Title: To James Madison from James Monroe, 25 November 1803
From: Monroe, James
To: Madison, James

Dear Sir
London Novr. 25. 1803.
Since my publick letter of the 16. I have recd. yr. private one of July 30th. with the originals of those of the 29th. They were sent from Paris by Mr. Livingston who expressed his satisfaction to find that our conduct had been approved in the great outline and surprise at the intimation it conveyed of a wish that the money intended for France had been so applied. He had not then (28. octr.) recd. mine of wh. copies were sent you by Mr. Mercer. Mr. Vanderlyn to whom they were entrusted was detained a fortnight by head winds; he must however have delivered them a fortnight since, so that I may expect soon to hear whether Mr. L: has joined me in the guaranty, as I presume is the case. I have lately recd. a letter from Mr. Marbois, of which I shall enclose you a copy, on that subject. Mr. L., as you have seen, has given offence, to both those govts. His memorial has had that effect here, & his refusal to unite in the guaranty, cannot have been well recd. by the other. Nor can he have reason to applaud his forsight for his conduct in the latter case, unless the measure shod. be known, and disapproved by this govt., which is not likely to happen in any possible event. It cannot happen, unless by uniting with the enemies of the present admn. in america, measures shod. be taken to prompt it to express such dissatisfaction: tho’ I do not think that even such an attempt would succeed. The measure stands on too strong ground to be assailed in any mode; this govt. has expressed itself in terms too explicit in favor of the cession as it respects G. Britain, to be able to complain of any measure within the limits & principles of the treaty which we might deem necessary to secure its execution; the circumstances of this country at present make it in a high degree the interest of its government to preserve a good understanding with us: I think a rupture with us would overset any administrn. In addition to these considerations I have reason to think that this govt. begins to see the folly of connecting itself with any party in America. It must perceive that it can preserve the most favorable relations with the existing govt. of our country, that a just regard for its rights & interests will permit; peace, friendly intercourse, equality with other powers &c. More it ought not to expect and certainly cannot obtain, of any description of men in power in america, whatever its disposition might be. I think, these truths are gaining strength daily here, & that with them & the effect they are likely to produce, the folly & unworthyness of our former measures will be better-understood by our people. We dined the day before yesterday with Lord Hawkesbury, in company with Ld. Castleray also of the ministry & others. The cession of Louisiana was introduc’d by those two, on which occasion I told them the substance of the treaty with France. They asked me whether there was any general restriction of Brith. commerce in favor of France(?) I told them there was not: that G. B. & France stood as they did before on equal ground in every other american port: that the treaty touch’d only the ports of the ceded territory & exempted France there only from foreign duties for 12. years: that G. B. wod. be admitted in these as in the ports of the Delaware &c. They admitted that it was just & furnished Engld. no cause of complaint. I told them that I thought we had served the interest of Engld. by opening sd. ports to her, to which they seemed to assent: Ld. Castleray observed that we had had an alternative mode of obtaining the territory; I replied that we knew that, but that we had obtained it on infinitely better terms & more to our satisfaction; that we had even rather pay the value for the territory than obtain it by force at less expence⟨,⟩ since a property gained in the latter mode was never so secure. It was manifest that these truths were clearly understood by them. Ld. Castleray askd what had induc’d the French govt., to make so great and important a cession? I replied from views of policy, that they must have seen that the possession of it would involve them in quarrels with us which they thereby wisely anticipated & prevented. In every conversation which I have had with those in power here, it appears that they consider this event as the most glorious attainment for our country, the effect of a masterly policy in its government. Those with whom I am not acquainted, who are most eminent, & especially Mr. Pitt is reported to have spoken of it in the same light. It has unquestionably added greatly to our national character & political importance in Europe. In the above mentioned conversation Ld. Hawkesbury told me that there was only one thing, they had to complain of, which was the passage in the memorial referr’d to, on wh. subject Mr. M wod. speak to you. I replied that that was written a year ago, &c. With respect to this old friend I have only to observe that I have had but one opinion & wish since my association with him, wh. has been to put it out of his power & those abt. him to give an improper character to a particular transaction, to the injury of others & true principles, and that being done that he shod. be treated with the utmost kindness possible; that attempts if they were clearly seen shod. pass unnotic’d, that is that they shod. not be resented, not simply by leaving him where he is, (a strong motive in me to come here) but that considering them as weaknesses a kind of generous indulgence shod. be shewn them. It is only in case that he takes a new attitude, and becomes either personally or in the hands of others, an enemy to the cause, that those things shod. be developed & plac’d in their true light to his disadvantage. By this I do not mean that facts shod. be withheld, so as to leave the misrepresentations of Swan &ca in force. The true cause of the effect ought to be known, and for that purpose a distinct & correct statment of facts given, either in conversation or otherwise, wh. may be done without reference to him, & I presume is done. I wish him to return home sensible of his errors, repentant of them, & grateful to the govt. for its kindness towards him. He talks of returning in the spring, & his object is said to be the V. Presidency; it would be better that he would remain till the Spring following, but if he is pressed so to do, he will infer much in his favor of his importance. I give you these hints that you may judge, on a view of every material circumstance, how to act in the topick to which they refer.
You will see by the gazettes that there is much discussion in them abt. the renewal of our treaty of 1794. & the general opinion seems to be that the subject is in negotiation, the untruth of wh. you well know. The paragraph in the herald is believed to be by authority of the govt. I own I am strongly impressed with the sentiment that we had better make no treaty at present. We can get every thing without one that we could with one; and while nothing is done we give no cause of complaint to other powers & remain unfettered spectators of events, profiting in the mean time of our more happy & imposing situation, & able every succeeding year to make better terms than in the preceeding one. This is however for you to consider. If such shod. be the sense of our govt., it is submitted whether it ought to be known. While it is unknown there is no compromittment. A friendly deportment is all that any power has a right to expect. There is always an expectation attendant on the movment of a great power wh. is encreased by reserve. My more particular motive however in suggesting the idea is a desire that no species of agreement shod. take place, which might tend to compromit us with either party. There appear to me to be several weighty objections to entering into any treaty at present; 1st. we are not likely to obtain one that we ought to accept, without taking an hostile attitude wh. wod. do us more harm than any treaty wod. do us good. 2d. The W. Indias are in a course of revolution, and I shod. not be surprized to see all the European powers driven from them by the blacks in a few years. 3. In the case of neutral rights we are & promise to be too well treated in the present war, to justify any particular pressure from us on that acct. Europe is also in an unsettled state: that question may be kept in view & attended to at proper times & in a suitable manner; not to sacrifice it, is doing much more than our predecessors did. Britain does not expect such a sacrifice of our present admn., but will I think act in such a manner towards us as to keep the question ought [sic] of sight. And under such circumstances France will have no cause to complain. The President will however weigh all things appertaining to the question & do what seems best. You will especially instruct me whether I am to ask for the discharge of French prisoners taken in our vessels on the principles of the treaty; to enquire whether its principles will be regarded in our commerce with the W. & East Indias &ca. I shall present in a few days a note to the govt. respecting impressments founded on a report from Mr. Erving, who is a most diligent & capable officer, and accomodates the form of the report to my own views, in which we perfectly agree.
With respect to my trip to Madrid I have but little to add to what I have already said on the subject. I think it presumeable that in a few months, our affrs. will stand on such solid ground here, that my absence would not be injurious to them for the term requisite. The govt. will decide how far it will be prudent to make the experiment with that power, admiting that it may be done under the promise of support by France renewed, & a similar good wish promised by this govt., supposing it proper to intimate a willingness to accept it. If I go how wod. it answer to appropriate the vacant land in the ceded territory, at the price given for our other lands, or such higher price as it wod. command to the payment of all the debts due by Spain to our citizens, exclusive of those she has heretofore been willing to pay; organising a board to settle them. The time of going especially in case of success seems to be material. It wod. add much to the credit of our govt., if during one presidency, the acquisition of this territory could also be made, & all our citizens having just claims on Spain satisfactorily provided for. If I went I shod. wish to set out in April or May, and I might hasten or delay my residence there, according to circumstances and as you might advise. I have already informed you that the compensation which I receive is inadequate to the necessary expences: in truth that I am already in advance, or in debt, for a greater sum than I applied of what I recd. before I sailed to my private engagments, without which it wod. have been improper for me to have sailed. If I go am I to take my family with me or leave them here. If the latter it will cost nearly as much as if I staid myself; the house rent, & many other expences will be the same, & consume the salary; at Madrid I shod. live at my own expence. My wish would be to take them to St. Germain & leave them there, while I went to Madrid, where they wod. be with Mdme Campan, at less expence & great propriety. Here it would not look so well for them to go into lodgings. If I go I should hope that either the outfit be allowed for the two missions, France and Spn., or half the outfit for the first, & the whole expences of attending the other, or that I be allowed what Mr Pinckney’s trip cost the UStates, which I shod. be willing without knowing the amount to adopt as the rule. The price of every thing in this place & in France has doubled since that time, owing to different causes applicable to each place. The expence of this surpasses any thing I had an idea of. If I do not go I hope that half the outfit be allowed for France, & that I be allowed to replace the balance of the money advanc’d me in America on my return home. The outfit here with that accomodation will relieve me from much embarrassment. It does not suit my place to ask or accept of private favors. I might easily obtain them of our bankers, but I do not wish to owe them such an obligation. In my last I intimated to you my wish to return home next fall, which it wod. be most agreeable to me and my family to do; but on consideration since it has occurred that it may be proper for me to remain till the Spring afterwards. These considerations if they have any weight will likewise occur to you. In that case I shall not hesitate to do it. I hinted formerly that an attention to Major Butler wod. I thought, be well recd. & produce a good effect. I have hinted it to no other person and I have no reason to suppose that he thinks of it. I hope that some strong character will be brot. forward, in case the constitution is altered, for the V. Presidency; Clinton or Jarvis seem to have preeminent claims. It is only by presenting such that the publick opinion can be brought round in that quarter.
I enclose you the estimate, or prices pd. for our plate in France, by the man who made it. Any injury will be of course allowd for, and at yr. leasure the amt. paid to Genl. Mason of Georgeton. What other articles if any wh. you recd., may be valued by Mr. Jefferson, & the amount also paid to the general. I had other things to mention, but find I have not time. Be so good as present our best wishes to Mrs. Madison & family & believe me sincerely yr. friend
Jas. Monroe
If I go to Spn. who shall I appoint Chargé in my absence? Mr. Erving has strong pretentions & I think wod. be hurt at the appointment of any other person, especially out of my family: I ought to have a secry., indeed I suffered much by the want of one in France. If Mr. Erving is appointed Mr. Purviance will probably go with me. You know the objections to his appointment, his enemies here, that is our people of the opposit party having done every thing in their power to injure him as they doubtless did me & others: that impression probably wears away by degrees. If Mr. P. is appointed, I must have some one else; Mr. Tyler, Mr. Gelston, Mr. Butler who bears this, or Jas. Bankhead of Westmorland, a relative who wished much to come with me. I intimated to Mr. Butler that in case of such an event wh. I deemed only probable, & wh. I mentioned only in confidence (for I think it better that nothing be known of the intended movment) that I shd. be happy in his compy. as a friend—that I had a secry. who wod. probably go, but as I knew the expence wh. I wod. diminish all in my power, was no object with him, it wod. give me pleasure to have him with me, & that the opportunity of seing France & Spn., & the distinguished me[n] in both countries, might make it an agreeable trip to him. He seemed to decline the idea—said nothing of his disposition for or agnst. the office of Secry. I cod. only offer him that office in case P. was left here; & not well without previously offering it, to Mr. Tyler & Mr. Gelston who wod. probably decline it; the former as inconvenient to leave home, the latter as a temporary thing. In case they all declined it, and Mr. P. was left here, I shod. wish young Bankhead to be sent me, who might be addressed thro’ his uncle Dr. John Bankhead at Port Royal. To the person who comes if any one shod. you might commit yr. last dispatches for me on that subject to be delivered me here or at Madrid according to circumstances. On the propriety of appointing Mr. Erving you might obtain good information of Mr. Merry, or by him make a suitable impression on his govt. in his favor, if it was deemed proper so to do.
As Mr. Purviance has not arrived I conclude you keep him to bring the result to me respecting the treaty.

