Title: To James Madison from Albert Gallatin, [ca. 1 July] 1801
From: Gallatin, Albert
To: Madison, James

Sir
[ca. 1 July 1801]
I have the honor to enclose the rough draft of a letter which may be sent from this Departmen⟨t⟩ to the Collectors of the principal sea-ports. It does not seem necessary that it should be made circular to all the Collectors, as I do not believe it would be proper that the certificate to be signed by the Collector should be like an “health bill” a ship-paper. The papers are to be transmitted to the Consuls from time to time; but if any more precise instructions are requisite as to the periods when to be sent whether monthly or quarterly, or indeed weekly if opportunity should occur, and as to the individuals to whom to be sent, these should be communicated by the State Departmen⟨t⟩ to this, and they will be duly attended to & the letter altered accordingly.
It is proper to add that much doubt remains whether this regulation will be attended with much good. The letter from our Consul at Lisbon contemplated Certificates attested by the Secretary of State himself & only transmitted by the Collectors. I am with great respect Your most obt. Servt.
Albert Gallatin

   Please to return the enclosed, I have no copy.

[Enclosure]
Sir
It appears by communications from our Consuls and other Agents abroad that certificates of the health of our Sea-ports duly attested might often tend to alleviate the hardships of the Quarantine laws of foreign Countries on our ships & vessels.
It is therefore thought proper that you should from time to time transmit by our vessels to those Consuls certificates of the health of (your seaport.) The certificate should uniformly comport with strict truth, nor should any false policy induce even the non-transmi⟨ssion⟩ of certificates at times when (insert the sea-port) should unfortunately be afflicted with any disease of a contagious nature. On the contrary, the only means of relieving our vessels, from improper restraints, is by impressing foreign Governments with the idea that not only no motives can induce our officers to grant false certificates, but that they intend to communicate at all times such official information as will enable them to act with perfect safety to the health of their own sea-ports. It seems also proper that those certificates should be countersigned by the naval officer. I am

   RC and enclosure (DNA: RG 59, Undated Misc. Letters, ca. 1790–1843). Enclosure headed “Circular to the Collectors of.” Dated 15 July 1801 in Papers of Gallatin (microfilm ed.), reel 5; for conjectural date here, see n. 1.

   Gallatin wrote to Jefferson for his views on 7 July, acknowledging receipt of “observations of the Secy. of State, to whom the rough draught was communicated, which observations have produced the last paragraph but one in the circular” (DLC: Jefferson Papers). JM’s observations have not been found. Gallatin sent the revised circular letter to JM on 22 July.

   See Bulkeley to JM, 27 Mar. 1801.


Title: From James Madison to Louis-André Pichon, 1 July 1801 (Abstract)
From: Madison, James
To: Pichon, Louis-André

1 July 1801. Invites the Pichons to dine with the Madisons “on Sunday next at 3 oClock.”

   RC (Biblioteca Civica, Torino, Italy). 1 p.; in Dolley Madison’s hand.


Title: To James Madison from William Vans Murray, 1 July 1801 (Abstract)
From: Murray, William Vans
To: Madison, James

1 July 1801, Paris. No. 6. Encloses note from French commissioners refusing to agree to unconditional suppression of second article. “To you Sir I can say that I wish I had been authorised to subscribe to a joint abandonment of Treaties & indemnities. As claims, they will always be set off against each other by them; & I consider the cessation of their claim to Treaties as valuable.” Believes French will offer conditional ratification similar to that of U.S.

   RC and enclosures (DNA: RG 59, DD, Netherlands, vol. 4). RC 1 p.; docketed by Wagner as received 31 Aug. Enclosures (numbered 14 and 15) are copies of the French commissioners’ 27 June letter to Murray (1 p., in French) and his reply of the same date (1 p.).


Title: To James Madison from James Leander Cathcart, 2 July 1801
From: Cathcart, James Leander
To: Madison, James

No 8.
Sir.
Leghorn July 2 1801.
I am extremely happy to inform you that honor has re-assumed its Empire in the bosom of the King of Sweden & that he has protested the Bills drawn by Mr Tornquist to the amount of Two hundred & forty thousand Dollars the sum promised by him to the Bashaw of Tripoli as the price of Peace & that he has resolved to repel the demand for an annuity of 20,000 Dols by force of Arms & will send a squadron against Tripoli as soon as his affairs are settled with Great Britain. Every pains has been taken to keep this intelligence secret lest it might arrive at Tripoli & injure their Captives, but I have it from authority which precludes the possibility of my being deceived & I trust will be the means of facilitating an honorable negotiation with that Regency, as the very ground of the Bashaws demand upon the United States has ceased to exist in consequence of Swedens refusing to comply with a similar demand upon them. But to conclude an honorable & advantageous peace is not sufficient; no Sir, we must do more, we must harrass them untill they become sensible of their inferiority, we must establish a National Character in this River of theives, as yet we are an infant Nation but little known & our flag has suffer’d & will continue to receive insults untill we resolve to maintain our dignity among the Nations of the Earth by the rigorous laws of retaliation. By the last post from London (via Hamburgh) I received the pleasing intelligence that Commodore Truxton is appointed to command a squadron destined for the Mediterranean & that the Government of the U. S. had resolved to pay no more subsidies to the Barbary States, if Algiers is included in this resolve, it will be a great derangement to the villainous system of imposition permitted to be pursued by the Sanhedrim, who effectually plays into the hands of the Governments where they reside if their views are not counteracted by the resident Consul, which at Algiers I presume has never been the case, as it is a Notorious fact that Mr O’Brien has been indefatigable in procuring them an undue influence in our affairs both at Tunis & Tripoli as well as at Algiers, as you have already been informed by my numerous communications since my arrival in Barbary. Prudence however seems to dictate the propriety of our arranging our affairs first with Tripoli, which I hope will be the means of procuring respect at Tunis; if not we must procure it at the mouth of our Cannons, but should we break with the whole of the Barbary States at once, we must have considerably greater force in the Mediterranean; I propose chastising them one at a time & pursuing such measures at the Ottoman Court as will effectually prevent any coalition taking place injurious to our interest. I not only contemplate the obtaining a permanent & honorable peace but likewise the dethroning the present Bashaw & effecting a revolution in favor of his Brother Hamet, who is at Tunis & thereby insure the United States the gratitude of him & his Successors, for so long as Juseph the Bashaw lives our commerce will not be secure. For even allowing that we conclude a peace upon our own terms, the first time our Frigates are off their guard, or employed upon other Service, his cruisers will capture Americans in retaliation for having imposed upon him terms which he may consider humiliating, not reverting to the cause & that the concessions which we will certainly force him to make are merely inflicted as a just punishment for his temerity & breach of faith & to oblige him to observe his engagements inviolably sacred in future.
I have requested Mr Eaton to endeavour to ascertain how far said Hamet would be willing to engage in an Expedition of that Nature & even should we not succeed in dethroning Juseph nevertheless his presence on board of Commodore Truxton would strike his Brother & adherents with such a panic as could not fail to promote our interests.
The Ship Venture of Boston Capt Loring arrived a few days ago at Genoa in 21 days from Lisbon without having seen any of the Tripolitan Cruisers, when I touch’d at Malta I inform’d Mr England that our Frigates had actually arrived & that I was going to Malaga in quest of them, I likewise requested him to place every obstacle in the way of the Tripoline cruiser which was a fitting out there & if cash could procure an entire suspension of her outfit, that I would be responsible for a moderate sum to be employ’d upon that Service. It appears to me that said report has been made known to the Tripoline Admiral on his arrival at Malta to join the Ship which was fitting out there, which joined to others of a similar Nature which I had circulated before my departure from Tripoli & the Bashaw being informed that I had alarm’d our commerce six months before the declaration of war took place has intimidated said Admiral from cruising to the westward & that they will cruise to the eastward of Malta for a month or Six Weeks & then return to Tripoli & inform the Bashaw that there are no American Vessels out in consequence of my precautions, which however is not the case & many of our Merchants & Captains dispute the Consuls’ authority to detain their Vessels in port, notwithstanding the national consequences of their Capture being fully explain’d to them: I therefore presume that this point merits the immediate determination of Government & that positive instructions ought to be given to all the Consuls in the Mediterranean whether they have power to detain the Vessels of their Nation in port, as the consuls of all other nations have, or whether they are to permit them to sail after being informed of War being declared against us by the Barbary States. I request that my instructions may be as explicit as the Nature of the above point will admit and that you will believe that I have left nothing undone to lessen a calamity which from its constitutional nature I had not in my power to remove. I am with very great respect Sir Yr: most obnt humble Servt.
James Lear. Cathcart
You will please to acknowledge the receipt of my dispatches by date as I have had but one letter from the department of State since my arrival in Barbary consequently am uninform’d of the intentions of govt.
The original of which the above is a Copy was inclosed by Mr. Appleton to Mr. Mount Florence at Paris to be forwarded by him to the U S.

   RC (DNA: RG 59, CD, Tripoli, vol. 2); partial Tr (DNA: RG 233). RC marked duplicate; in a clerk’s hand, except for Cathcart’s signature and postscripts; docketed by Wagner.

   See Humphreys to JM, 6 Mar. 1801, n. 2.


