir, Your most obed. servt.
Jacob Wagner
P. S. I have thought it not amiss to send you the instructions of Mr. Dawson and of Mr. Murray & a copy of the letter of credence given to the latter.

   RC (DLC).

   Enclosures not found.

   Wagner may have enclosed copies of correspondence between Gallatin and Wilmington, North Carolina, port collector Griffith J. McRee. McRee had informed Gallatin on 10 Aug. that the captain of the Spanish privateer, which had entered the port “in distress,” had applied for permission to sell part of the cargo of his British prize vessel in order to pay for repairs to both ships. Gallatin replied on 22 Aug. that articles 24 and 25 of the Jay treaty as well as the instructions in Oliver Wolcott’s 26 Nov. 1796 circular letter to customs collectors required the immediate departure of the prize unless it was in “absolute” need of repair, in which case part of its cargo could be sold to defray the expense. Gallatin added that he would submit to the president the only question in doubt—whether part of the prize’s cargo could be sold to pay for repairing the privateer. He did so two days later, reiterating his belief that “the instructions of 1793 & 1796” should not be construed to allow privateeers to sell part of their prize cargoes (McRee to Gallatin, 10 Aug. 1801, Gallatin to McRee, 22 Aug. 1801, Gallatin to Jefferson, 24 Aug. 1801 [DLC: Jefferson Papers]; text of 26 Nov. 1796 circular letter is in Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 20:348–49 n. 1).

   The collection of authorities mentioned by Wagner has not been found. After British minister Robert Liston had complained to Timothy Pickering in 1796 about the circumstances surrounding the capture and recapture of a British prize, the Eliza, Pickering consulted William Rawle, U.S. attorney for Pennsylvania, for an opinion on whether the U.S. government was obliged to restore the vessel to its British captors. Rawle replied that irrespective of whether the vessel had been a fair prize or not, the U.S. could not intervene in the matter without violating its own neutrality or without unduly interfering with the judicial authorities that would have to decide the issue. Rawle’s opinion did not address the question of whether a privateer could sell part of its prize cargo to defray repair costs, but its tenor was in conformity with the instructions contained in the Treasury Department circulars of 30 May 1793 and 30 June 1796. These had stipulated that neither the prizes of belligerent privateers nor their captured cargoes could be sold in the U.S. without their being liable for seizure as illegal imports. Customs officials were authorized to allow privateers only to purchase sufficient provisions to enable them to sail for the nearest port of the nation that had commissioned them. The Washington administration had departed from these regulations in the Treasury Department circular of 26 Nov. 1796 to the extent that severely damaged privateers were permitted, under strict supervision, to unload and sell portions of their cargoes to defray expenses according to the rules established for vessels arriving in distress (Liston to Hamilton, 30 Sept. 1796, Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 20:337–38 and n. 3; William Rawle to Timothy Pickering, 28 Sept. 1796, and Treasury Department circular, 30 June 1796 [DNA: RG 59, ML].

   René Josué Valin, Traité des prises, ou Principes de la jurisprudence françoise concernant les prises qui se font sur mer … (2 vols.; La Rochelle, 1763).

   Probably Murray to JM, 23, 24, and 26 June and 1, 2, and 9 July 1801, and Dawson to JM, 25 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:340–41, 345, 350–51, 353, 369, 375–76, 390–91). In his 31 Aug. letter to Jefferson, Wagner noted that he had forwarded to JM dispatches from France up to 9 July and added that the French had refused to ratify the convention until the U.S. renounced its claims for captures, offering a renunciation of former treaties in return. JM was at Monticello on 3 Sept. when Jefferson received Wagner’s letter and a letter from Robert Smith of 31 Aug. also announcing the arrival of the Maryland. Wagner sent for Jefferson’s signature John Graham’s commission as secretary of the U.S. legation to Spain and enclosed, at JM’s request, copies of recent letters sent to Eaton “to enable you to answer the letter of the Bey of Tunis, demanding cannon” (Wagner to Jefferson, 31 Aug. 1801, Smith to Jefferson, 31 Aug. 1801, Jefferson to Smith, 5 Sept. 1801 [DLC: Jefferson Papers]; see also JM to Livingston, 4 Sept. 1801, and Wagner to JM, 12 Sept. 1801).