   RC (DLC: Rives Collection, Madison Papers); FC (DLC: Monroe Papers). RC marked “private” in pencil; docketed by JM. FC is a letterpress copy. Enclosures not found, but see n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:248–49, 238–40, 240–44.

   See Monroe to JM, 22 Oct. 1803 (ibid., 5:562–64).

   The enclosure was probably a copy of Barbé-Marbois to Monroe, 25 Fructidor an XI (12 Sept. 1803) (DLC: Monroe Papers), thanking Monroe for his cooperation in facilitating the advance of $2 million to the French before the ratification of the Louisiana Purchase treaty and conventions. Monroe replied on 10 Oct. 1803, explaining the delay in delivering the funds (ibid.; printed in Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:92–93). On 12 Vendémiaire an XII (5 Oct. 1803), Barbé-Marbois wrote a second time, thanking Monroe for his intercession and noting that Livingston’s reluctance to release the funds had caused Barbé-Marbois many difficulties (DLC: Monroe Papers).

   For Livingston’s memorial, see JM to Livingston, 29 July 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:236–37, 238 n. 6).

   For the disagreement between Monroe and Livingston regarding the guarantee of payment to France, see Monroe to JM, 31 Aug. 1803 (ibid., 5:363–66, 367 nn. 1, 3, 4), and Livingston to JM, 23 Nov. 1803.

   On 16 Sept. 1803 Lord Hawkesbury had instructed Anthony Merry to convey to JM the British government’s objection to the “hostile and offensive” passages in Livingston’s memorial, which was printed in the Philadelphia Aurora General Advertiser of 7 July 1803, a copy of which was probably enclosed in Edward Thornton to Hawkesbury, 9 July 1803 (Mayo, Instructions to British MinistersBernard Mayo, ed., Instructions to British Ministers to the United States, 1791–1812, Annual Report of the American Historical Association of the Year 1936, vol. 3 (Washington, 1941)., p. 199; PRO: Foreign Office, ser. 5, 38:211–12).

   See Monroe to JM, 16 Nov. 1803, and n. 6.

   On 15 Nov. 1803 the London Morning Herald reported: “we find ourselves empowered to state, from the first authority, that there is not any dispute, or even a question of difference subsisting between the two Countries. America feels as she ought to do upon the present occasion, and we are authorized to add, that there never has been a greater degree of cordiality between England and the United States, since the ratification of American Independence, than that which exists at the present moment.”