Title: To James Madison from James Lyon, 2 July 1801
From: Lyon, James
To: Madison, James

Sir,
Washington City, July 2 1801.
I hope you will not construe my observation in your office yesterday, respecting the tardiness which the printing of the Laws proceeds with, to be a censure upon Mr. Smith, the present contractor for that business; I am connected with him in a small degree in that Contract, and therefore could not mean it as a censure. The fact is that contract was not made till some weeks after the rising of Congress; the paper was then to be sent for to Philadelphia, and the repeated disappointments which the irregular arrival of that article has occasioned, has protracted the work to a period ill according with the due promulgation of the Laws. It was under an impression that you would wish to correct or guard against this evil in future, that I spoke to you yesterday upon the subject. I would, Sir, with deferrence, suggest whether it might not be proper to have a person engaged to print the Laws, and him prepared at the sitting down of Congress, to execute that business; that he may take them in hand as soon as passed. Perhaps you may not be apprized that it requires a press to be driven smartly a week to print 8 pages of an edition of 10.000 copies. The reason, Sir, that I take the liberty to make these remarks, is my intention to apply for the printing of the laws of the next session of Congress. It is not my intention, now, to speak of the pretentions which I have heretofore considered as deserving a little weight in my behalf but to make you acquainted with my intended pursuits, and to show you their coincidents, with public utility; and I trust to your good nature, rather than apologize for trespassing upon so much of your time and attention.
I suppose, Sir, (because your character warrants me to assume the position,) that you would prefer giving the printing, at your disposal, to a person who would, from the advantages to be derived from that employment, to be able to establish himself in such business, and introduce such improvements in the dissemmination of intelligence, as would be generally interresting to the community, and highly advantageous to every cause which depends upon the information of the citizens at large, rather than to a person who would confine the benefits of such distribution entirely to himself; provided the former would do the work equally as well, cheap and expeditious, as the latter character. As an inducement, then, for you to give me the employment which is at your disposal, I shall submit to your consideration a plan which I have sometime had in my mind, to facilitate the circulation of intelligence, in the interior parts of the country, by introducing printing offices, upon so simple a scale, as to make it practicable to support them, in the most inconsiderable towns or counties. It is presumed that the interrests and habits of the people of the middle and southern states, are so similar, that the same information, and the same set of sentiments, moral and political, is fit to be disseminated to the whole of them; the paper, then, for the whole might emenate from the same press, and most properly from the seat of Government. I propose then that a publication should be instituted here, which should be in the interior country an advantageous substitute for a country newspaper; it should contain as much matter, or more than they generally do, but instead of a folio page it should assume the shape of a pamphlet, of 16 pages, up[on] a half sheet of Super royal paper, to be issued once a week. Then in order to carry the fountains of intelligence almost to every man’s door, there should be branch offices established, in convenient and necessary places, where at the least 100 subscribers could be obtained, and the papers should be conveyed weekly, in the mail to those places, where the country publisher should have a small press, and a few types, to print a cover, in which the paper should be stiched, before it issues to the individual subscriber. The cover would convey only the local affairs of the county, an[d] the expence would be defrayed by those who advertized upon it, while the main body of the work, which would emenate from this place, would be devoted to correct intelligence, Foreign, domestic, & political, while great attention would be paid to every invention or improvement, to aid the economy of Agriculture, and manufactures; such a publication, which would exclusive of the covers, form two vollumes of 416 pages in a year, would, I believe be very cheap at $2..50 cents a year. Upon this plan a country publisher, would receive a profit in proportion to the number of his subscribers, however small, not less than 100, which is not the case, in the usual mode, where he must sink money if he has not 4 or 5 hundred subscr[i]bers. The postage of a paper from here to the country publisher would be $1½ each, but the two papers being printed on one sheet, reduces the postage one half. The statement then of the expence and profit of a country press, where there are 100 subscribers, will stand thus. To one hundred papers pr week, for a year remitted from the office at this place (allowing a sufficient profit on the business)— 86..00

to amt of postage 100 Numbers a week, at ¾ of a Cent, for one year—
39..00

125..00

which deduct from the whole amt. of 100 sub. at $2..50. leaves $125..00 for the little attention which must be given to the business, and which would encrease in propo[r]tion with his patrons. The capital required to establish the office in the country, which would be extremely simple, would be—for a small press $30. for some small ty[p]es for printing the covers 25$—for several kinds of large type, in small quantities, for printing, handbills, blanks, &c 30$—for fixtures in the office, 15$ and for transportation 50$—total only $150.
Thus you see when the business is once started, a pr[i]nting office may be established and supported, in any place where one hundred subscribers can be obtained, with very little capital, and with great ease.
I have only wished to convince you of the practicability of the plan. I hope that object is effected. It would be rediculous to attempt to convince you of the immence advantages to the intelligence, the morals, and the hapiness of the people, which the extensive distribution of presses here contemplated, would prove, if carried into effect. Nothing but my inability prevents me from reducing this plan immediately to practice; I wish to be made able, but not at your expence, nor that of the public, but by a preference only, in the distribution of your employment, and upon the same terms that others have it; and I hope, Sir, that my conduct, may not have been at war with propriety, in submitting this plan, and request to your consideration. With Great Esteem, Sir Your obedient Servt
J Lyon.

   RC (DLC).

   James Lyon, son of Congressman Matthew Lyon, began his publishing career in 1793–94 with the Rutland, Vt., Farmer’s Library. By 1800 he was involved with several small papers in Virginia and Washington (Richmond Friend of the People, Staunton Scourge of the Aristocracy, and Georgetown, D.C., Cabinet) and with publication of Callender’s Prospect before Us (Smith, Freedom’s Fetters, pp. 229, 349; Brigham, History and Bibliography of American Newspapers, 1:98, 2:1447).


Title: To James Madison from William Vans Murray, 2 July 1801
From: Murray, William Vans
To: Madison, James

No. 7
Sir
Paris 2d. July 1801.
Mr. Roederer called to see me Yesterday P.M.—they wish, as I expected, to pass by the Offer to re-establish the Second Article, and to do One of Two Things.
1st: that there be an Article in the Procès-verbal of the Exchange, of the following Import—that in a Year shall be exchanged an Article declaring that the respective Pretentions which were the Object of the Second Article shall never be reproduced (I here follow a Close Translation of what Mr. Roederer said) or Secondly a Ratification on their Part on the same Condition.
In the first Alternative, the Ratification on their Part would be a pure and simple Accession to our Terms. And the Reserve would be in the Paper, which it is usual on Exchange to interchange among the Ministers employ’d—in the Nature of a Certificate of Exchange, which is more for their own Security, than to add Validity to any Thing done.
As in either Branch of the Alternative no Time would be gained, because the Senate would have to act on Either, I shall if the choice be placed officially, prefer the Latter. The first would be the most agreeable, as it avoids the public Appearance of a Retort on their Part, by giving in turn a conditional Ratification. But having no Power to dispose of what may be considered as a valuable Claim for the future, though I do not consider it as worth a Quarter per Centum, and not accelerating the final Arrangement, by taking on me this Responsibility, I shall decline the first Proposition. Indeed I have already informed them that I could not sign an Article to that Effect—but it was never before so formally brought forward.
As to the additional Article, the French Ministers reported in favour of its Adoption—and stated the Arguments, which I made Use of at the first Conference on the 8th. ulto., in their Report. These were drawn from my Instructions. I have the Honour to be with great Respect Sir Your most obedient Servant
W. V. Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Marked triplicate; in a clerk’s hand, signed by Murray; docketed by Wagner as received 21 Nov.


Title: To James Madison from Louis-André Pichon, 2 July 1801
From: Pichon, Louis-André
To: Madison, James

13 Messidor an 9. 2d. july 1801.
Cn Pichon with his respects forward Mr. Madison the inclosed extract of his dispatches from Cayenne, which proves that the government of that place are eager to execute the instructions they received from france as soon as the Treaty was signed at Paris.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). Enclosure 3 pp., in French.

   The enclosed extract of the 15 May letter from the French agent at Guiana to Pichon announces the arrival of the naval minister’s 19 Nov. 1800 dispatch urging him to promote relations of amity and trade reestablished with the U.S. by the convention.


Title: From James Madison to Albert Gallatin, 2 July 1801
From: Madison, James
To: Gallatin, Albert

Letter not found. 2 July 1801. Acknowledged in Gallatin to JM, 14 July 1801. Encloses requisition designating Bird, Savage, and Bird to receive U.S. funds.


Title: To James Madison from Pierce Butler, 3 July 1801
From: Butler, Pierce
To: Madison, James

Dear Sir
Philada. July the 3d 1801.
I trouble You with the inclosed letter from Mr. Dominick Hall, a Gentleman of the Bar in So. Carolina. I know very little of him; but under existing Circumstances I dont know that You can do better. He is a steady Republican.

Pray has anything been done for poor Freneau? I feel solicitous to see him out of the reach of want. I am persuaded You have not less friendly feelings towards him.
It is so intensely warm here that I can scarce write—how must it be with You! This Country suffers from a want of rain. With sentiments of sincere regard & Esteem I am Dear Sir Yr Obedt.
P. Butler
The Mercury at 90 Farenht.

   RC and enclosure (DLC). Enclosure (1 p.), Hall to Butler, 16 June 1801, asks Butler to support his candidacy for the chief judgeship on the U.S. fifth circuit.


Title: To James Madison from Thomas Sumter, 3 July 1801
From: Sumter, Thomas
To: Madison, James

Dear Sir
Stateburgh 3d. July 1801
Since it hath been made Known that Mr. T. Gaillard has declined Serving as one of the Circuit Judges of the 5th. district of the U. States Several respectable Gentn. Now Assembled at this place has requested Me through you to make it Known to the President of the united States—that Wm. James, Esqr. of this place is thought to be a Suitable person to fill this Vacancy.
This Gentn. compleated his Clasical education at Princeton from the Colege of which place—he has taken degrees. He has been a Practitioned [sic] at the bar of the Superior Courts of the districts of Camden Cheraw Georgeton & Sumter—for near Twelve years. It may not be improper to remark—it is understood that a Mr. Dominick A Hall a Gentn of the City of Charleston is also a Candidate for this appointment, that it is probable these Gentlemen Stand nearly upon equal Ground in point of Quallification—but it is Just to observe, that Mr. James’s revolutionary Services & principles were & continue conspicuously calculated to Give due energy to the Constitution & every part of the Government, which hath or Shall be administered conformably thereto. I am persuaded, few Selections Could be made, which woud prove So Gratifying, to the most respectable Citizens of the interior Country.
I will Close this hasty communicati[o]n & beg leave to refer you to my Son for farther information respecting this Gentns. merits & Standing in all our conflicts, late, as well, as formerly. I am Dear Sir with the highest respect—your most obt. Hbe. Servt
Thos. Sumter
P S. I beg the being Straitened in point of time, may be admitted, an apology for Treating this Subject So Cursorily.

   RC (DLC). Docketed by JM.

   William Dobeian (or Dobein) James apparently attended the College of New Jersey between 1786 and 1787. In 1801 James was solicitor of the northern circuit of South Carolina, and the following year he succeeded Aedanus Burke as a chancellor in the court of equity. He served until 1824 (O’Neall, Bench and Bar of South Carolina, 1:236; unpublished biographical sketch, alumni records office [NjP]).

   Sumter’s son, Thomas Sumter, Jr., was preparing to depart for France as Robert R. Livingston’s secretary of legation.

   Virginia-born Thomas Sumter settled in South Carolina. During the Revolution Sumter was noted for his guerrilla forays against the British under Cornwallis. JM’s colleague in the First and Second Congresses, Sumter returned to the House in 1797. In December 1801 he was elected to the Senate.