   These enclosures (NHi: Livingston Papers), docketed by Wagner as “Instructions to Mr. Dawson,” March 1801 (2 pp.), and “Copy of the instructions to Messrs. Ellsworth and Murray” (undated; 5 pp.), were intended by JM for inclusion in his draft instructions to Robert R. Livingston, ca. 17 Sept. 1801. Wagner eventually forwarded them to the minister on 2 Oct. 1801 (JM to Jefferson, 3 Oct. 1801, n. 1).


Title: To James Madison from George Davis, 31 August 1801 (Abstract)
From: Davis, George
To: Madison, James

31 August 1801, New York. Reminds JM of letters from Edward Livingston, DeWitt Clinton, and Samuel Mitchill recommending him for the post of consul for Algiers, which he forwarded on 23 July. Wrote JM on 6 Aug. [letter not found] requesting to be considered for post at Tunis or Tripoli. Dr. Kemp of Columbia College has also written to Jefferson on his behalf. Reports that the frigate Chesapeake is nearly ready for sea and wishes to know if he should continue as an officer on that vessel or resign.

   RC (DLC). 2 pp.; docketed by Wagner as received 4 Sept. New Yorker George Davis held a commission as surgeon in the Navy (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:334).

   Davis’s letter was dated 24 July (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:470–71).


Title: From James Madison to Peder Blicherolsen, 1 September 1801
From: Madison, James
To: Blicherolsen, Peder

Sir.
Virginia September 1st. 1801.
I have been honoured with Your letter of the 9th. Ulto., accompanied by two letters adressed to the President, by a copy of Yours of July 31st. already acknowledged, and a copy of Your letter of credence.
The President not hesitating to yield all the confidence due to the presumptive evidence of Your public character, and disposed to abridge the inconveniences resulting from the circumstance, which has delayed the formal exhibition of it, has authorised me to accede to the mode You have proposed for rendering Yourself, during this non-official interval, usefull to the interests of Your country-men within the United States. In communicating this sanction to Your wishes, I feel much pleased in the perfect assurance, that they will be carried into effect with all the delicacy and discretion, that can be requisite, as well as in the opportunity afforded me of repeating the sentiments of consideration and esteem, with which I have the honor to be Sir Your most obedient humble servt.
James Madison

   Tr (RA: Foreign Office, U.S., 1801); draft (PHi). Tr in Blicherolsen’s hand. Draft written on verso of draft of JM to Létombe, 25 Aug. 1801. Minor variations between Tr and draft have not been noted.


Title: From James Madison to Albert Gallatin, 1 September 1801
From: Madison, James
To: Gallatin, Albert

Dear Sir
Orange Court-House Sepr. 1. 1801
Before I left Washington, I had through Mr. Barnes negociated at the Bank of Columbia, a note for $1000 which will fall due about the middle of the present month. I take the liberty of inclosing an authority for receiving the quarter’s salary to be drawn on the 1st. of October, which [sic] a request that you will put it into the hands of Mr. Barnes, and if necessary, that you will be so obliging as to lend your name in prolonging the credit with the Bank till the Salary becomes payable. I shall write Mr. Barnes in what manner to apply the surplus of $250. Excuse this trouble my dear Sir, & accept the sincere esteem & regard with which I remain Yours
James Madison

[Enclosure]
I hereby authorize Albert Gallatin Esqr. to receive the quarter’s salary due to me on the 1st. of October next.

James Madison
Sepr. 1. 1801

   RC and enclosure (NHi: Gallatin Papers). Docketed by Gallatin.

   English-born John Barnes was a Georgetown factor with whom both JM and Jefferson dealt. Jefferson appointed him collector of the port of Georgetown on 6 May 1806 (Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 6:39; Records of the Columbia Historical Society, 7 [1904]: 40, 42).


Title: To James Madison from Francis Preston, 2 September 1801 (Abstract)
From: Preston, Francis
To: Madison, James

2 September 1801, Abingdon. Has learned from newspapers that General Davie declined his appointment to negotiate with the Southern Indians and that General Pickens has replaced him. Supposes because of Pickens’s delay in leaving and because of his age and distance from meeting site he will also decline. Offers himself for post but asks JM not to present his name if a more qualified candidate appears.

   RC (NN). 2 pp. Cover dated Abingdon, 6 Sept.