   See Monroe to JM, 7 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:383–85).

   Monroe may have had in mind Massachusetts Republican Dr. Charles Jarvis, father of consul William Jarvis (Paul Goodman, The Democratic-Republicans of Massachusetts: Politics in a Young Republic [Cambridge, Mass., 1964], pp. 99, 107).

   Enclosure not found.


Title: From James Madison to Frederick Hyde Wollaston, 25 November 1803 (Abstract)
From: Madison, James
To: Wollaston, Frederick Hyde

25 November 1803, Department of State. “I have just received your letter of the 25th. of July last, the only one received since the year 1800—and have to inform you that in May last, the President appointed John M. Goetschius Esqr. to take your place as Consul for the port of Genoa.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:222–23.

   DeWitt Clinton had introduced Goetschius to JM in a 10 May 1803 letter, and on 11 Nov. Jefferson named him to the post at Genoa (ibid., 4:586; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:453, 456).


Title: To James Madison from Unite Dodge, 25 November 1803 (Abstract)
From: Dodge, Unite
To: Madison, James

25 November 1803, Cap Français. Encloses “a printed Letter from General Dessalines to the inhabitants of the Cape [not found], published by order of the General in Chief Rochambeau—himself with most of his Troops are now on board of the french vessels lying in this harbour and the remainder will no doubt be embarked before the 28th, the time agreed upon for the entire evacuation of this City.”
“The two Armies had a severe engagemt. which commenced early in the morning of the 18 inst & wou’d have, in all probability, continued till night, had not an heavy shower of rain put an end to it at about 4 oCk in the afternoon.” Received his passport on 17 Nov. “Had it been granted before, I shou’d most certainly have taken passage immediately for the United States, but, the sudden change which is about to take place in the Gouvernment, will give such a turn to my private concerns, as to require my presence some months longer; I however determined on the 18 inst to Suspend all Official acts and communications.” “I shall be always ready … to serve my Gouvernment with that Fidelity & Zeal which every good Citizen owes to his Country.”

   RC (DNA: RG 59, CD, Cap Haitien, vol. 4). 2 pp.

   The 18 Nov. 1803 battle for Cap Français marked the defeat of French forces in Saint-Domingue. Rochambeau withdrew his troops during the storm, and the following day Dessalines agreed to allow the French army ten days to organize for departure (Heinl and Heinl, Written in Blood, pp. 119–21).


Title: To James Madison from Thomas Smyth, Jr., 25 November 1803 (Abstract)
From: Smyth, Thomas, Jr.
To: Madison, James

25 November 1803, Washington. “My name has been given in as an Applicant for some appointment in the revenue at New Orleans, but I have no reason to suppose it has been accompanied by either earnest solicitation, or particular recommendation.… I therefore beg leave to solicit in my own name the appointment of Naval Officer at New Orleans … and refer you to the under-named Gentlemen for information respecting my Capacity and principles.” Mentions his military service in the Revolution and his exclusion from government appointments under previous administrations. Now solicits “a share of that favour which I am sure will be bestowed on those who have deserved well of their Country.” In a postscript lists U.S. senators [Samuel] Smith, Robert Wright, and [John] Taylor; representatives Samuel Hammond of Georgia and [Walter] Bowie of Maryland; “and the Representatives of Maryland generally.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Smyth”). 3 pp.; docketed by Jefferson.

   Merchant Thomas Smyth, Jr. (1757–1807), of Chestertown, Kent County, Maryland, had achieved the rank of major during the Revolution and later held several minor state government posts (Papenfuse et al., Biographical Dictionary of the Maryland Legislature, p. 757).


Title: From James Madison to Andrew Morris, 26 November 1803
From: Madison, James
To: Morris, Andrew

Sir.
Department of State, November 26, 1803.
Your account for the expences incurred in coming from Algiers to this City with Mr. OBrien’s dispatches has been received thro’ Mr. Rodney: but as the former Gentleman made no agreement with you for a compensation, as you were on your way to the United States when you were charged with them, and considering that the Government has expended a considerable sum in extricating you and part of your crew from captivity, there appears to be no equity in the claim further than for your expenses in coming from Baltimore (the port where you arrived) to this City, whilst remaining here, and in returning to Baltimore. If therefore you will transmit a new account including only these expences, it will be paid to your order. I am &c.
James Madison.

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

   For the capture of Andrew Morris, his crew, and his ship, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 3:457 n. 2. For their release, see Richard O’Brien to JM, 11 Oct. 1802 (ibid., 4:16–18 and n. 1).


Title: To James Madison from Joseph Jones, 26 November 1803
From: Jones, Joseph
To: Madison, James

Dr. Sr.
Alexa. 26th. Novr. 1803.
Mr. Swan informs me there is abt. 60 or 70 dols. due to the Bank on Monroes Notes and which it is necessary shod. be paid. When we were last together you mentioned you shod. have money to pay Monroe for some things purchased from him. If it be so, and you can conveniently furnish the above sum to Mr. Swan or the president of the Bank for the purpose of keeping down the int. it will be doing him a Service and prevent Mr. Swan his security from being called on for the money. It wod. have given me pleasure to have called on you but I have been so long from home on the Circuit and the Genl. Court I am anxious to return and especially as the weather is so favourable—remember me respectfully t⟨o⟩ the Family. Yr. friend & Servt.
Jos: Jones.

   RC (DLC).

   Alexandria merchant and banker Thomas Swann was associated with several banks during the early part of the nineteenth century (Miller, Artisans and Merchants of Alexandria, 1:21, 131, 2:164). Jones doubtless referred to Monroe’s loan at the Bank of Alexandria (Swann to JM, 6 May 1804 [DLC]). See also Monroe to JM, 7 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:395–97).


Title: From James Madison to Matthew L. Davis, 26 November 1803 (Abstract)
From: Madison, James
To: Davis, Matthew L.

26 November 1803, Washington. “I have recd your letter of the 21st. [not found] making certain enquiries relative to your brother George Davis. The last letter from him to the Dept. of State was dated July 3d. last. From the communications of Mr. Cathcart it appears that he left your brother at Tunis early in September. Mr. Cathcart was appointed Successor to Mr. Eaton, but was not recd. by the Bey. No successor to Mr. Cathcart has been named by the President.”

   RC (MWA: Aaron Burr Correspondence). 1 p. Printed in Proceedings of the American Antiquarian Society, n.s., 29 (1919): 119–20.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:142–43.

   See Cathcart to JM, 9 Sept. 1803 (ibid., 5:391–98).


Title: To James Madison from William C. C. Claiborne, 26 November 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

26 November 1803, Natchez. “I have certain information that on the 11th Instant General Wilkinson left Fort St Stephens for Mobile from whence by the way of the Lakes he would proceed to New Orleans and thence to Fort Adams, where his arrival may be soon expected. To my dispatches to the Prefect and Mr. Clark (copies of which I transmitted to you by the last Mail) I have not yet received answers, but I expect them in two or three days.
“I inclose for your perusal the latest communications which have been made to me by Mr. Clarke. They confirm me in opinion, that the presence of the Commissioners is immediately Necessary at New Orleans, and that they should be accompanied by a respectable Military force. Under this impression, no exertions shall be wanting on my part to be in readiness for a speedy movement. Being unwilling to direct a peremptory draft of the Militia, unless the measure should become absolutely necessary, I have as yet only solicited the services of such Volunteers as are willing to proceed as an escort to the Commissioners; and in about four or five days I expect they will muster to the number of Two hundred men at least, and probably a more respectable force.