Title: To James Madison from John Gavino, 4 July 1801
From: Gavino, John
To: Madison, James

No: 66
Sir
Gibraltar 4th: July 1801
My last dispatch was No: 65 ⅌ the Schooner Charlott of New York with Copy of one of 9th: April from Consul OBrion.
On the 26t: Ulto: arrived the State Schooner Enterprize Capn: Steritt, who had Ceperated from the Squadron intended for those Seas, and on the 29th: Ditto anchord in this Bay a Tripoly Ship of 28 Guns (american Built) with 246 Men, Commanded by their high[e]s[t] Admiral, an Engh: Renegado Maried to the Bashaws Daughter; also a Brig of 16 Guns & 146 Men they are both Cruisers Sailing in Compy: reported on arrival to the Health Office that they had been out 35 days & Captured nothing, but wanted Water; the Prattick Master askd of the Admiral if they were at war with america, sayd was not. On the 30th: ditto arrived the President Commodor Dale, the Philadelphia & Essex frigates, they Anchord close to the above Cruisers who were in Quarant[in]e, I imediately waited on the Commodr: taking wth: me Consuls OBrion & Cathcarts Letters relative to the affairs of Barbary &ca: for his information. He Deliverd me your favour of 24th: May last, the Contents of which duely noted, & permit me to assure you that every thing in my Power to serve the Comodor his Squadron & the Nation in Genl: shall not be wanted, and it will give me the greatest pleasure, when can be usefull to either, as in duty bound; The Comodor made Enquiry of the admiral if they were at War or Peace with the U. States he sayd the Latter, then he enquired if he left Consul Cathcart well, he replied that he had gone from Tripoly a fortnight before he Saild, for Tunis, that he went of his own accord, and that he was no friend to the Americans, I likewise went a long side of him Yesterday Morning (as his agent Expressd to me that he wishd to have some Conversation wth: Commodor Dale) to tell him, as he was to get Prattick that day the Commodor had no objection in seeing him on board the President, or at my house on shore; which he rejected saying ⟨he⟩ would see us at a Tavern & no where els⟨e,⟩ indeed I perceived he was triffling in the business, so that the Commodor determind to go to Sea with the Squadron, which he did this Morning taking with him the ship Grand Turk bound to Tunis with the Stipulations, & the Brig Hope of Baltimore Jas: Norman Commander, for other particulars permit me to refer you to what Commodor Dale, now writes the Secy: of the Navy, & to the inclosed Copy of Consul OBrions Letter to me of the 27th: May regarding the Grand Turk by return of the Express sent him on that subject.
Some time ago came here from Alguesiras the Brig Neptune John S. Crane Commr: wch: he says to have bought there, also the Cargo Consisting of Port Wine, Oil, & Wool, when he was on the point of sailing the Spanish Goverment Detaind his Papers & Commenced a Sute on supposition that he was coming here with the Cargo (wch: was cleard for New York), but the night before they were to begin Landing, he got the Vessel under way & brought her here, where after remaining some days, was detaind by His Majys: Polaca Calpe Capn: Dundass as having no Papers on board, she was libeled, when I made repeated official applications to the Spanish Govr. of St: Roque and he sent me Authentick Copys of the Detaind Papers which were presented on the day of Tryal, so that the Vessel & Cargo was liberated, and free of Costs of Sute.
A few days since came in Sight from the East three french Ships of the Line and a frigate, but the wind taking them short in the Gutt, got a back of the Rock; this day sprung up to the East, when they went to Alguesiras & are landing 2800 seamen to Man the ships at Cadiz, before wch: Port arrived Sir James Semmorez with five Sail the Line from England when joind the two that were there; said French squadron came from Tolon & Captured aback of the Rock the Engh Brig of War Speedy, & the Mahon Packet, both coming to this Port.
I now inclose the Return of the last Six Months arrivals at this Port; and have the honor to be—Sir Your most obedt. & most he. St:
John Gavino

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC docketed by Wagner as received 7 Sept. For surviving enclosure, see n. 2.

   Circular Letter to American Consuls, Mediterranean, 21 May 1801.

   O’Brien’s 27 May letter to Gavino (4 pp.) recommended that the Grand Turk sail at the earliest date with its stipulations for the government of Tunis. He also reiterated his complaint that the U.S. was two-and-a-half years in arrears on its annuities to Algiers and observed that he had not received a letter from the State Department in twenty months. Dale’s 2 July letter to the secretary of the navy is printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:497–99.


Title: To James Madison from Louis-André Pichon, 5 July 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown 5 juillet 1801 16. Messidor an 9
Le Citoyen Pichon présente ses respects à Mr. Madison, et lui transmet avec bien de la satisfaction la copie de la lettre qu’il vient de recevoir du nouvel Agent du Gouvernement de la république à la Guadeloupe. Son contenu prouvera à monsieur le Président des Etats Unis, à qui le Citoyen Pichon espère que Mr. Le Secretaire d’Etat voudra bien la communiquer, que les instructions données au Général La Crosse à son départ, Sont en parfaite harmonie avec les Sentimens que le Citoyen Pichon n’a cessé de manifester depuis son arrivée, au nom du Premier Consul. Le Citoyen Pichon, dans sa correspondance avec le Général La crosse, ne perdra aucune occasion de l’entretenir dans les dispositions qu’il témoigne. Le Cn Pichon depuis son retour à George Town n’a pas encore pu éxaminer les affaires sur lesquelles Mr Madison lui a demandé son avis. Aussitôt qu’il l’aura pu faire il s’empressera de répondre à la confiance de Mr. Le Secrétaire d’Etat en lui faisant parvenir le résultat de son examen.

Condensed Translation
Transmits copy of letter from Guadeloupe that confirms General Lacrosse has orders in perfect harmony with those Pichon received from the first consul. Promises in correspondence with Lacrosse to cultivate these friendly dispositions. Notes that since returning to Georgetown he has been unable to attend to the matters JM has addressed to him; will do so immediately.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:271). RC in a clerk’s hand, dated by Pichon; docketed by Wagner as received 6 July. Enclosure 3 pp., in French; docketed by Wagner.

   The enclosed copy of Lacrosse to Pichon, 1 June 1801, acknowledges receipt of Pichon’s letter announcing his arrival in the U.S. and gives Lacrosse’s assurance that the convention with the U.S. does not have a warmer supporter than himself.


Title: To James Madison from Richard Bland Lee, 6 July 1801
From: Lee, Richard Bland
To: Madison, James

Dear Sir,
Sully July 6. 1801
Under cover I send to you a letter from Mrs. Lee to the friend of her youth. Permit me at the same time to assure you, that a visit from no persons, to our hermitage, could afford us more delight than from Mrs. Madison & yourself. Occupied entirely with rural pursuits, & having at present no business to lead me to the city, I trust you will without ceremony favor us with your company, whenever the public interest and your own convenience will allow you to make an excursion of a few days. The route from Washington is to Fairfax court house—and thence a very level smooth road to mine. I am Dr Sir, with entire respect & esteem yr. obt Sert
Richard Bland Lee

   RC (DLC). Cover marked private by Lee. Enclosure not found.

   Elizabeth Collins Lee, born into a prominent Philadelphia Quaker family, had been Dolley Madison’s closest childhood friend (Virginia Moore, The Madisons: A Biography [New York, 1979], p. 8).

   Richard Bland Lee (1761–1827), born in Prince William County, was a key Virginia representative in the First Congress and twice won reelection as a Federalist. In 1815 JM appointed him commissioner of war claims.


Title: To James Madison from David Meade Randolph, 6 July 1801 (Abstract)
From: Randolph, David Meade
To: Madison, James

6 July 1801, Richmond. Following JM’s instructions regarding census returns, he has handed to the eastern district marshal all those received from his assistants. The western district returns “still remain unapplied for,” and he is anxious to be relieved of them. His application for payment to cover “the progress which I had made in this business” has not been approved by the Treasury Department. Suggests that he be allowed to take the $386.84 due him from the federal funds still in his custody.

   Tr (DNA: RG 233, Petitions and Memorials, 7th Cong.). 3 pp.; in Randolph’s hand; marked “(A Copy).”


Title: To James Madison from Edward Stevens, 6 July 1801 (Abstract)
From: Stevens, Edward
To: Madison, James

6 July 1801, Cap Français. Acknowledges JM’s letter of 2 June, reports compliance with its instructions, and expresses regard for his replacement. Assures the president that “during the short Time I have still to remain in St: Domingo, nothing shall be wanting on my Part, as far as my personal Services can extend, to promote the public Interests, or to render Colo: Lear’s Residence in the Colony both useful and agreeable.”

   RC (DNA: RG 59, CD, Cap Haitien, vol. 3). 4 pp.; docketed by Wagner as received 6 Aug.

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


Title: To James Madison from Thomas Bulkeley, 7 July 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

7 July 1801, Lisbon. Announces arrival the day before of Sarmento, Pinto’s first secretary. Pinto is expected 8 July.

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 2 pp.; cover marked private and “via New York”; postmarked New York, 13 Aug.; docketed by Wagner as received 18 Aug.

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


Title: To James Madison from Willink, Van Staphorst, and Hubbard, 7 July 1801 (Abstract)
From: Willink, Van Staphorst, and Hubbard
To: Madison, James

7 July 1801, Amsterdam. Transmits annual account showing State Department debit of fl. 90,670 Holland currency, against which firm will apply Pettit and Bayard’s bill of fl. 35,000 remitted 22 Apr. Informed State Department in letter of 31 Oct. 1800 that “Our Disbursments … would progressively increase by our payment of the Salary of Mr. Adams. Our advances will now still more be Swelled by the Salary of Mr. Humphry [sic].” Encloses copies of Humphreys’s letter regarding his salary and expenses and firm’s reply. Expects reimbursement for advances and “to meet all the future and probable Exigencies” of American ministers.

   RC and enclosures (DNA: RG 59, Letters Received from Bankers). RC 2 pp.; addressed to Lincoln as acting secretary of state. Enclosures 2 pp.; docketed by Wagner.


Title: Circular Letter to Port Collectors, [8 July] 1801
From: Madison, James
To:

Sir,
Department of State, Washington, July 8th, 1801.
You will receive herewith a list of men who alledge they are American citizens, born in the State of Pennsylvania, and are detained on board British ships of War, for want of proof of their being such, together with an additional one of persons in the same predicament, whose places of birth or abode in the United States ⟨are un⟩known.
Both these lists are sent to you ⟨for the⟩ same purpose, and with the like re⟨quest, that⟩ induced and accompanied the tr⟨ansmission⟩ of others of a similar nature, which ⟨here⟩tofore went to you from this depart⟨ment.⟩ I am very respectfully, Sir, Your most obt. Servant
James Madison

   Printed copy (N.Y. American Citizen and General Advertiser, 15 July 1801). Addressed to George Latimer, collector for the port of Philadelphia. Appended list of impressed seamen includes twelve from Pennsylvania and six whose places of residence were unknown. An item printed in the Alexandria, Va., Times, and District of Columbia Daily Advertiser, 13 July 1801, listing Virginia seamen, indicates the message was broadcast to all U.S. port collectors.