   Francis Preston (1765–1836), having completed terms in the Virginia House of Delegates and the U.S. Congress, had resumed his law practice near Abingdon, Virginia, in 1797 (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)., 15:8 n. 9).

   Andrew Pickens had already left to join fellow commissioners Benjamin Hawkins and James Wilkinson, and he arrived at South West Point in Tennessee on 1 Sept. to negotiate with the Cherokee the opening of a wagon road from Tennessee to Natchez (Alice Noble Waring, The Fighting Elder: Andrew Pickens [1739–1817] [Columbia, S.C., 1962], p. 192; C. L. Grant, ed., Letters, Journals, and Writings of Benjamin Hawkins [2 vols.; Savannah, 1980], 1:362, 368).


Title: To James Madison from Wyllys Silliman, 2 September 1801 (Abstract)
From: Silliman, Wyllys
To: Madison, James

2 September 1801, Marietta. Trusting in his belief that the administration wishes the laws of the national legislature to be generally promulgated, suggests their publication be extended to the Northwest Territory, even though the strict letter of the act of 1798 does not cover territories. Owing to expense of importing books, a newspaper is the main source of information for the populace, and it would be advantageous to have the laws in a newspaper. Out of a desire to inculcate knowledge among the people, he has arranged for publication of a newspaper which will have extensive circulation both in the territory and in the western counties of Virginia, but he cannot cover expense without publishing laws. Informs JM that the nearest papers that do publish laws are in Winchester and Lexington.

   RC (NHi: Gallatin Papers). 3 pp. Reproduced in Papers of Gallatin (microfilm ed.), reel 5. In December 1801 Silliman established the Marietta Ohio Gazette, and the Territorial and Virginia Herald under the editorship of Elijah Backus, to whom he sold his interest within two years (Brigham, History and Bibliography of American Newspapers, 2:810).

   The 2 Mar. 1799 “Act in addition to an act intituled ‘An act for the more general promulgation of the Laws of the United States’” ordered the secretary of state, “as soon as conveniently may be, after he shall receive any order, resolution or law passed by Congress,” to have the same printed in at least one but no more than three newspapers in each state (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:724).


Title: To James Madison from Edward Livingston, [ca. 3 September] 1801
From: Livingston, Edward
To: Madison, James

Dr. Sir
[ca. 3 September 1801]
Mr. M L Davis of this City being about to visit Virginia has requested an introduction to you which I very willingly give because I am convinced you will be pleased as well with his acquaintanc⟨e⟩ as with the information he is well qualified to detail to you of the state of politics in this quarter. I beg you will present me in the most respectful manner to the remembrance of Mrs. Madison & accept the assurance of my being with the highest Esteem Your Mo Obdt Servt
Edw Livingston

   RC (DLC). Dated ca. 1801 in Index to the James Madison Papers. Date here assigned on the basis of Davis’s leaving New York in early September 1801 to travel to Washington, D.C., and Virginia. Docketed by JM.

   Livingston was one of those who had informed Davis in March that he was to be appointed naval officer, leading Davis to decline other positions on the strength of the pending appointment (Gallatin to Jefferson, 12 Sept. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5).


Title: From James Madison to Robert R. Livingston, 4 September 1801
From: Madison, James
To: Livingston, Robert R.

Dear Sir
Monticello Sepr. 4. 1801
Information is just received that the sloop of War, the Maryland, has arrived with despatches from Mr. Murray & Mr. Dawson. By some accident the despatches, tho’ forwarded from Washington have not yet got to hand. It appears however by letters alluding to their contents, that an objection is made by the French Government to the Treaty in the form given to it by striking out the second article. It is extremely probable that this is an ostensible objection only, the real one being drawn from the nature of particular articles which a change of circumstances has rendered less admissible, than they were calculated to be in the posture of Europe at the date of the Treaty. Be this as it may, it is understood that a ratification has not taken place, and that Mr. Murray is engaged in negociation on the subject. It also appears by Official information that the Bashaw of Tripoli declared war against the United States before the middle of May last, and consequently that the services of the Boston, in the Mediterranean, ought not to be unnecessarily delayed, if she is to go at all into that sea. These considerations have led the President to determine that you should embark as soon as the Frigate can be made ready to receive you. She will land you at Bourdeaux and proceed immediately to her destination. The Secretary of the Navy to whom the President communicates his determination by the present mail, will give you such information as will best enable you to regulate your movements in concert with those of the Frigate. Your instructions & other necessary documents will be transmitted with as little delay as is permitted by that which has happened to the despatches.
Mr. Graham, the Secretary to the Legation to Madrid being now ready to join Mr. Pinkney, will probably find it most convenient to be one of the companions of your voyage. With sentiments of the highest respect & esteem, I have the honor to remain, Dear Sir, Your Most Obedt servt.
James Madison

   RC (NNMus); letterbook copy (DNA: RG 59, IC, vol. 1). RC docketed by Livingston.