“I find on more minute enquiry, that the Military preparations at Fort Adams, are not in such forwardness as I expected and wished. But a few pieces of the ordnance there are yet mounted; and I should suppose it inexpedient to move without a handsome train of Artillery: for should opposition be made and a Coup de Main prove impracticable, it would be highly necessary for us to be in a situation to carry on offensive operations with promptitude against the Enemies Works. The Officer Commanding at Fort Adams in a Letter to me Dated the 23 Inst. says ‘If it will be deemed necessary to take no other means of offence than our Muskets, after the 27th we shall be ready at a moments warning, I have now fourteen Boats afloat, and in six days will have two or three more: but I cannot complete the ordnance in less than ten days.’ The Works around the City of New-Orleans are not in a State of defense, but Plaquemines and a fort at the Lake, are strong and regular fortifications, against which it may become necessary to use heavy Cannon.
“I have also to regret, that the situation of Individuals with respect to their Cotton Crops, and other private business at this particular Season of the year, has retarded our volunteer enrollments in the Militia. An Idea also prevails that the force required is intended more for Parade, than Service as the people here cannot believe that any serious opposition is meditated by the Spanish Government at New Orleans. But should such opposition be attempted, I am convinced that a large Majority of the Men capable of bearing arms in this Territory, would join the army with alacrity.
“I have incurred some public expense for the equipment and comfort of the volunteers, which I hope will meet the approbation of Government.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). 3 pp. This letter is not included in a list headed “Governor Claiborne’s letters received by the Department of State,” which summarizes the contents of dispatches dated 7 Sept. 1803–1 Sept. 1804 (DNA: RG 59, TP, Orleans, vol. 5; 11 pp.; docketed by John Graham; filed after 23 Sept. 1804).

   See Claiborne to JM, 18 Nov. 1803 (first letter), and n. 2.

   The enclosures were probably Clark to Claiborne, 14 and 15 Nov. (see Clark to JM, 16 Nov. 1803, and n. 1).


Title: To James Madison from Anthony Merry, 26 November 1803 (Abstract)
From: Merry, Anthony
To: Madison, James

26 November 1803, Georgetown. “I lose no Time in acquainting you with my Arrival at this Place this Afternoon, and to request that you will be pleased to inform me when it will be agreeable to you to allow me the Honor to pay to you my personal Respects, and to deliver to you a Copy of my Letters of Credence. I have at the same Time to beg of you to take the Orders of the President of the United States touching the Time when I can have the Honor to present to him the Original Letters.”

   RC (DNA: RG 59, NFL, Great Britain, vol. 3). 1 p.; docketed by Wagner.

   Merry met briefly with JM on 28 Nov. 1803 and was presented to Jefferson the following day. Merry reported to Hawkesbury that following the ceremony, at which JM was the only other person present, the president engaged him in a conversation in which Jefferson evinced an attitude “by no means favorable” to Napoleon and his ambitions and described Spanish resistance to the transfer of Louisiana to the U.S. as “highly ridiculous, and as shewing a very pitiful Conduct on her Part, since she did not appear to have taken any Measures to support it” (Merry to Hawkesbury, 6 Dec. 1803 [PRO: Foreign Office, ser. 5, 41:26–27]).


Title: To James Madison from James Corrie and Alexander Mactier, 26 November 1803
From: Corrie, James,Mactier, Alexander
To: Madison, James

Letter not found. 26 November 1803. Acknowledged in Wagner to Corrie and Mactier, 1 Dec. 1803 (DNA: RG 59, DL, vol. 14), as an inquiry about the case of the Triumph, Thomas McConnell, master. Wagner stated that a memorandum in the State Department office indicated that Rochambeau had forwarded the papers respecting the ship to Paris on 2 Nov. 1795 and added: “They are doubtless now in the hands of Fulwar Skipwith, Esqr. the American Agent there, to whom you may direct your application.” The claim was settled in 1887 for $4,600 (Cases Decided in the U.S. Court of Claims, 23:525). For details of the case, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 5:136–38.


Title: From James Madison to Nathaniel Knight, 28 November 1803
From: Madison, James
To: Knight, Nathaniel

Sir.
Department of State Novr. 28th. 1803.
I have recd. your letter respecting the case of the Schooner Alice, Capt. Gould. It appears that a condemnation was pronounced against that Vessel & Cargo at St. Lucie in the year 1793. By a reference to the 5th. Article of one of the Conventions with France of the 30th. April last you will observe that captures whereof the Council of Prizes shall not have ordered restitution and where the captors are not insufficient are excluded from the benefit of it. If therefore the condemnation in question is irrevocable (which from its date is probably the case) or the captors are able to pay, there does not seem to be much encouragement to expect repayment under the Convention. It may also be remarked that if the condemnation is irrevocable the case would have been equally excluded by the Convention of 1800. I am &c.
James Madison.

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

   Letter not found.

   In a 20 Nov. 1795 report Fulwar Skipwith noted that he had entered a claim against France for the value of vessel and cargo as well as an indemnity for the ship, which was owned by John Bullock of Providence, Rhode Island (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:756).

   For the provisions of Article 5 of the second convention of 30 Apr. 1803, see Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:518–19.


Title: To James Madison from Vincent Gray, 28 November 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

28 November 1803, Havana. Encloses a duplicate of his last letter of 19 Nov. A Spanish government schooner arrived from Cap Français but brought no news except what was already known, “to wit: that they were there in great distress for every thing.”

“Mr Longchamp, the New French Commissary took charge of his Department this day, and Mr Vermanet will depart in a few days with his family for the United States.”
“General Lavolett who commanded at Port au Prince with part of his officers (a large Sum of Specie) and it is said with 1300 men, has arrived at Battabano on the southside of this Island, and has sent a Colo. and one of his Aids on to this city” to request permission to proceed to Havana and provisions for the troops, “they being in want of every thing.” “These officers … waited on the Governor this day, but I have not yet learned how they were received—nor what line of Conduct the Governor will pursure [sic] relative to those Troops.
“We have already in this City a great number of French Citizens from Santo Domingo, and I well Know that the Government is already much dissatisfied with their Conduct generally; and wishes to get them out of the Country. They are also taking measures to prevent their Privateers to windward from receiving further Succor in the Spanish Ports, in order to enable them to annoy their enemy.” A felucca rumored to have robbed several American ships was said to have been fired on at Baracoa when the captain refused to depart; several crew members were killed. “Twice orders have been given that if she enters any of the Ports again to capture and make a Prize of her.”
“The British Prizes are yet here, ‘tho’ ordered repeated[ly] since my last to depart. A sloop that arrived yesterday from New Port, RI, was boarded off the Berry Islands by a French Schooner Privateer, of about sixty Tons, mounting 4 Guns and manned with 60 Men—they were in want of many articles, which they took and gave an order on some person here for the amount.
“This Privateer is too Strong for any one out of Nassau—therefore I am fearful that she will become very troublesome to our Commerce between New-Orleans and the United States.” Suspects the privateer is partly owned in Cuba.
George Robertson, mate of the Farmer of Philadelphia, which is owned by Capt. Richard George and by Daniel W. Cox, reported that the ship foundered on 10 Nov. “about 30 leagues from Cape Antonio” and that the master and crew were saved by the schooner Betsey of Salem, were sent into Matanzas, and had since gone to New Orleans in a Spanish schooner.
The president’s message to Congress was received at Havana “and read with great Satisfaction, by all parties of every Nation.” Transmitted a copy to the governor and captain general on 23 Nov. and requested the editor of the Aurora to publish it. Does not expect this will happen, as the newspaper is under the control of the governor, who would probably not admit it, “as it would tend to dissatisfy the Spanish Subjects with their own Government, when contrasted with the happy and prosperous State of the United States and the Citizens thereof.”