Title: To James Madison from Charles Pinckney, 8 July 1801
From: Pinckney, Charles
To: Madison, James

Dear Sir
July 8: 1801 In Charleston
In conformity with your request I now acknowledge the receipt of Your favour & the inclosures. Instructions Commission Letter of Credence, cypher Passports & Letters to Messieurs Willink Staphorst & Hubbard. As I shall take at least two thirds of my Outfit in Europe You will my dear sir oblige me by writing to them soon to answer my Drafts for as much of the Outfit as I choose to draw for on them, as well as my salary as Your letter is not quite explicit as to the Outfit. If I can negotiate the Bill I shall only draw for about two or three thousand Dollars here on the Treasurer at Washington & will thank you to authorise his honouring my Draught to that amount.
I am aware the Part I took in the Election here & in politics for the last 5 or 6 Years will draw down upon my nomination a great deal of opposition from the federalists, & I shall depend upon You & my friends at Washington so to manage my nomination as to prevent the affront of a rejection. From being in New York at the time You must remember the Part I took in Congress on the Question of the Misissipi treaty & the share I had in preventing the treaty with the Occlusion of the River, from being then adopted. This will prove that even at that time, I was not unacquainted with the Interests of the Western Country or its rights or Boundaries & that I am entitled to some support & consideration from it’s friends. Knowing that it will give all the highflying federalists & old Tories here, whose hatred for me seems to increase, the greatest pleasure to have me rejected I am anxious to disappoint them & trust my friends will exert themselves to do so, with the same Zeal & sincerity that I have always exerted myself to support the republican interest here at the risque of every personal inconvenience & family Derangement. General Pinckney & his Brother the Major have never spoken to me since the Presidential Election & You can easily find from conversing with Major Butler & Colonel Hampton—General Sumpter & all our friends here how hostile the federal interest are to me. I think however it is crumbling into nothing & that a firm Determination on the part of Government to support all their own friends & keep its offices & influence in their hands will forever fix & secure the present administration.
I am hopeful to sail in ten days & shall observe with great attention & Diligence all Your instructions & Write You very frequently. If nothing prevents my arrival at Paris, to which Place I am bound, Via Havre or Amsterdam, I am trying to reach Madrid early in October & shall use every Exertion to do so. With great respect & affectionate respect I am dear sir Yours Truly
Charles Pinckney

I have drawn for Three thousand Dollars only of my Outfit which Bills will go on next Week. To refresh Your Memory on the subject of the agency I had on the former Misissipi Question I send you the inclo[s]ed being some of the copies I had left as it was printed for the Use of the then Southern Members.

   RC (PPRF). Postmarked Charleston, 20 July; docketed by Wagner as received 31 July, with the notation: “Mr. Gallatin will honor his bill.” For enclosure, see n. 2. The editors believe this letter is the one calendared as 6 July 1801 in the lists probably made by Peter Force (DLC, series 7).

   In August 1786, when Congress debated the proposed Jay-Gardoqui treaty, Pinckney had led the attack of southern states against the possible closing of the Mississippi River to American navigation—a concession Jay was willing to make in exchange for Spanish commercial concessions. Although not a member of Congress, JM was in New York in late July-early August of that year and during his absence was kept informed of the debates by Monroe (Monroe to JM, 11 Aug. 1786, PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 9:91–92).

   Mr. Charles Pinckney’s Speech, in Answer to Mr. Jay … August 16, 1786 ([New York, 1786]; EvansCharles Evans, ed., American Bibliography … 1639 … 1820 (12 vols.; Chicago, 1903–34). 19926). A copy of this privately printed speech is in the Madison collection of printed materials, Rare Book Division, Library of Congress (see American Historical Review, 10 [1904–5]: 817–27).


Title: To James Madison from Aaron Burr, 9 July 1801
From: Burr, Aaron
To: Madison, James

Dr Sir
Nyork 9 July 1801
Mr. Hunt who was mentioned in a letter which I wrote you some Weeks ago, is desirous of the honor of being personally known to you. The high estimation in which he is holden by some of our most respectable friends in this City, has been already communicated to you. The very slight personal a⟨c⟩quaintance which I have had with him, tends to confirm me in their opinions & prepossessions.
In addition to that which has been said of his talents and integrity, I am satisfactorily assured that he has in the worst of times uniformly espoused the prin⟨ci⟩ples of the present administration and been active & useful in the support of them. I have the honor to be with great respect Your Obdt st
A; Burr

   RC (owned by Charles M. Storey, Boston, Mass., 1961). Cover marked by Burr: “Mr. Hunt.”

   Letter not found.

   W. P. Van Ness and others to JM, 19 May 1801 (DNA: RG 59, LAR, 1801–9). Van Ness and twenty-three other “republican young men” recommended Henry Hunt to be consul at one of the French ports, describing him as “a merchant of capacity & information, & well qualified to discharge the duties of such a station.”


Title: To James Madison from William Vans Murray, 9 July 1801
From: Murray, William Vans
To: Madison, James

No. 8.
Sir
Paris 9th. July 1801.
Nos. 16 and 17 which I have the Honour to inclose will show you the present State of the Negotiation since my last.
The sole Difficulty is the Abandonment on each Side of Pretensions arising from Indemnities and Treaties. It is extremely difficult for me officially to say any Thing on these Points. We consider Treaties as not existing: they consider them (at least for Purposes of Negotiation) as not surrendered on their Part. They wish to get rid of both the Claim to Treaties and Indemnities. Unless I were authorised, I can not speak upon the Claim to Indemnities; nor admit the Claim to Treaties as forming an Object of Discussion. All then, Sir, that I can attempt is to obtain the general Object which you have prescribed, without venturing upon Discussions of a ticklish Nature, but the Discussion of which is intimately entangled with the general Object! The Reserve apparent in my Notes will be thus explained. My Object is yet to obtain a simple Exchange on our Terms, and even yet I do not dispair of obtaining it, or Something very near it.
The Frigate will now depart for the United States—but I shall search for Opportunities every Week to keep Government exactly informed.
The ill Health of Mr. Talleyrand has obliged him to go to the Baths an hundred and Eighty Miles from Paris. He will be absent a Month. The foreign Relations are deposited with Mr. Caillard, late Minister at the Hague and at Berlin. Bonaparte has been indisposed, but I am happy to inform you that he is better. These Things united with the Difficulties of the Case tend to Delay. I have the Honour to be with high Respect Sir Your most obedient Servant
W. V. Murray.

   RC and enclosures (DNA: RG 59, DD, Netherlands, vol. 4). RC marked duplicate and sent “via Holland”; in a clerk’s hand, signed by Murray; docketed by Wagner as received 24 Sept.

   Murray enclosed copies of the French commissioners’ 3 July letter to him (1 p., in French) and his reply of 5 July (1 p.).

   The 1778 Franco-American treaties.


Title: To James Madison from Samuel Smith, 9 July 1801
From: Smith, Samuel
To: Madison, James

Dr. sir,
Baltimore 9th. July 1801
Mr. John Dumeste, born in France was in this Country previous to the Revolution, married in this City, to a Native about the Year 1781 or 1782. He is about to go to the Isle of France & wishes a Passport for himself & family Consisting of—himself—

Elizabeth Dumeste
his Wife

John-Paul Dumeste
 "    son

George Kaporte Dumeste
 "    Do.

Jacob Adrian Dumeste
 "    Do.

Ann Elizabeth      "
Daughter

Elizabeth Genevieve "
    Do.

Catharine Virginia   "
    Do.

Henrietta Maria     "
    Do.

Do me the favor to send me a Passport for this family Immy. & you will greatly Oblige.
By this Gentleman I wish to send Mr. William Buchanan’s Commission as Commercial Agent for the Isles of France & Bourbon. The President has expressed his Intention to make that Appointment, will you do me the favor to attend to it.
Who is Mr. Edward Jones, the appointed to Guadeloupe? It was hoped that Mr. Gauntt would have been Named to that place. His Father a useful Republican of Prince Georges County will be greatly dissappointed & may (& I fear will) relax at the approaching Election. I am Dr. sir, your friend & servt.
S. Smith

   RC (DLC).

   John Dumeste (or Dumestre) of Baltimore owned an interest in several Maryland privateers during the Revolution (William Hand Browne et al., eds., Archives of Maryland [72 vols.; Baltimore, 1883–1972], 43:282, 45:495, 48:37).

   William Buchanan, Smith’s cousin and a Revolutionary War veteran who in 1792 was appointed a captain in the army, had spent the last four or five years in France. Jefferson named him to the post Smith mentioned (Smith to Jefferson, Mar. 1801 [DNA: RG 59, LAR, 1801–9]; National Intelligencer, 21 Aug. 1801).

   Edward Jones, appointed commercial agent at Guadaloupe, described himself as a Marylander “well known to the Mr. Mason’s and Mr. Stoddert.” Jefferson appointed Thomas T. Gantt to Nantes (Jones to Jefferson, 25 Mar. 1801 [DNA: RG 59, LAR, 1801–9]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:402; Livingston to JM, 11 July 1801, n. 2).