   See Wagner to JM, 31 Aug. 1801, and n. 5, and 12 Sept. 1801.

   Jefferson wrote to Robert Smith on 5 Sept.: “With respect to the Boston she may get ready for departure as soon as possible. We do not consider it as proper to delay either the vessel or mr. Livingston. The delay under which the treaty is may possibly be perpetual; and if it be so, I see no great misfortune in it.… In the mean time the minister should take his place, and relieve mr. Murray from attendance at Paris” (DLC: Jefferson Papers).


Title: To James Madison from John Quincy Adams, 4 September 1801
From: Adams, John Quincy
To: Madison, James

Sir.
Philadelphia 4. Septr: 1801.
I have the honour to enclose a letter which I was desired to forward to you from Mr: Bourne at Amsterdam.
A few days before I sailed from Hamburg, I sent you by duplicates, copies of a letter which I received there from the Swedish Minister at the Court of Berlin and of my answer to it. As it contained a proposition from the king of Sweden which may be deemed of some importance to the interests of the United States, I now mention the circumstance, that in case neither of those letters should have arrived, I may send you a triplicate of them. I am very respectfully, Sir, your most humble and obedient Servant.
John Q. Adams.

   RC (DNA: RG 59, DD, Prussia, Letters of J. Q. Adams). Docketed by Wagner.

   Probably Bourne to JM, 10 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:296–97), docketed by Wagner as received 10 Sept.

   See Adams to JM, 25 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:348–49 and n.).


Title: To James Madison from Edward Thornton, 4 September 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 4th September 1801.
In conformity to orders which I have received from home, I have the honour of transmitting to you a copy of a report made by the Commissioners of His Majesty’s Customs to the Lords Commissioners of His Majesty’s Treasury, relating to the importation of Tobacco in mutilated and other illegal packages: and I hope that you will adopt such means of notifying the regulation therein contained to the merchants and other citizens of the United States engaged in the importation of Tobacco, as may prevent the disagreeable consequences, which must otherwise attend the continuance of this illegal practice. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2). For enclosure, see n. 1.

   The enclosed 19 June report (3 pp.) stated that British customs officials had seized forty-nine hogsheads of tobacco from different vessels in port because the packages of tobacco had been cut or altered, allegedly for stowage, an illegal practice that often served as a cover for fraud. The goods were ordered to be restored after a remonstrance from Rufus King, but the report requested that public announcements be made to the effect that all tobacco in cut or mutilated packages loaded in America after 1 Jan. 1802 would be seized.

   Thornton’s letter to JM and the report were printed in the National Intelligencer, 9 Sept. 1801.


Title: To James Madison from Rufus King, 4 September 1801 (Abstract)
From: King, Rufus
To: Madison, James

4 September 1801, London. No. 33. Reports that several American merchantmen have been seized off blockaded French coast despite Lord St. Vincent’s assurances that such vessels would be warned and turned away. Hopes to have these ships released soon. Expresses surprise that American merchants still continue to risk valuable ships and cargoes after long experience with the situation and their awareness of the chances of seizure. Latest French newspapers contain Eaton’s circular letter of 25 July announcing blockade of Tripoli. Believes Denmark has agreed to the [Anglo-Russian] convention concluded at St. Petersburg. Notes Prussian intention of retaining Hanover; Russia, instead of interfering to restore Hanover, plans to rest and replenish its army and treasury. Speculates on British motives for the occupation of Madeira. Mentions that Portugal has purchased peace on terms as yet unknown, “tho’ no one doubts the total exclusion of the English during the War.” Cannot say how long the war will last. Negotiations for peace and preparations for [French] invasion continue. Assumes that if the negotiations fail and Egypt is lost, “the project of Invasion … will become more practicable, as well as more likely to be undertaken during the short days of Winter.”