   RC (DNA: RG 59, CD, Havana, vol. 1). 4 pp.; docketed by Wagner.

   Surgidero de Batabanó, Cuba.


Title: To James Madison from Louis-André Pichon, 28 November 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

28 November 1803, Georgetown. Having had occasion to tell JM of the measures he has taken relative to the French ship Nancy that touched at Charleston lately with letters of marque, causing complaints from the port collector, now encloses extracts, numbered 1, 2, and 3, from his correspondence on the matter with the French commissary at Charleston. Enclosure no. 4 is an extract from a letter written to him by the commissary last summer relative to the arming of a British corsair at Charleston. Spoke with JM about this when they discussed the Nancy. At the same period the French frigate Poursuivante put into port at Charleston at the request of the French agent there. The American ship Cotton Planter, taken by the frigate as a prize on the high seas while engaged in commerce contrary to U.S. laws and unprovided with American papers, was in a situation that would have made its fate very uncertain if it had been taken into a French port. Since this fact is unlikely to have come to the knowledge of the president of the U.S., he believed the occasion proper for recalling it.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC 2 pp.; in French. For enclosures, see nn. 2 and 3.

   See JM to James Simons, 18 Nov. 1803, and n. 6.

   The enclosures (6 pp.; in French) are extracts from Pichon to Simon-Jude Chancognie, interim French commissary for Charleston, 4 Vendémiaire an XII (27 Sept. 1803), advising Chancognie to retrieve the Nancy’s letters of marque, which had been issued by General Frécinet; Pichon to Chancognie, 10 Brumaire an XII (2 Nov. 1803), stating that the owner of the Nancy had written Pichon that Chancognie had taken back the letters as ordered, discussing the uncertainty of Frécinet’s authority to issue such credentials, and advising Chancognie to send the ship, should it disarm, to a French port to regularize its status; and Pichon to Jean-François Soult, French commissary for commercial relations for the state of South Carolina, 1 Frimaire an XII (23 Nov. 1803), deploring the continued presence of the Nancy in U.S. waters and the actions of the captain, including the illegal arming of the ship at Charleston, and ordering Soult to retrieve the Nancy’s papers immediately.

   Pichon enclosed a copy of a 29 Thermidor an XI (17 Aug. 1803) letter from Chancognie (2 pp.; in French; docketed by Wagner) complaining that the Experiment, Captain Higgs, after unloading a cargo of blacks on the coast of Georgia, entered the port of Savannah and was ordered to Kingston, Jamaica. The captain and a Savannah merchant named Mitchell ordered the ship to stop at Charleston, where they bought and loaded four cannon and various naval munitions and enlisted forty men. They encountered no difficulties in doing so, and the Experiment continued its voyage on 15 Aug. 1803.


Title: To James Madison from Wilson and Blackwell, 28 November 1803 (Abstract)
From: Wilson and Blackwell
To: Madison, James

28 November 1803, Trenton. “Our appointment to promulgate the laws U. S. in this state, extending only to those of the Seventh Congress, we have not published those passed this session, as such publication could not be deemed official. Should it be your pleasure, signified to us, we will immediately commence the promulgation of the acts of this Congress. The True American has probably as extensive a circulation as any country paper South of the Hudson river, and much more so than any printer in this State.”

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


Title: To James Madison from William C. C. Claiborne, 29 November 1803
From: Claiborne, William C. C.
To: Madison, James

Sir
Natchez Novr. 29th. 1803.
The special messenger whom I despatched to New Orleans on the 18th instant, returned this evening, and brought with him the enclosed communications from Mr Clark and M. Laussat. The French officer, M. Landais, whose arrival at New Orleans was so much wished for by the Prefect, passed thro’ Natchez three days ago; And I presume that, before this time, he has placed in the hands of the French Commissioner his original powers.
Notwithstanding the pleasing intimations from the Prefect, I am inclined to think, with Mr Clark, that the appearance of a respectable force with the commissioners, would probably facilitate the negociations, and expedite the final delivery of the province to us. I have not been able to collect so many volunteers in this Territory as I calculated on. Many circumstances operated against me in this particular; and none more seriously than the wet and unsettled weather which we have experienced here for some considerable time past without intermission.
It is however my intention to proceed with such volunteers as I have enlisted to Fort Adams within three days; and from thence to New Orleans with all possible expedition. I still hope that the volunteers will amount to upwards of 200 men. These, with the regulars, will make us about 500 strong: and even with that force I am disposed to think that whatever the Spaniards may intend, we shall be able in a short time to hoist the American flag at New Orleans. Accept sincere assurances of my esteem and high consideration, from your obedient servant.
William C. C. Claiborne

   RC and enclosure (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). RC in a clerk’s hand, except for Claiborne’s complimentary close and signature. For surviving enclosure, see n. 1.

   Claiborne enclosed a copy of Laussat to Claiborne, 1 Frimaire an XII (23 Nov. 1803) (3 pp.; in French; docketed by Wagner; translation printed in Carter, Territorial Papers, Orleans, 9:110–12), replying to Claiborne to Laussat, 18 Nov. 1803 (printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:290–91), announcing the appointment of Claiborne and Wilkinson as U.S. commissioners for the transfer of Louisiana. Laussat promised “the most cordial and friendly cooperation” and expressed his concern that special messenger Pierre Landais had not yet arrived with the original documents sent by Pichon. The other enclosures were probably Clark to Claiborne, 22 and 23 Nov. 1803 (see Clark to JM, 28 Nov. 1803, n. 1).


Title: To James Madison from John Sevier, 29 November 1803
From: Sevier, John
To: Madison, James

Sir
Knoxville 29 November 1803
I have duly received your letter of the 14th Instant wherein you are pleased to ask My attention towards ascertaining some particular facts relative to lands in which your friend is concerned. A few days only since the arrival of your letter, since which I have made some Enquiry, the result seems to be that the lands lay some distance on the Indian side of the line, provided it be that I have conjectured. I am not able to ascertain with any accuracy from whom the land was purchased, but is intimated to me from a Robert King. It strikes me that for My information it will be necessary to have the land Well Identified, and to be of avail in Court by the certificate, the No. of the original patents, the Courses, the Quantity and dates of the conveyances should be forwarded whereby the land can be ascertained with precision and certificates made out which will sufficiently explain and Identify it to be the same on which the litigation are depending. You will please reflect on the propriety of My observations and if any thing in My power wherein I can serve you or your friend, be assured sir, it will with great cheerfulness and promptitude be executed. With sentiments of great respect & esteem, I remain sir, your Most obedt. Hbl Sevt.
John: Sevier

   RC (DLC). Marked “(duplicate).”

   Letter not found.