Title: From James Madison to Wilson Cary Nicholas, 10 July 1801
From: Madison, James
To: Nicholas, Wilson Cary

My dear Sir
Washington July 10. 1801
I can not at so late a day acknowledge your two favors of  without an explanation which I am sure your goodness will accept as an apology. Having brought with me to this place a very feeble state of health, and finding the mass of business in the Department, at all times considerable, swelled to an unusual size by sundry temporary causes, it became absolutely necessary to devote the whole of my time & pen to my public duties, and consequently to suspend my private correspondences altogether, notwithstanding the arrears daily accumulating. To this resolution I have thus far adhered. I must now endeavor to make some atonement for the delay, and your case is among the first that is suggested both by obligation & inclination.
That one of your letters which is confidential has been imparted to no person whatever. The P. O. Genl. continues in the hands of Col. H. who though not perhaps sufficiently in the views of the Administration, is much respected personally, & is warmly espoused politically also, by some of the purest and most weighty of our friends. It will be difficult to make a satisfactory arrangement for this Dept. that will not involve translations &c. which will prevent a real vacancy. Besides this I am inclined to believe that the P. would be afraid to draw on Virga. agst. competitions which wd. abound from other States. The Indiv[id]ual spoken of by you would, as you must be well assured, be perfectly desired as an associate in the public business, on every consideration, unless it be on that of robbing another important station of his services.
Little has occurred which you have not found in the Newspapers. The task of removing, and appointing officers, continues to embarrass the Ex. and agitate particular parts of the Union. The degree, the mode, & the times, of performing it, are often rendered the more perplexing, by the discord of information & counsel received from different persons whose principles & views are the same. In Connecticut the fever & murmur of discontent at the exercise of this power is the greatest. The removal of Goodrich & appt. of a respectable Repubn. have produced a Remonstrance to the President in the strongest terms that decorum would tolerate. The spirit in that State is so perverse that it must be rectified by a peculiar mixture of energy and delicacy. The Secyship. of the Navy is still unfilled, Langdon havg. lately sent his final refusal. The P. has just offered it to Mr. Robt. Smith, who we hope will be prevailed on to take it.
Our News from abroad have not yet decided the fate of Egypt, or furnished any sufficient data for calculating it. It is believed the Emperor Alexander will endeavor to keep at peace both with France & G. B. & at the same time not abandon the principle of the Coalition. This can only be done by mutually winking at mutual violations of their respective claims.
It is believed, or rather directly asserted by a consu⟨l⟩ just returned from St. Domingo, that Toussaint will proclaim in form, the independence of that Island, within 2 or 3 weeks. This event presents many important aspects to the U. S. as well as to other nations, which will not escape your eye. Lear had not arrived there when the above person came away. We are impatient for the information which may be expected from him.
You have probably heard the rumour of a cession of Louisiana to France, by a late & latent Treaty with Spain. The fact is not authenticated, but is extremely probable. If otherwise not probable, it is rendered so by the apparent policy of counteracting the Anglicism suspected in the Atlantic States, & the alarm excited by Blount’s affair, of some combined project to throw that Country into the hands of G. B. The subject engages our attention, and the proceedings deemed most suited to the complexity of the case, and the contrariety of interests & views involved in it, will be pursued. It may be inferred I think, that if France becomes possessed of this object, her policy will take a shape fitted to the interests and conciliatory to the minds of the Western people. This and the preceeding paragraph need not ⟨be of⟩ promiscuous use. I hope to leave this place within two weeks or thereabouts, being ⟨adm⟩onished to hasten it by a late slight attack of bile to which my Constn. is peculiarly prone. Yrs. Affly.
Js. Madison

   RC (MHi). Docketed by Nicholas.

   Nicholas to JM, 1 and 3 May 1801.

   For the Federalists’ reaction to the removal of Elizur Goodrich as collector in New Haven, see Webster to JM, 18 July 1801, and Constance B. Schulz, “‘Of Bigotry in Politics and Religion’: Jefferson’s Religion, the Federalist Press, and the Syllabus,” VMHBVirginia Magazine of History and Biography., 91 (1983): 76–77.

   Henry Hammond had been named consul at Cap Français 8 Dec. 1800 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:356).


Title: To James Madison from Denis Fitzhugh, 10 July 1801
From: Fitzhugh, Denis
To: Madison, James

Sir
George Town 10th. July. 1801
I am now on my way to Kentucky. Will you be so good as to forward to Fredricksburgh the Deeds from you to Majr William Croghan & Col: Taylor as pr. the decrees handed you Sometime ago, with a letter to your neice requesting her signature. I shall leave Fredricksburgh on Tuesday next. The deeds can come inclosed to me there on that day, if put in the office Monday evening, Any commands that you shoud have to Kentucky, Shall be attended to by your Obdt. Sert.
Denis Fitzhugh

   RC (DLC).

   JM’s niece Nelly Conway Madison was the surviving child of Ambrose Madison, who in the early 1790s had sold Kentucky tracts of 800 acres to Richard Taylor and 106 acres to William Croghan (Richard Taylor to JM, 11 Oct. 1794, PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 15:362–63 and nn. 1, 2).


Title: To James Madison from Meriwether Jones, 10 July 1801
From: Jones, Meriwether
To: Madison, James

Dear sir
Richmond July 10th. 1801
I have taken the liberty to request your aid in procuring an appointment for one of my particular friends. As he differs from me in political sentiment, I should not make the request; but I know that his influence will not be increased by the appointment.
Doctor John K Read of Norfolk, has laid himself out in the Drug line, for supplying every species of medicine chest &c., either for the Marine or the Army. He has been uniformly employed to furnish the Navy and Hospital department in Norfolk; and the surgeons, as well as the commanders of Ships of War, have been pleased, and approved highly of the chests furnished: upon this point, reference may be had to Commodore Truxton & others. If the appointment should be given him, I pledge my honor that he will furnish Medicine &c, on as good terms as they can be had in the United States; and that they are genuine and fresh.
He was formerly employed as Surgeon of the Fort at Norfolk; but he was succeeded by a Gentleman permanently appointed by the Government.
I have nothing to communicate that would be of service to you. The people are very well pleased with the progress of the administration, and I am assured that it will be infinitely more popular than Washingtons. Some few complaints exist at the continuance of certain characters in office, but I believe they will be satisfied with the remedy that the Executive may think proper to apply.
I was pleased to hear from Mr. Monroe that your health increased; mine has been considerably impaired by an obstinate complaint in my Bowels. I am Dr sir with great respect and friendship
M W Jones
I had forgot to mention, that I know you have nothing to do with the department from which the appointment I request will be made. My object in writing to you is simply to procure your assistance, & because I am not acquainted with the Secretary of the Navy.

   RC (ViU: Jefferson Papers). In the lower margin of the second page Jefferson wrote in pencil: “There is not a man in the US. who deserves countenance less than Dr. Reade; he is now under prosecution by order of the legislature of Virginia. Th: J.” (see n. 1).

   Dr. John K. Read (or Reade), a native Philadelphian, was inspector of quarantine or port physician in Norfolk and John Adams’s appointee as naval surgeon there. As an alderman of the borough, Read in 1799 surrendered to the British consul a seaman whom Capt. Thomas Truxtun had turned over to Norfolk civil authorities as a suspected British deserter. The sailor was tried before a British naval court in Jamaica and hanged. In the spring of 1800 Read’s part in the affair came to light. Governor Monroe then directed Attorney General Philip Norborne Nicholas to ascertain any wrongdoing and requested George Hay to conduct an independent investigation of the episode. Hay confirmed Nicholas’s finding that Read “in his official character, exercised powers not given to him by law, and … is guilty of a misurer [sic] of his office.” Monroe began quo warranto proceedings in the district court at Norfolk to remove Read from his post and sought legislation to prevent recurrence of such an incident. Monroe wrote to Adams in February 1801 that the assembly found the matter as it related to the British consul “exclusively cognizable by the General Government.” Read was again alderman from mid-1800 until he resigned in June 1802 (Lower Norfolk County Virginia Antiquary, 2 [1897]: 28–30; CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 9:58, 368; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:309; Journal of the Senate of the Commonwealth of Virginia … [Richmond, (1801)], Dec. 1800, pp. 9–10, 13–25; Nicholas to Monroe, Apr. 1800, ibid., p. 16; Monroe to Adams, and enclosures, 9 Feb. 1801 [DNA: RG 59, ML]).


Title: To James Madison from Rufus King, 10 July 1801
From: King, Rufus
To: Madison, James

No. 24
Dear Sir,
London, July 10th. 1801
The day before yesterday I received the Duplicate of your letter of May 21. and am persuaded that the appearance of Commodore Dale in the Mediterranean must have a favourable influence upon our affairs in that quarter. My No. 20 will have apprized you of the Sentiments of this Government in respect to this Squadron, upon the Supposition that it was destined to the Mediterranean: these friendly assurances have been renewed to me by Lord Hawkesbury upon my communicating to him the purport of your Letter of the 21st. of May.
Annexed I send you the copy of a letter which I have written to Commodore Dale for the purpose of acquainting him with the Orders which have been given for the hospitable reception of his Ships in the British Ports in the Mediterranean.
Together with the duplicate of your letter I received from the Department of State, Mr. Marshall’s No. 12, dated Feb. 26th. and Mr. Lincoln’s letter dated Apr. 29th. With respect to the Depredations upon our trade in the West-Indies, to which both of these letters relate, I can add nothing material to my former communications: In future I think we have reason to expect greater caution on the part of the public and private armed Ships of this Country, and more justice from it’s Prize-Courts. In several conferences with Lord Hawkesbury, I have pressed the adoption of some measure for the immediate restoration of our Property which has been recently & illegally condemned by the Courts of Vice-Admiralty. Could a plan be devised by which we could in a summary way recover back the Property of which we have been deprived, it would save the time & expense that will be required, if the Claimants are obliged to travel thro’ the Court of Appeals. I yesterday resumed the subject, and his Lordship promised me that it should without loss of time be taken into consideration: but I cannot say that I have much expectation that any special Regulation is likely to be adopted.
I complained in strong terms of the delay which still continues in concluding our discussions respecting the 6th. Article, and was explicitly assured that the Cabinet would come to a decision upon that subject in the course of a Fortnight. With perfect Respect & Esteem, I have the honour to be, Dear Sir, Your ob: & faithful Servt.
Rufus King

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9). RC marked duplicate; in a clerk’s hand, signed by King; docketed by Wagner as received 14 Sept. Enclosure 2 pp.

   King to JM, 1 June 1801.

   The enclosed letter, dated 10 July, told of the king’s orders that naval and civil officers at Gibraltar, Minorca, and Malta aid the American fleet with supplies from British magazines. King asked to be informed of any events that might be misinterpreted from afar and requested Dale’s aid in conveying to the bey of Tunis American gifts that had been sent to Malta for forwarding.


Title: To James Madison from Louis-André Pichon, 10 July 1801
From: Pichon, Louis-André
To: Madison, James

Georgetown 21st. Messidor 9th. year 10 july 1801
Cn. Pichon returns the Secretary of State, with his best compliments, the inclosed papers which were communicated for Citizen Pichon’s examination.
It is Cn. Pichon’s opinion that the cases of American captures by french West-india cruisers described in those papers, all, except the case No. 1. of the Brig Betzy of Norwich captured January 1797 and adjuged on the 14th come within the provisions of the 4th. article of the Treaty, and will accordingly, upon application made by the claimants, be duly Compensated. Cn. Pichon is Sorry to find that in the case last transmitted of the Brig Polly, condemned at Guadeloupe Xber last, the present Governor La Crosse, on application, has given it out as his opinion, which is, probably, to extend to similar cases that the settlement of those claims is to take place at Paris, and to be referred to the Council of Prises. Upon the first notice of the decision, Cn. Pichon wrote to General Lacrosse in the terms of the inclosed extract. However he thinks it adviseable that all claimants under the late Treaty for captures carried in the West indias apply to the administration of those places, and there procure with the decrees of adjudication a written answer on their claim, in order that, in France, no argument may be objected to them from the possibility of their having Succesfully applied to the Colonial Administrations who, unless Cn. Pichon is very much mistaken, are fully authorised to execute their part of that Stipulation of the Treaty: but who, also, from their embarassed circumstances may not have competent means to do it immediately.