   RC (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy (NHi: Rufus King Papers, vol. 54). RC 4 pp.; in a clerk’s hand, signed by King; docketed by Wagner as received 14 Nov. Printed in King, Life and Correspondence of Rufus King, 3:509–10.


Title: To James Madison from James C. Mountflorence, 4 September 1801 (Abstract)
From: Mountflorence, James C.
To: Madison, James

4 September 1801, Paris. Reports that John Appleton sailed from Dieppe on 29 Aug. with French ratification. On 31 Aug. the Council of Prizes “took up anew the Examination of our captured Vessels, and ordered the Release of Three of them.… Five more are set down for hearing to day.” At Cathalan’s request encloses copy of letter to him from Marseilles health office.

   RC and enclosure (DNA: RG 59, CD, Paris, vol. 1). RC 1 p.; docketed by Wagner. The enclosed 24 Aug. letter from the guardians of public health of Marseilles to Cathalan (1 p.; in French) announced the lifting of the quarantine on American vessels.

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


Title: To James Madison from Job Wall, 4 September 1801 (Abstract)
From: Wall, Job
To: Madison, James

4 September 1801, St. Bartholomew. Acknowledges receipt on 22 Aug. of JM’s 3 July letter [not found] covering Jefferson’s revocation of his commission. Expresses concern that publication of this action “in the Public Vehicles of information” implies a censure he does not deserve.

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

   John Adams had appointed Job Wall of Rhode Island consul for the West Indian island of St. Bartholomew on 24 June 1797. Jefferson’s 2 July letter revoking his commission had appeared in the National Intelligencer on 3 July 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:247).

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


Title: From James Madison to Jacob Wagner, 4 September 1801
From: Madison, James
To: Wagner, Jacob

Letter not found. 4 September 1801. Acknowledged in Wagner to JM, 12 Sept. 1801. Inquires about delay in receiving dispatches from France, instructs Wagner to send him commission for Livingston and other papers, and discusses effects on American claims of the suspension of article 2 of the convention with France.


Title: To James Madison from Thomas Amory and Others, 5 September 1801 (Abstract)
From: Amory, Thomas
To: Madison, James

5 September 1801, Boston. Recommends William Clark, a native of Massachusetts now residing at Amsterdam, for consulship at Amsterdam in the event of a vacancy.

   Tr (DNA: RG 59, LAR, 1801–9, filed under “Clark”). 1 p. Signatories are twenty-four merchants of Boston, Philadelphia, and Providence. Sent as an enclosure in an undated letter from Clark to JM in 1803 (ibid.) requesting the post of consul at Emden, Germany, to which Jefferson nominated him on 9 Dec. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:459).


Title: To James Madison from Stephen Cathalan, Jr., 5 September 1801 (Abstract)
From: Cathalan, Stephen
To: Madison, James

5 September 1801, Marseilles. Encloses copy of letter from Swedish agent at Marseilles announcing that the king of Sweden has ordered American merchant ships to be admitted to Swedish naval convoys in the Mediterranean, “as he is engaged in a Common Cause with the United States against Tripoly.” Since American reciprocity is to be expected, Cathalan is sending copies of the letter to U.S. consuls in Spain and Italy to be communicated to commanders of American naval vessels. Reports three U.S. vessels in port will sail under convoy of Swedish frigate Thetis if no American warship appears. In consequence of his efforts the quarantine on U.S. vessels has been lifted, as reported in the enclosed letter from the health office.

   RC and enclosures (DNA: RG 59, CD, Marseilles, vol. 1). RC 2 pp.; marked “(Copy).” Enclosures (in French) are copies of Swedish agent Folsch to Cathalan, 4 Sept. 1801 (1 p.), and guardians of public health of Marseilles to Cathalan, 24 Aug. 1801 (1 p.).

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


Title: To James Madison from William Eaton, 5 September 1801 (Abstract)
From: Eaton, William
To: Madison, James

5 September 1801, “On board the Grand Turk, Road of Tunis.” Encloses documents on current situation and future prospects of U.S. with regard to Tripoli. Mentions planned project between former pasha of Tripoli [Ahmad Qaramanli], now in exile at Tunis, and himself for land attack on Tripoli. Reigning pasha’s subjects are ripe for revolt; believes bey of Tunis would support project. Suggests that small U.S. warships would be useful as dispatch vessels, which are often needed, and he dares not trust foreigners any longer. Believes “two or three bomb ketches will be absolutely necessary” at Tripoli if efforts to capture Tripolitan admiral fail. Is destitute of funds, has no credit in Europe, but refuses to resort to Jews.