   John Sevier (1745–1815) emigrated from Virginia to the Tennessee region in 1773. He served in the American Revolution and was governor of the short-lived state of Franklin. He served as congressional representative from North Carolina, 1789–91, and as governor of Tennessee, 1796–1801 and 1803–9. He was congressional representative for Tennessee from 1811 until his death (Sobel and Raimo, Biographical Directory of the Governors, 4:1465).


Title: To James Madison from Daniel Clark, 29 November 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

29 November 1803, New Orleans. “I had the honor of advising under date of the 28th. that a conference was to be held at the Government House in the course of the Morning between the French & Spanish Commissioners—it took place, and the authority of the Prefect to take possession of the Province being deemed sufficient he intends tomorrow taking the reins of Government into his hands. I waited on him Yesterday at Noon at his request and he communicated his Plans with the names of the Persons he designed to fill the different Offices civil & military. As his intentions had been manifested to the Governor before I saw him, it was too late to attempt dissuading him from his purpose, but he made no difficulty in making such Changes among the administrative Officers as I thought necessary. He means by a solemn act to take possession and with the Militia to garrison the Forts and take charge of the public Offices. To command them he has appointed a particular Friend of mine, who when first applied to refused the appointment and gave me advice of it, suspecting that some treachery was intended—when I found the Prefect resolved on his scheme I advised my friend to accept the command being better pleased to see it in his hands than in those of a Person in whom I could not confide. A Municipality consisting of a Mayor two Assistants or adjoints a Greffier or Secretary and 8 Members among whom are to be 3 Americans are likewise to be appointed. The Customhouse he wished to place under the charge of the Vice-Consul, who thinking the exercise of any Office under him incompatible with his duty to the U. S. will not accept it, and I presume he will cast his Eyes on some other American to fill that place. With the Revenue of the Customhouse he proposes to pay the Militia and the charges attending taking possession of the Country. A City Treasurer into whose hands all the City funds of whatever kind are to be paid, and who is to call the former receivers to account is likewise among the number of Officers to be named with many other of inferior Note which I do not recollect. A Lt Col. of Engineers who accompanied him from France is to be Commandant of the City. Seals are to be placed on all the Notaries & Registers Offices. The Processes & Suits in the Hands of the Judge now unfinished are to be lodged under the care of the Municipality who are to decide in a summary way on all Matters of Police, and affairs of Moment which would require time to finish, he means shall not be put in suit till the American Government takes possession. The Prisoners in Jail, some of whom the Government meant to carry off he will detain, and will place Guards on all the public Magazines &a. I do not see these preparations with pleasure altho’ I firmly believe he means to act honestly towards the U. S., I am fearful of Events which it may be impossible to guard against or controul and dread the consequences that may ensue. A Fete is to be given at his House on the night of the day on which he takes possession, and as it will at the same time gratify his ruling Passion and humble the Spaniards whom he would run all risks to mortify, it will increase the fermentation of the public Mind which is already but too apparent and the reflecting part of the Community reprobate the Measure as precipitate and think the delay of a few days till the Government should pass from the hands of the Spaniards to the possession of the U. S. could be attended with no danger whatever. The Prefect read to me the first sketch of a Proclamation which he means to issue, and it tends entirely to tranquilise the People and attach them to our Government. I wish however that this Experiment of his were not to be attempted as it will give the lower Classes a hankering for a French Government and will arouse that spirit which I have long attempted to subdue. I shall give advice of this measure to the Commissioners by this days Express, and when the Prefect is in possession will dispatch another to hasten their arrival; in the mean time I shall be careful to do that only which I think most prudent in the present posture of affairs.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 4 pp.; docketed by Wagner as received 19 Dec.; printed in Carter, Territorial Papers, Orleans, 9:123–25.

   This was probably Joseph Deville de Goutin Bellechasse, whom Laussat appointed chief of the militia (Laussat, Memoirs of My Life, p. 74).

   Laussat appointed Étienne Boré mayor, with Pierre Sauvé and Jean Noël Destréhan as his adjuncts. Pierre Derbigny was secretary general. The members of the council were Jacques Livaudais, Sr., Pierre Petit-Cavelier, Jacques-Philippe Villeré, J. Michel Fortier, Sr., Joseph Faurie, Louis Allard, Jr., A. D. Tureaud, Evan Jones, Sr., William Donaldson, and John Watkins (Villiers du Terrage, Last Years of French Louisiana, pp. 496–97).

   This was Jean-Baptiste Labatut (ibid., p. 497).

   This was Antoine Joseph Vinache (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:555 n. 1).

   Laussat’s 30 Nov. 1803 proclamation (printed in Carter, Territorial Papers, Orleans, 9:126–32) portrayed for the residents of Louisiana the benefits that awaited them as a result of their union with the U.S.


Title: To James Madison from William Kirkpatrick, 30 November 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

30 November 1803, Málaga. Wrote last on 8 Oct. “with advice of the Yellow Fever having broke out, among the Shipping in this Port, and from thence Communicated to our Suburbs; a few days afterwards, it began to extend its ravages in the City, & has since visited almost every Street, carrying off daily from 60 @ 114 Souls, notwithstanding that an immense number of the Inhabitants have from the beginning of October, taken refuge in the Country, not less it is thought than 40.000.” “The Physicians say, two distinct Contagious disorders prevail, the yellow Fever, imported from the Havana or Vera Cruz, and a species of Putrid Fever, Known in Europe under the denomination of Jail fevers,” reportedly introduced by French troop transports that arrived “in April last” from Marseilles and were admitted to pratique “towards the end of August, with Sick still on board.” Encloses a statement of mortality for October. Hopes the “baneful effects” will cease with the advancing season. No symptoms have appeared “at any of the neighboring Villages.”
“On the 14 Octr. the Port was ordered to be shut, & all Communication cut off with the Shipping.” It was reopened on 17 Oct., and on 21 Oct. all foreign consuls were notified “that such Vessels as had sick on board, or in which any had died of the reigning Sickness, should immediately leave the Port, and proceed to One of the Lazarett’s in Europe, to perform a rigorous Quarantine, This disposition, however, in the Course of Two, or Three days was also revoked.” In early November “an order came from Madrid, that no Vessel should be allowed to load, or leave the Port, which has been rigidly observed.” There are two American ships, the Yorick, Capt. Charles C. Raboteau, “who has put in from Alicante, in distress, to repair, on his way to Boston, and Ship Flora Capt Henry Sayward, who after landing his Cargo here, from Gloucester, wanted to return in ballast to said Port.” Both captains protested the detention at the consular office. When the governor refused to allow their departure, Kirkpatrick argued “that the Embargo laid on Vessels of other nations, could not be binding on the Americans without infringing the existing Treaty, it being positively stipulated in the 7 & 8 Article, that they should not be subject to detentions, or prevented from proceeding on their Voyages.” Received no answer but also asked Pinckney to address Cevallos on the subject. Expects a favorable decision, “as it would be a cruel Case, to detain Vessels that have had no Sick on board, in an infected Place, exposing the Capta⟨ins⟩ & Crews to fall Victims to the Contagion.”

   RC and enclosure (DNA: RG 59, CD, Malaga, vol. 1). RC 3 pp.; docketed by Wagner as received 26 Mar.; filed at December 1802. For enclosure, see n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:502.

   Typhus.

   Kirkpatrick enclosed “a Statement of the Deaths in Malaga from 30 Oct to 29 Nov 1803” (1 p.), listing the daily death tolls and a total for the period of 2,424. A second copy of the statement adds that the total “till 12 Decr.” was 3,283.