[Enclosure]
Georgetown 21st. Messidor 9th year (10th. july 1801)
The following are the points unanswered in Cen. Pichon’s notes to the Secretary of State.
1st. The meaning of the american Government on the clauses of the last treaty which relate to the admission of privateers & prises, and Some explanations on the doubts circulated on the execution of that clause with regard to france.
2d. What course the President of the united States Will follow with regard to the restitution of property under the 4d. article of the treaty, it being Known that france has actualy restored many vessels; whether the Government will be able to procure restitution, or whether it must be Subject to legislative cooperation.
3d. Cen. Pichon, as he intimated it, is authorised to take possession of all the property which is to be restored to individuals who are not present or have no attorneys. The present State of war and the constant habit of the Consular administration of france which has made Consuls guardians of property Belonging to absents has Suggested the Measure: and other obvious reasons make it expedient for the administration & individuals both.
4th. In all prises made by american public vessels one half of the capture accruing to the united States Cen. Pichon wishes to Know wether, even that half of the property, is only to be restored by legislative concurrence or whether the executive can give it up: it would be peculiarly gratifying in the case of the Vengeance, where individuals are yet present and are Soon embarking for france at which place, from their Military Situation, it will prove extremely difficult for them to obtain their quota of the restored property.
5th. A list of the captures which are to be restored by the united States according to treaty has been promised and will be acceptable, as Cen. Pichon apprehends doubtfull cases may be omitted which it will be his duty to Submit to the Government and which from their peculiarity may appear fit Subjects of indemnification.
6th. No answer has been yet made on the case of the Insurgente; Enquiries must have been made at the navy Department to ascertain Some facts which may elucidate the discussion of that case.
Cen. Pichon is sensible that the first point is of a nature to be delayed in consideration, untill the exchange of ratifications and States it less for an answer than for the Sake of recollection. On the other points Cen. Pichon thinks no Similar reasons exists for delay as they have been partly answered.
Cen. Pichon takes the liberty of Stating for the Secretary of State’s consideration the above points and begs him to accept the assurances of his highest respect & consideration.
P. S. Mr Pichon begs Mr. Madison will forward the inclosed letter for General Davie, the adress of whom, Mr P. does not know. The other letter, Mr. Pichon also begs Mr. Madison to forward. It is but lately Mr P. could find it out in a bundle of paper relative to the business, Mr P. believes mentioned in the letter, which, Mr P. has just been able to look into.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1); Tr of first enclosure (AAE: Political Correspondence, U.S., 53:257–58). RC in a clerk’s hand, dated by Pichon. First enclosure in a clerk’s hand, except for Pichon’s postscript; docketed by Wagner as received 11 July, with the notation: “Points of his communications remaing. unanswered.” Jefferson’s comments were written in pencil in the margins, as noted below. For second enclosure (not printed), see n. 1.

   Pichon’s three-page extract, in French and dated 6 July, observed that Lacrosse’s decision in the Polly case disappointed the chargé, since instructions from Paris seemed to leave each colonial administration free to make restitution as prescribed in the convention. American prizes captured and sold after signing of the treaty, Pichon noted, clearly fell under that agreement; remanding such cases to the Council of Prizes in Paris only postponed their just settlement. Pichon advised the general to reread his instructions (see Minister of the Marine and of the Colonies to Agents of the French Government, 12 Oct. 1800, ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:432).

   In the margin opposite this paragraph Jefferson wrote: “⟨W⟩e have too much occupation with actual cases to have time to consider ⟨w⟩hat we would do in those which may possibly happen and which possibly also may not happen.”

   Jefferson’s marginal comment: “⟨W⟩e have restored the Berceau without legislative interference: when another ⟨ca⟩se of restoration is proposed, ⟨th⟩e circumstances of the case ⟨w⟩ill enable us to say what i⟨s⟩ to be done. But should we not have official information ⟨of⟩ the French restitutions?”

   Jefferson’s marginal comment: “There being no Consular ⟨c⟩onvention, the Consuls of France have no powers ⟨b⟩ut as far as voluntary ⟨s⟩ubmission yields it. ⟨T⟩hey can do nothing coercive.”

   The schooner Vengeance, captured by the U.S. ship Trumbull 3 Aug. 1800, had been a vessel of war commanded by Saint-Domingue mulatto leader André Rigaud, who from the fall of 1798 until July 1800 sided with France against Toussaint. As late as January 1801, crew members of the Vengeance were being detained in a Connecticut jail, where they claimed to have been robbed of their personal effects (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)., 6:273, 7:373, 183, 76, 79; Ott, Haitian Revolution, pp. 106, 116). A libel was filed on the Vengeance 17 Sept. 1800, and it was condemned 9 Oct. If considered a merchant vessel (as the French claimed), it was recoverable under article 4 (Simeon Baldwin to Benjamin Stoddert, 3 Apr. 1801, 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)., 7:183).

   Jefferson’s marginal comment: “⟨T⟩he opinion seems to be ⟨t⟩hat the Executive can restore the public moiety provided it has not got into the treasury.”

   The French warship L’Insurgente, captured and recommissioned in 1799 as the U.S. frigate Insurgente, was lost at sea in the late summer or early fall of 1800. In Pichon’s note of 19 Mar. 1801 he expressed a wish that the U.S. would undertake “to replace this frigate, or to pay the value of it to the republic” (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)., 7:311, 368; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:431).

   Jefferson’s marginal comment: “A contract to do what is impossible, is null. The Insurgente did not exist when we contracted to redeliver her.”


Title: To James Madison from Sylvanus Bourne, 10 July 1801 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

10 July 1801, Amsterdam. Has unofficial letters from Paris stating that exchange of ratifications had not taken place but was expected shortly. Reports affairs of Egypt uncertain. Portugal has come to terms with Spain, but final action depends on Napoleon’s assent; problems also exist in relations between pope and Napoleon. Although British settlement with North Sea powers is in progress, Prussia has not agreed to evacuate Hanover. Ganteaume’s squadron reported to be in Sicily. Reports great preparations in all French ports for important expedition, but considers it political maneuver to affect existing negotiations between France and Great Britain. Postscript tells of enclosure—the latest newspaper with an estimate of British revenue and expenditures.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.; postmarked Philadelphia, 21 Sept.; docketed by Wagner as received 24 Sept.

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


Title: To James Madison from John Elmslie, Jr., 10 July 1801 (Abstract)
From: Elmslie, John
To: Madison, James

10 July 1801, Cape Town, Good Hope. Letter of 4 Aug. 1800 with his instructions did not arrive until 22 Apr. Has signed bond and forwarded it to Philadelphia. Encloses list of vessels [not found] arrived from March 1800 until June 1801. One vessel, the Alnomac of Massachusetts, “came in here—Trading contrary to the Laws of the U. States.” Several captains did not contact him, although repeatedly requested to do so. When Williams sent Elmslie’s duplicate commission, he stated that probably no exequatur would be granted. Then-governor Sir George Yonge acknowledged him as U.S. consul on receipt of the 18 Dec. 1799 letter from Pickering. Yonge offered to summon special court over mutiny involving an American brig. Fortunately, the matter was settled without recourse to court. Reports that a secret expedition departed from cape, said to be bound for Manila. Several Americans are being held on British vessels. Has applied for their discharge, but to no effect. Admiral will not discharge them without certificates of citizenship from America or orders from British government. Encloses a list of those seeking discharge. In postscript mentions letter to be forwarded to president [probably Elmslie to Jefferson, 12 July 1801 (DLC: Jefferson Papers)].

   RC and enclosure (DNA: RG 59, CD, Cape Town, vol. 1). RC 5 pp.; addressed to Marshall. Enclosure (1 p.) lists eight seamen.

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


Title: To James Madison from James Simpson, 10 July 1801 (Abstract)
From: Simpson, James
To: Madison, James

10 July 1801, Tangier. No. 34. Acknowledges receipt of JM’s 21 May dispatch transmitted by Gavino. Three American frigates arrived at Gibraltar on 1 July; the Enterprize had anchored there on 26 June. Gavino informs him that the squadron proceeded into the Mediterranean on 4 July, a circumstance likely to produce the best consequences in negotiations with Barbary powers. Has received positive response from governor of Tetuán concerning use of bay as watering station for U.S. vessels. Gavino in 4 July letter reports Tripolitan twenty-six-gun frigate and sixteen-gun brig in Bay of Gibraltar. Their commanders deny authorization to capture U.S. vessels, but Simpson does not believe this. Swedish consul here has been advised unofficially that Sweden did not ratify treaty with Tripolitans. Reports general health in Tangier is good, no plague.

   RC (DNA: RG 59, CD, Tangier, vol. 1). 3 pp.; docketed by Wagner as received 22 Sept. 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)., 1:508–9.

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


Title: To James Madison from Ebenezer Stevens, 10 July 1801 (Abstract)
From: Stevens, Ebenezer
To: Madison, James

10 July 1801, New York. Reminds JM that the Peace and Plenty is loaded and prepared to sail for Tunis. Awaits return of papers sent to State Department 24 June. “This Shipment nearly completes the Stores demanded by the Tunisian powers.”

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


Title: From James Madison to Robert R. Livingston, 11 July 1801
From: Madison, James
To: Livingston, Robert R.