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 2 pp.; docketed by Wagner as received 19 Nov. Enclosures (docketed by Wagner as received in Eaton’s 5 Sept. dispatch) include copies of Dale to Eaton, 28 Aug. 1801 (3 pp.; misfiled under 1802), acknowledging Eaton’s letters of 24 July, 1 and 11 Aug.; Eaton to the British consul general at Tunis, Perkins Magra, 1 Sept. 1801 (2 pp.; with appended note by Eaton), complaining about the conduct of the British consul at Tripoli, Bryan McDonogh, in instigating anti-American actions; and Eaton to captains Barron or Bainbridge, 2 Sept. 1801 (3 pp.), describing the Greek vessel sent to rescue Tripolitan admiral, Murad Rais, from Gibraltar and requesting its interception. RC and enclosures printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:562–63, 569–70, 565–66, 566–68). Also filed with the RC are extracts (3 pp.; with appended notes by Eaton) from correspondence between Henry Clark of Tunis and John Jackson of Mahón regarding Eaton’s complaints on the inferior quality of cloth sent in fulfillment of the order for the bey’s gift.

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


Title: Richard O’Brien to William Loughton Smith, 5 September 1801 (Abstract)
From: O’Brien, Richard
To: Smith, William Loughton

5 September 1801, Algiers. Reports that President and Enterprize arrived at Algiers on 9 July and at Tunis on 16 July; Essex and Grand Turk were sighted at Algiers on 11 July and on 18 July arrived at Tunis. Enterprize has since had successful engagement off Malta with Tripolitan corsair. Commodore Dale notified Tunis on 20 July of blockade of Tripoli. President has left Tunis for Tripoli and Essex for Barcelona to convoy American ships. On 25 Aug. Philadelphia arrived after spending two months guarding Tripolitan cruisers at Gibraltar; O’Brien advised Captain Barron to go to Spain for water and provisions in order to avoid exposure to Algerine shore batteries. Has been unable to settle annuity question as instructed owing to absence of George Washington with stores; ministry threatens to lose patience. Force is to be preferred in dealing with Tripoli as cash payments will lead to greater demands from other regencies. Relates incident in which Spain was required by dey to return three grain-carrying merchant ships seized by Spanish privateer. Adds in a postscript that after he makes third biennial present in a few days, he will be out of funds and the U.S. will be in debt “18 fathoms.” Compares U.S. situation with the Barbary powers with that of the British in Baltic.

   RC (DNA: RG 59, CD, Algiers, vol. 6). 3 pp.; marked by O’Brien, “Shall I request of you Sir to forward a Copy of this letter to The Secretary of State”; docketed by Wagner as received 18 Jan. Further note by O’Brien on cover asks Smith to present enclosed petition (not found) and inform him of minister’s response on subject of ransom of Portuguese captives at Algiers.


Title: To James Madison from Jacob Wagner, 7 September 1801
From: Wagner, Jacob
To: Madison, James