   Article 7 of the 1795 Treaty of San Lorenzo forbade the seizure and detention of vessels for military or public purposes and established procedures in cases of seizure for debt. Article 8 stated that vessels in distress were to be allowed to enter local waters for aid and were not to be hindered from departing (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:323–25).


Title: To James Madison from John and Samuel Welles, 30 November 1803 (Abstract)
From: Welles, John,Welles, Samuel
To: Madison, James

30 November 1803, Boston. Wrote on 24 Nov. enclosing papers relating to a debt due them from two merchant houses in Spain. “We have this day received, & hasten to inclose you, the paper we noted as deficient, Viz ‘a copy of the Edict of the Governor of Cadiz to all the Public-Notaries & Tribunals,’ as well as a copy of the Spanish Minr. Don Pedro Cervallas’ Reply to His Excelly Mr Pinckney the American Ministers Letter on this subject. We likewise inclose Mr Hughes’ letter covering the preceeding.” Will only observe regarding Cevallos’s letter “that upon the grant of the Moratoria to Torres it was from Balleras our agent wished payment, & here it was that the authority of the Govr of Cadiz interposed.” “The answer certainly appears evasive.… We request you to notice that these proceedings are declared by the Prime Minister to be in consideration of ‘especially what they suffered in the United States, where they were defrauded of the enormous sum $400.000, as is publicly known on that continent.’ We are unhappy to observe this, as it seems to imply a species of reprisal which would expose us unjustly to suffer for an injury sustained from others, as well as an indication of an unfavorable disposition in the Court arising from the influence of those interested against us.” Request that JM instruct Pinckney “(to whose Zeal & Abilities we feel ourselves much indebted) … to procure for us that justice to withold which so much influence is excited & for which (if ever done us) we shall be indebted to our own Government only.”

   RC (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Article XI] [Spoliation], Disallowed Claims, vol. 38). 2 pp. Enclosures not found.


Title: From James Madison to the House of Representatives, 1 December 1803
From: Madison, James
To: House of Representatives

Department of State 1 Decr. 1803.
The Secretary of State to whom by a resolution of the House of Representatives of the 2d. March last was referred a Petition of sundry inhabitants of Post St. Vincennes in the Indiana Territory: has examined the same, and thereupon makes the following report viz. The petitioners assert a right to a tract of land which they describe as extending along the Wabash River from Point Coupee to the Mouth of the White River comprizing about seventy two miles above & below Post St. Vincennes, and on both banks of the said River from the little Wabash to the Protoeas River, forming according to their computation an extent in this direction of two hundred and twenty six miles. This right they pretend to derive from an Indian grant to their predecessors as the first settlers of that District, as well as from a subsequent conformation of it by the Indians. It is on the basis of these pretentions that they express their hopes that Congress will “allow them at least a part in the grants which have lately been made by the Indians to the United States” and they add the request that a small tract of Woodland on the banks of the Wabash may be annexed to the Village Commons, which is now become destitute of Wood.
It would be unnecessary to contest the validity of this Indian grant and conformation, since the inhabitants have repeatedly and formally renounced all the right they possess’d to the tract in question, particularly in their address to the Congress of the 26 July 1787 in which they use the following words: “Reposing the most unbounded confidence in the justice, humanity and benevolence of the honorable Congress we solemnly surrender our charter whatever it is, and throw ourselves upon your mercy.” An extract from this document and others from Mr. Tardiveau’s address to Congress in their behalf dated 7th. August 1787, and 28th. Feby. 1788, and also the powers given to him by the inhabitants of St. Vincennes as their agent are annexed. This renunciation as far as it might be supposed by the inhabitants to relate to a valid title in themselves was doubtless one of the motives to the grant and conformations made to them by Congress in their acts of 20th. June & 29th. August 1788, and 3d. March 1791, the latter of which ought to be considered as closing the claims of the settlers of St. Vincennes.
For these reasons the Secretary of State is of opinion that the petition ought not to be granted, which is respectfully submitted.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (DNA: RG 233, Reports and Communications Submitted to the House, 8A-E1).

   The residents of Vincennes had been petitioning Congress for the land in question for at least ten years. The most recent “petition in the French language,” complaining of incursions by U.S. citizens on land claimed by the petitioners and requesting the grant of woodlands on each side of the Wabash, was referred to committee on 11 Feb. 1803. On 2 Mar. 1803 the House of Representatives removed the petition from the committee and referred it to JM (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:32–33; Journal of the U.S. House of Representatives, 7th Cong., 2d sess., 237, 348).

   For the 26 July 1787 address from the residents of Vincennes to the Continental Congress, see Papers of the Continental Congress (microfilm ed.), reel 62, item 48, pp. 107–11.

   For Bartholomew Tardiveau’s 7 Aug. 1787 addresses to the Continental Congress, see ibid., pp. 115–17, 131–32.

   For Tardiveau’s 28 Feb. 1788 addresses to the Continental Congress, see ibid., pp. 123–25, 209–20.

   For the powers granted to Tardiveau as agent by the French and American residents of Vincennes, see ibid., pp. 139–41, 147–48, 185–88.

   For the acts of 20 June and 29 Aug. 1788, setting aside lands for the benefit of the French and American residents of the Illinois country and confirming their titles to land they already held, see Ford et al., Journals of the Continental Congress, 34:247–52, 472–73.

   For the act of 3 Mar. 1791 granting land to settlers resident in Vincennes or the Illinois country in 1783, see U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:221–22.

   JM sent the report to the Speaker of the House of Representatives the following day and it was submitted to the House on 5 Dec. 1803 (JM to Nathaniel Macon, 2 Dec. 1803 [DNA: RG 59, DL, vol. 14; DNA: RG 233, Reports and Communications Submitted to the House, 8A-E1; printed in Carter, Territorial Papers, Indiana, 7:159]; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 1st sess., 642). The original of the report was apparently lost; an undated note filed in the congressional records at the National Archives states: “On the 5th. of December 1803, the Secretary of State made a report on a petition, in the French language, of sundry inhabitants of post Saint Vincennes, in the Indiana territory, which was ordered to lie on the table.… Note … The report is mislaid, and cannot be found for recording” (DNA: RG 233, Records of Reports from Executive Departments, 5C-B1, p. 230).


Title: From James Madison to Robert R. Livingston, 1 December 1803
From: Madison, James
To: Livingston, Robert R.

Sir,
Department of State Washington 1 Decr. 1803
Mr Stephen Girard, a respectable Merchant of Philadelphia, intending to send his Agent, Mr Robert Peter Branu, to Paris in order to solicit payment for some claims he has upon the French Government, has requested that the circumstance might be mentioned to you, with a view to bespeak your aid and countenance to him, as far as it may be requisite and compatible with usage and the nature of the business. Mr Girard’s claim has, I am informed, been intimated to the Department of State some years back. I have the honor to be &c
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6).

   See Girard to JM, 28 Nov. 1803.


Title: To James Madison from Andrew Ellicott, 1 December 1803
From: Ellicott, Andrew
To: Madison, James

Dear Sir
Lancaster December 1st. 1803
I am one of those unfortunate persons, who have approved of the conduct of Govr. Mc.Kean, in negativing some bills last winter, and of Mr. Jefferson, in making no more removals from office in this state. This has brought upon me the vengeance of Mr. Duane, Docr. Lieb, and Mr. S. Bryon, who for the purpose of injuring me to the extent of their power, I have been told are getting papers out of your offices. I have no objection to any of them being made public which I have had an opportunity of meeting, but there may be many which I have never heard of: the propriety of giving immediate publicity to such may be doubtful. I have the honour to be with great esteem your friend and Hbe Servt.
Andw. Ellicott.