Dear Sir
Washington July 11. 1801
I have recd. your favor of the 1st. instant. Your observations on Neutral rights & the means of promoting them are certainly very interesting, & will merit consideration. It is questionable however whether any leading arrangements by the U. States during the war, even in an eventual form adapted to a state of peace, would be free from the danger of entangling us too much in the present contests & vicisitudes of Europe; or at least of exciting too much the apprehensions of this consequence, among our own Citizens. The attempt to rectify the abuses of the maritime code, having a second time failed, in an appeal to an armed coalition, it is the more probable that the true remedy, by a well timed example recommending itself to peaceable imitations, will find its way into the reflections which will succeed the war. I mean however to give your ideas a further consideration.
Your request on the subject of papers shall be attended to when your despatches may be made up. It is not known at present that a second visit to this place will be requisite before your departure. This will not be the case, unless the information from France should call for personal communications with you, of which you will of course be apprized. We have heard nothing more of Mr. Dawson, than what you have seen in the Newspapers, viz, that the vessel in which he went arrived at Havre on the 8th. of May. Computing from this date, we may every day look for the Treaty, if no difficulties should attend its ratification.
I understand from Mr. Hammond, one of our St. Domingo Consuls just arrived, that Toussaint will certainly proclaim in form the Independence of that Island, within a very few weeks. The Government will be a pure Despotism, vested in Toussaint for life with power to name his successor. This event will present some very important aspects to the U. States, as well as to other nations. It seems that Toussaint augurs a very unfavorable impression from it, on the Counsels of this Country, and is apprehensive of measures dictated by that, and by the regulations foreseen, from the French Republic. But it is not to be doubted that his patrons have guaranteed the supply of the Island’s wants, against every possible contingency.
I have taken occasion to sound Mr. Pichon on the subject of Louisiana. He says that he knows nothing of an actual arrangement between France & Spain for ceding it to the former: but considers it as not improbable. He avows himself an advocate for such an acquisition to France, as highly important to her interest, & perfectly consistent with the most friendly relations with the U. S. The conversation with him confirms my belief both as to the reality of the Cession, and the conciliating policy that will be engrafted on it. What new turn time may give to it, time alone can explain.
There is already a consul at Nantz on whose merits no decision has been formed, and one or two respectable competitors with Mr. Patterson. On the part of your letter therefore relating to him, no decisive answer can at this time be given. With most perfect respect I am Dr. Sir, your sincere friend & servt
James Madison

   RC (NNMus). Docketed by Livingston.

   Pichon met with JM on 11 July to discuss several outstanding issues. In a report to Talleyrand on the conversation, Pichon stated that as he prepared to leave: “Mr. Madison questioned me very unexpectedly about another matter of importance—on the rumor of the retrocession of Louisiana that is gaining ground daily. Mr. Madison tells me that this retrocession was particularly predicted in London in terms that would not allow it to be doubted…. It had been understood that the previous government in France considered the possession of a territory bordering on the U.S. to be the same as breaking the peace between the two and that this policy had led France, in the 1778 Treaty of Alliance, to renounce even the hope of its possessing any colony in North America. Although this treaty no longer existed, the situation undoubtedly was the same…. Its [Louisiana’s] possession by France would cause daily collisions that would jeopardize peace….

   “I told Mr. Madison that I knew absolutely nothing substantial about the rumor that was spread abroad by several routes (you will notice, citizen minister, that letters from France brought by the Franklin announce the governor of Louisiana is already named). Still he was in error in thinking that since the revolution, or even before, the regaining of Louisiana had not been seriously considered. On the contrary, it was recalled that the treaty of 1778 was conceived in a manner to exclude this colony from renunciation. I assured him that since the revolution it had been thought of several times as an acquisition that offered some means of reestablishment to trade and to emigrations, deportations even, a proper outlet to have its troubles turned to the advantage of France. While supposing the rumor was authentic, the U.S. should take no umbrage from it; would they dream of crossing the Mississippi? Mr. Madison had no trouble regarding this idea as a phantom. As to the navigation of the river, will it be so difficult to adjust, since it is heavily traveled, and in Europe common waterways are much more heavily used? Mr. Madison said, it is very different here; there is no means to avoid quarrels. I replied, the U.S. is too just to accuse France of committing a crime by seeking to regain its losses and to use both its arms and the advantages of its negotiations. Undoubtedly our principles are more liberal and more enlightened than those of Spain. What would the U.S. have to say if the Republic accorded them all they can reasonably desire on trade and safety, if it entered into an agreement with them on all points that could produce trouble, and if all these were regulated to prevent the slightest altercations? Things thus arranged, you will agree, I said to Mr. Madison, that it would be absolutely necessary to seek out such offenses to be discontented. Mr. Madison ended by repeating to me his refrain that it appeared that even if this occurred there would still be collisions between the two states.

   “As you see, this conversation became too categorical. The circumstances were too pressing for me to remain passive.… You may believe that this event will embarrass the current administration more than any other and that it will become the seed of a new misunderstanding, if firstly the choice of men is not made with the most scrupulous attention and then if from the beginning we do not comply on every point that concerns both the safety of the U.S. and its trade” (Pichon to Talleyrand, 20 July 1801 [AAE: Political Correspondence, U.S., 53:171–74], editors’ translation).

   The Senate had confirmed John Jones Waldo as U.S. commercial agent at Nantes in February 1801, but Jefferson replaced him with Thomas T. Gantt. JM forwarded Gantt’s instructions 23 July 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:381, 385, 402; DNA: RG 59, IC, vol. 1).


Title: To James Madison from Samuel Cabot, 11 July 1801 (Abstract)
From: Cabot, Samuel
To: Madison, James

11 July 1801, Milton, Massachusetts. Relates circumstances of his appointment under Jay treaty provisions for liquidating claims. After serving in London nearly four years he returned to America when the board’s operations were suspended. Since he provided a substitute, no inconvenience to U.S. was expected, but after two years of suspended operations he is concerned about his salary and status. Should he continue in “a state of readiness to embark for England,” or should he assume “no farther services will be required from me”? Purpose of his application is to enable him to decide how to handle his private affairs.

   RC (DNA: RG 76, British Spoliations, 1794–1824, box 10). 2 pp.; docketed by a clerk as received 16 July.


Title: From James Madison to Edward Thornton, 12 July 1801
From: Madison, James
To: Thornton, Edward

Sir,
Department of State 12th July 1801.
I have been duly honoured with your letter of the 6th instant. Mine of the 12th of June made you acquainted that orders had issued for the immediate departure of the British prize brought into the port of Philadelphia by a Spanish armed Ship; and that the circumstances of the latter would be enquired into particularly as a guide to any farther steps that might be requisite. Information has been received from the officer charged with the orders, that the departure of the prize had taken place. With respect to the Spanish Ship, it appears that she was both commissioned with letters of marque and reprisal, and bore a cargo with the other usual proofs of being engaged in commerce. Being thus in the double character of a vessel armed both for commerce and war, she is evidently distinguished from a privateer which is armed and commissioned for war only; and does not consequently fall under the twenty fifth Article of the Treaty between His Britannic Majesty and the United States, which is limited to cases of Ships of war and Privateers. On recurring to the General law of nations, it is considered and decided by the President, conformably to rules heretofore settled for analogous cases by the Executive of the United States, that in causing the prize to depart and forbidding unlawful equipments of the capturing Ship, as has been done, the proper consequences of the irregularity committed by the latter in its war-character, have been enforced and that it cannot of right be required that the ship should be also deprived of the customary asylum and use of our ports, in its commercial character.
During the proposed retirement of the President into the country, the arrangements already formed for the mail will give so much dispatch and certainty to the communication with him at his seat, that the change of his situation will have little or no sensible effect on the interposition which may be required by occurrences of any sort in our ports.
In the mean time it will be considered how far a repetition of former instructions, or an addition of any others, to our port-officers, may be necessary to an exact observance of our stipulations concerning ships of war and privateers entering with their prizes; it being the invariable object of the President to fulfil in the most unexceptionable manner and in all cases the treaties and other laws by which the United States are bound, as well from the motive of obligation, as that nothing may happen on their part, to detract from their full claim and expectation of a reciprocal good faith and justice from others.
The politeness with which you have been pleased to consult the tranquillity of my retirement, forms a new title to those sentiments of sincere respect and consideration with which I have the honor to remain &c
(signed)   James Madison.

   Tr (PRO: Foreign Office, ser. 5, 32:144–45). Marked “Copy”; in Thornton’s hand.

   See The Struggle to Maintain Neutrality, 8 June 1801.


Title: To James Madison from James Ogilvie, 12 July 1801
From: Ogilvie, James
To: Madison, James

Sir,
July 12th. 1801
I write on the spur of occasion & have only time to request, that you will have the goodness to send me by Captn. Winston a List of such political Essays & publications as shed the clearest light on the sources of public opinion relative to the adoption & construction of the Federal Government & the leading measures of the late Administration. Should any apology be necessary for the Liberty I take, I have none to offer, but my sincere belief that you take pleasure in promoting the diffusion of useful knowlege. Permit me to express the unfeigned & cordial satisfaction which in common with so many of your fellow Citizens I experience, in learning that your health is likely to be perfectly restored & the profound veneration & respect which I feel in subscribing myself, Yours with sincerity & Zeal
J. Ogilvie

   RC (ViU).

   James Ogilvie, a Scotsman, was in 1801 teaching at the Stevensburg, Virginia, academy. He wrote the pamphlet Cursory Reflexions on Government, Philosophy, and Education (Alexandria, Va., 1802). Ogilvie eventually returned to Scotland, where he committed suicide.


Title: To James Madison from Wade Hampton, 12 July 1801 (Abstract)
From: Hampton, Wade
To: Madison, James

12 July 1801, Columbia, South Carolina. Mentions James Miller, of the Charleston firm of Miller and Robertson, as possible candidate for consulship at Bordeaux.

   RC (DLC). 2 pp.


Title: To James Madison from Rufus King, 12 July 1801 (Abstract)
From: King, Rufus
To: Madison, James

12 July 1801, London. No. 25. Relays details of peace negotiations between Britain and members of northern league. Lord Hawkesbury seeks a restoration of good will and amity, but Denmark declines to discuss principles of armed neutrality, while Prussia refuses to evacuate Hanover. Sweden remains hostile, and the British continue to “depend upon the success of the mission of Lord St. Helens” and believe that the Russian position is favorable to Great Britain. Discusses difficulties with Treaty of Lunéville. Duke of Modena does not agree to it. Duke of Parma “appears unwilling prematurely to relinquish his Dutchy in favor of his son created King of Etruria. Prussia with other German Powers objects to the Grand Duke’s receiving his indemnity out of the Empire … and notwithstanding all we read and hear of the progress of the negotiation between England and France, there are such contradictory appearances and so many circumstances on all sides, inconsistent with a well founded expectation of immediate peace, that the Probability of it’s speedy establishment seems rather to lessen than encrease.”

   RC (DNA: RG 59, DD, Great Britain, vol. 9). 3 pp.; marked duplicate; in a clerk’s hand; docketed by Wagner as received in September. Printed in King, Life and Correspondence of Rufus King, 3:486–87.