Dear sir
Department of State: Washington, 7 Septr. 1801.
I have been honored with your favor by the last mail, with the several papers referred to, and some patents &c. from the President. I have very little to communicate at present. Of most importance are the letters from Mr. Gavino, mentioning the arrival of our squadron in the Mediterranean, and two naval combats between the French, Spaniards and British. The letters from Mr. Eaton are accompanied by a copy of his charter-party of the Ann Maria. It is of a singular texture. I hope we shall not be obliged also to pay the ransom of the Grandaughter of the Sicilian Count, the history of whom is given in his letter of the 20th. Decr. any more than the sum paid in the political speculation of the Gloria, mentioned in the same letter. These transactions may manifest the acuteness or the gallantry of the Gentleman concerned in them; but the points of connection which they have with the public interests should be clearly exhibited, before they are saddled with the cost. The Ann Maria was at Marseilles on the 14 June, whence she was to sail in ten days for New York.
I have been under the necessity of writing to the Collector of New York to advertise the Ragusan Brig for freight until the first 30 lay days are out, and, if none offers, to allow her to return. Permit me to refer you to his two letters enclosed.
The letter from Mr. Pichon heightens the mystery of the suspension of the Treaty. You will have observed the care taken by Mr. Dawson to notify the French Government of the sailing of the Maryland; neverth’ess this letter is of so old a date as the 14th. June. Mr. Murray’s last letter is of the 9 July. Mr. Pichon assigned several inadequate reasons for the demur; such as the dissipation of Joseph Bonaparte, the ignorance of the whole commission &c.
Mr. Ingersoll’s account requires your approbation. For my own part, altho’ I think the charge is too high for his services in Duane’s case, yet I do not know how to overrule Mr. Dallas’ official certificate of its being reasonable.
I have not fully considered the application of Genl. Lloyd for the cancelling of his contract. He was here last fall, as he states, but I never till lately heard of his desire to be absolved from his contract. It is certain that it never was actually cancelled. Whether it ought to be, will depend upon the solution of the question, whether the U. states have been injured by the delay in making remittances to Algiers, since May last. After we hear from Capt. Dale respecting our affairs there, we shall be best able to judge. At present I think the delay a benefit. The articles stipulated for by General Lloyd were so cumbrous, that they do not constitute a good means of remittance, whilst freight is so high. Before May next, when the last delivery was to take place, the pecuniary commutation may be accepted.
I must beg the favour of your signing a few more blank certificates, which I have enclosed; and to believe that I am with the greatest respect, Dear sir, your most obed. servt.
Jacob Wagner

   RC (DLC).

   Gavino to JM, 4 and 18 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:379–81, 441).

   Copy of charter not found. Eaton’s 20 Dec. 1800 dispatch (docketed as received 7 Sept. 1801) explained that as a humanitarian gesture he had offered himself as surety for the $4,857.30 ransom set for Maria Anna Porcile, the granddaughter of the Sardinian count of St. Antioch, who had escaped service in the bey’s harem and sought American protection. Also, Eaton had persuaded the bey to charter, rather than commandeer, the American merchant vessel Anna Maria for a journey to Marseilles. The bey agreed to pay $4,000 freight, which Eaton intended to credit toward the costs he had incurred in purchasing the Danish prize ship Gloria. Meanwhile, Eaton planned to bill the State Department for the $5,000 charged by the captain of the Anna Maria (DNA: RG 59, CD, Tunis, vol. 1; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, p. 328).

   Enclosures not found.

   Pichon to JM, 5 Sept. 1801.

   Jared Ingersoll, the federal district attorney in Philadelphia, who had prosecuted the sedition case against William Duane, billed the government $300 for his services. The account was paid on 19 Nov. 1801 (Smith, Freedom’s Fetters, pp. 301–2; DNA: RG 217, Misc. Treasury Accounts, no. 12, 867).

   No such application has been found. Federalist James Lloyd was a brigadier general in the Maryland militia, and from 1798 to 1800 he had served in the U.S. Senate where he introduced the Sedition Act in June 1798. In March 1799 he signed a contract with the Navy Department to supply barrel staves, on the basis of which he received an advance of $1,500. Lloyd cut a considerable amount of timber from his property, only to find that it was not suitable for staves, and his subsequent efforts to persuade the navy to take the timber for other purposes were unsuccessful. He therefore proposed that his contract be canceled, subject to his returning the advance with interest. The acting secretary of the navy, Henry Dearborn, agreed in April 1801, and Lloyd returned the sum of $1,786.03 in May 1802 (Benjamin Stoddert to Lloyd, 16 Apr. and 6 Aug. 1799, Charles Goldsborough to William Tilghman, 18 May 1802 [DNA: RG 45, Misc. Letters Sent]; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Finance, 1:806; Philadelphia Aurora General Advertiser, 29 Aug. 1801; Washington Federalist, 7 Sept. 1801).


Title: To James Madison from Samuel Cabot, 7 September 1801 (Abstract)
From: Cabot, Samuel
To: Madison, James

7 September 1801, Boston. Has received JM’s letter of 22 Aug. and in accordance with instructions has transmitted his account to secretary of treasury. Government owes him $1,197.90, of which he requests payment in current quarter. Has referred Gallatin to State Department for information regarding the period and object of his appointment.

   RC (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). 1 p.; docketed by Wagner as received 14 Sept.