Title: To James Madison from John Minor, 12 July 1801 (Abstract)
From: Minor, John
To: Madison, James

12 July 1801, Fredericksburg. Encloses letter for John Dawson, to be forwarded. Has received word from Colonel Newton that he is sending JM a box of cigars “of very superior quality,” brought from Havana by a Captain Dutton.

   RC (NN). 1 p.


Title: To James Madison from Samuel Smith, 12 July 1801 (Abstract)
From: Smith, Samuel
To: Madison, James

12 July 1801, Baltimore. Presents Mr. O’Mealy, whom Smith has mentioned as possible commercial agent at Le Havre and whom JM believed a likely appointment at Hamburg [see M. O’Mealy to JM, 29 May 1801 (DNA: RG 59, LAR, 1801–9)].

   RC (DLC). 1 p.


Title: To James Madison from Israel Whelen, 13 July 1801
From: Whelen, Israel
To: Madison, James

Sir
Philadelphia July 13th. 1801
The George Washington drew off into the stream on saturday. Captain shaw has got about twenty of his Crew on board and expects to have the remainder today. The Powder and a few other Articles which he prefered receiving after he left the Wharff, are yet to go on board, but will be sent to him the Moment he is ready to receive them, he was unable to take all the timber that was ready, and since he was prepared to receive the Cargo, there has been no delay from its not being ready on the Wharff. The Vessel with the Duc⟨k⟩ from Boston arrived at the Lazaretto on saturday, but having We⟨st⟩ India produce on Board, was detained for want of Certifica⟨tes⟩ of its having arrived a Certain length of time, the President of the Board of health says she will be permitted to come up today.
The Vessel with the Cordage from George Town has not yet made her appearance, if she arrives in the Course of this day I shall have the Invoice completed tomorrow, and the Ship will fall down to New-Castle and wait for her orders.
Genl. Stevens drew on me on the 9th. Instt. for $9875 25/100 on accot of the Freight of the Peace & Plenty—the draft was presented on the 10th. Be pleased to furnish me with funds to pay it. I am very respectfully sir your Obedt. servt.
Israel Whelen

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC docketed by Wagner as received 18 July.


Title: From James Madison to Louis-André Pichon, 13 July 1801 (Abstract)
From: Madison, James
To: Pichon, Louis-André

13 July 1801, Department of State. Encloses list of French ships taken by U.S. naval vessels and not condemned by 1 Oct. 1800 as well as those taken since that time. This list comes from the Navy Department, and Pichon can probably add to it. Given the lack of reliable sources, the list is not as correct as desired. Accordingly, JM reserves the right to correct it if, as a result of subsequent information, he finds reason to do so. Pichon can expect to receive in a few days answers to other points in his memorandum.

   Tr and Tr of enclosure (AAE: Political Correspondence, U.S., 53:260, 261). Tr 1 p. Tr of enclosure 1 p. Both in French. A copy of the enclosure in English, with later additions, is filed with Pichon to JM, 25 July 1801 (DNA: RG 59, NFL, France, vol. 1).


Title: From James Madison to David Meade Randolph, 13 July 1801 (Abstract)
From: Madison, James
To: Randolph, David Meade

13 July 1801, Department of State. Directs Randolph to deposit western Virginia census returns and related documents with Edward Carrington at Richmond. The suggestion in Randolph’s 6 July letter concerning payment for exertions he made “in execution of the Act for taking the Census” deals with a subject handled only by the Treasury Department. Expresses belief that Treasury Department will accommodate Randolph “as far as the nature of the case and the rules of that Department will admit.”

   RC (DNA: RG 233, Petitions and Memorials, 7th Cong.). 1 p.; in Wagner’s hand, signed and franked by JM; docketed by Randolph.


Title: To James Madison from Frederick Jacob Wichelhausen, 13 July 1801 (Abstract)
From: Wichelhausen, Frederick Jacob
To: Madison, James

13 July 1801, Bremen. Congratulates JM on his appointment; praises Jefferson. Encloses list of U.S. vessels arrived in and departed from port in last six months. Prussian troops have withdrawn from the city. Has received acts of first session of Sixth Congress through Pitcairn.

   RC (DNA: RG 59, CD, Bremen, vol. 1). 2 pp.; docketed by Wagner as received 7 Oct. Enclosure not found.

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


Title: To James Madison from Rufus King, 14 July 1801
From: King, Rufus
To: Madison, James

No. 26.
Dear Sir,
London July 14. 1801
On the Evening of the Eleventh a Cutter arrived from Petersburgh, with a Copy of the Convention concluded on the 17th. ulto. between Lord St. Helens and Count Panin, by which the misunderstanding between England and Russia is amicably adjusted. The northern Confederacy, as you will recollect, aimed at the establishment of two Principles of Maritime Law: one that free Ships make free Goods; the other that Convoys exempt Neutral Ships from Search. The first is entirely given up by its being agreed that Enemy Goods and contraband of war, on board of Neutral Ships, shall be liable to capture: the second is likewise abandoned so far as regards the visit and search of neutral Ships under Convoy by the public or national Ships of the Belligerent; but established against all private armed Ships. Several regulations are provided in the Convention concerning the manner of visiting, searching and detaining for adjudication neutral Ships under Convoy, and the Parties engage to negotiate farther, for the purpose of establishing more precise rules upon this particular Subject. The articles of Contraband are well defined; and the Stipulations respecting the Right of Neutrals to trade to the Ports of Belligerents are liberal if their plain meaning be suffered to prevail. Two separate articles were executed at the same time with the Convention: by the first it is agreed that the Treaty of Commerce between the two Countries shall be reinstated in all its parts; by the second that Denmark and Sweden be invited to accede to the Convention, that the Armistice be prolonged three months from the date of the Convention, and that Great Britain will restore whatever she had taken from Denmark and Sweden; orders for which purpose to be dispatched immediately after these Powers shall have acceded to the Convention. A declaration on the part of the Emperor was likewise delivered to Lord st. Helens, by which the Emperor confirms the Revocation of the Embargo and Sequestration of British Ships and property, and moreover engages to make just and full Compensation for all Losses which may have been sustained in consequence thereof.
Duroc, aid de Camp of the Chief Consul, and Envoy to Petersburgh, and who arrived there a day or two before Lord St. Helens, tendered the formal accession of France to the northern Confederation, which had not before been offered, and which was now declined, with an intimation that Russia herself was about to withdraw from it. Count Panin proposed to invite Prussia as well as Denmark and Sweden to accede to the Convention, but this was peremptorily refused by Lord St Helens.
Lord Hawkesbury having obligingly shewn me the Convention, you may depend upon the authenticity of the foregoing Abstract of it. The issue of the negotiation is satisfactory to England, and the return of the Baltic Fleet, which takes place immediately, will be a circumstance of importance at the present moment, when notwithstanding all that is said of the negotiation between France and England, great and extensive Preparations are making to invade the British Islands.
Lord St. Helens is rewarded with a British Peerage: he was before an Irish Peer. With perfect Respect and Esteem, I have the honour to be, Dear sir, Your ob: & faithful st.
(Signed).   Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 9). Marked duplicate; in a clerk’s hand; docketed by Wagner as received in September.

   Denmark agreed to the convention 23 Oct. and Sweden on 30 Mar. 1802 (W. Alison Phillips and Arthur H. Reede, Neutrality: Its History, Economics, and Law [4 vols.; New York, 1936], 2:108).


Title: To James Madison from Albert Gallatin, 14 July 1801 (Abstract)
From: Gallatin, Albert
To: Madison, James

14 July 1801, Treasury Department. Encloses letter from comptroller on the subject of JM’s letters of 24 June and 2 July. Does not object to the comptroller’s proposal. Requests that JM designate on each requisition the persons to whom payable, the amount to be paid, and the object to which the sum applies.

   RC and enclosure (DNA: RG 59, ML). RC 2 pp. In the enclosed 13 July 1801 letter, John Steele proposed to Gallatin that when public funds were advanced to U.S. agents abroad, the object of the remittances be specified. Steele added that “Doubtful points” in accounts would be submitted to the secretary of state for an opinion and the same principles would apply to domestic accounts for public printing, remittances to the Barbary States, and the “expences of other treaties.” Reproduced in Papers of Gallatin (microfilm ed.), reel 5.


Title: From James Madison to John Shaw, 15 July 1801
From: Madison, James
To: Shaw, John

Sir,
Departmt. of State 15th. July 1801.
Your ship being loaded with a Cargo, the property of the United States and intended for Algiers, you are to proceed to Sandy hook, and take under your convoy, the Ship Peace & Plenty bound to Tunis, with a Cargo of Military & Maratime Stores also the proporty [sic] of the United States, and such Mercht. Vessels as may be ready to join you. You will then make the best of your way with the Convoy to Gibralter, where you will touch for advice whether our peace with Barbary remains unbroken, and for this purpose you will address yourself to John Gavino Esqr. our Consul there. If you find we are at peace with all the Barbary Powers you will proceed in company with the Peace & Plenty towards Algiers, & leave her off that Port to Continue her voyage to Tunis. If we shall be at War with Tunis, both Vessels are to Deliver their Cargoes at Algiers. If we are at War with Algiers & at Peace with Tunis you are to Convoy the Peace & Plenty to that Port, and then proceed to the most convenient Neapolitan, Tuscan, Austrian or other neutral Port, & Sell your Cargo to the best advantage on account of the United States. As most of it is by some of the Belligerent powers considered contraband, you are Strictly enjoined not to Sell it in any other than a Neutral Port, and if you find Naples Tuscany or Austria in a State of War you will avoid the Ports of all or any of them who may be engaged in it. If Tunis as well as Algiers shall have broken their Peace with us, you are to take the Peace & Plenty with you & sell her Cargo in a neutral Port in like manner. If Tripoli should alone be hostile to us, the Peace & Plenty must be escorted to the Port of her destination either by your own Ship or some other adequate convoy. It is known to you that Commodore Dale is cruzing in the Mediteranean with three frigates and a sloop of War. From him, should you fall in with him, you may obtain the necessary advice as to the state of our affairs, & Convoy in case of need. In case you go to Algiers your Cargo is to be delivered to Richard OBrien Esqr. our Consul General or in his abcence, the person who may be there charged with the affairs of the United States.
John Mattheiu is our Consul at Naples, Thomas Appleton at Leghorn and John Lanson at Trieste. Wishing you a Safe & fortunate Voyage I am Your most Obdt. Servant
(Signed)   James Madison

   Tr (DNA: RG 45, A–11 file). Headed: “Instructions to Capt. John Shaw Commander of the United States Frigate George Washington.” Marked: “A true Copy.”

   For a similar letter to Capt. Richard Wood of the Peace and Plenty, see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:513–14.