   FC (DLC: Ellicott Papers).

   Ellicott probably referred to McKean’s vetoes in December 1802 and March 1803 of bills intended to reform the legal processes for the collection of debts in Pennsylvania (Rowe, Thomas McKean, pp. 333–35).

   For Ellicott’s support of McKean in his disagreement with Philadelphia Aurora General Advertiser editor William Duane and other Pennsylvania Republicans, see ibid., pp. 344–45.


Title: To James Madison from William C. C. Claiborne, 1 December 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

1 December 1803, Natchez. “This day having proved fair, I embarked, a Company of the Natchez Artillery, another of Riflemen, and one Company of Militia Infantry, in all about one hundred Men, on Board of a Vessel at the Natchez Landing, with orders to Sail immediately for Fort Adams.” Impressed a schooner into public service; this schooner will assist in transporting troops and stores to New Orleans. He will proceed to Fort Adams by land on 2 Dec. Expects to meet with eighty more volunteers en route. Has learned that Wilkinson arrived at New Orleans on 25 Nov. and “is hourly expected at Fort Adams.” “There are two or three Companies of Volunteers raising in Jefferson County, but I fear they will not arrive in time to accompany us to New-Orleans.” Mounted infantry from Tennessee are reported to be on their way to Natchez.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:300–301. This letter is not included in a list of dispatches received from Claiborne by the State Department (see Claiborne to JM, 26 Nov. 1803, n.).


Title: To James Madison from Tobias Lear, 2 December 1803
From: Lear, Tobias
To: Madison, James

No. 3
Sir,
Algiers December 2nd: 1803.
I had the honor of writing to you on the 18th of October from Gibraltar, by the U. States ship New York, in which I informed you that I expected to sail in a few days for this place; but on the 22nd, Commodore Preble sailed in the Constitution for Cadiz, to get a Cable and sundry Articles of which he stood in need, and which could not be procured at Gibraltar. He expected to return in a few days; but contrary winds detained him until the 6h of Novr. when he came back to Gibraltar, where he was detained ’till the 13th, when we sailed, in company with the U. S. Schooner Nautulus, and the Brig Argus, which was to take a convoy to Leghorn, and return again to the Straits, which will be her station for the winter.
On the 18th we entered the Bay of Algiers, when Mr. OBrien came off, and as the wind was too light to permit of the ship’s getting to the anchoring birth, he remained on board all night: And the next day, about noon, I went on shore with him, and was received, on my landing, with the usual friendly salute of seven Guns. The Dey being at his Country House, and not expected in the City ’till Thursday, the 24th, I could not have an Audience ’till that time; but he sent to inform me that he should receive me with much pleasure. On the 20h the Commodore came on shore, (the Ship having been saluted with 21 Guns on her anchoring) and returned on board in the afternoon, after having made arrangements for sundry articles of fresh provision &c. &c. which he might want, over and above the customary present which had been sent on board. On the 21st, he got everything he wished, and sailed, with the Nautulus, for Tripoli.
I was much disappointed in not finding here the U. States Brig Syren, which left Gibraltar on the 24th of October for Leghorn, to bring over the Consular present which Mr. Cathcart had provided at that Place: And as the Dey had been informed of my having been at Gibraltar some time since, and was daily expecting me, with the Consular present, he would be highly disappointed at not receiving it with me, and might make some difficulty in receiving me, on that account, especially too as all the annuities had not arrived, and had been so long promised. As he had been favourable impressed towards me, and appeared to be very friendly disposed towards us at present, I thought it would be highly impolitic to do anything which might give a different aspect to our Affairs; and therefore determined to make an arrangement for the present here, if those from Leghorn should not arrive in time. I found that the House of Bocris & Busnach were always provided with those Articles which it was customary to give on such occasions; and upon a full communication with Mr. OBrien and others, on the subject, it was strongly urged that our affairs would be placed upon a much better footing to take the presents from them, and to use their influence therewith, with the Dey (which seems to be great) if it shd. be necessary to continue his patience for the Balance of the Annuities, and as the Articles from Leghorn would always sell here, if necessary, for their cost there. I accordingly Agreed with them, that they should furnish the present, to the entire satisfaction of the Dey & Regency, for twenty thousand dollars; and that they should undertake fully to satisfy him for any deficiency in the annuities which were due on the 5th of September, at the rate of thirty thousand dollars per year, in Cash, for what might be wanting. After some negociation I effected this: And on Thursday Morning the Dey sent to inform me he was ready to receive me. I went to the Palace about 9 Oclock, with Mr. OBrien and the Drogerman &c. &c. The Dey received me with great apparent satisfaction, and had the President’s letter interpreted to him, with which he seemed much pleased. He expressed strong friendship for our Nation, and paid me many Compliments, saying he should depend upon me to hold the balance fairly between him and my Country according to our Treaty. That he liked a Consul with a clean face, and that I might always be assured of his protection, and of everything his Country afforded. He also expressed his satisfaction with the conduct of my predecessor since he had been here. The Audience lasted about half an hour. At eleven Oclk we returned to the Palace with the presents for the Dey, carried in form. He examined them with much Attention, seemed highly pleased, and expressed his happiness in being on good terms with the United States.
In the afternoon I went to visit the heads of Departments at their several Houses, in the following Order—The prime Minister—the Aga, or General of the Turks—The Hogia de Cavallos, or General of the Horse—and the Vickelhadge, or minister of Marine. To each of these a present was carried, as is customary. They all appeared highly pleased, paid me many compliments and repeated, again and again, the pleasure they should take in shewing their friendship to the U. States, and their readiness to render me any service.
The following day was spent in sending the presents to the inferior Officers; none of whom were visited by me in form, as it is not customary for Consuls to pay particular attention to any but the high Officers.
On the 27th, I went, with Mr. OBrien, to the Minister of Marine, and informed him of our intention to change our mediterranean Passports, and shewed him one of the new Passports; at the same time informing him, agreeably to my instructions, of the time which wd. elapse before the new one shd be alone in use; and in the mean time, that either the old or the new should be considered as sufficient; but instead of nineteen months being allowed for the full exchange, I mentioned two years, (consisting of twelve lunar months each) in order to give ample time for the exchange to be made by all american Vessels. This time was readily acceded to, and the business being fully explained, the Minister expressed his full satisfaction, with assurances that it shd. be particularly observed. As this is a business entirely in the marine Department, the communication was properly made here. I wished to have made it in writing; but Mr. OBrien and the other Consuls assured me it was never done. This formal communication, in presence of the Drogerman, being all that is required, and that notes are made of it in the Department.
On the 28th, I sent, by the Drogerman, a formal message, announcing the Blockade of Tripoli, agreeably to the official information thereof, given me by Commodore Preble.
The nine Cruizers which sailed from this Port on the 3d of October, on a cruize on the Court of Naples & Sicily, returned into Port yesterday, bringing about 150 Captives whom they had taken from the land, and out of small coasting craft. They brought no prizes in with them. They consist of one frigate of 44 Guns, built here—another of the same force, taken by the former, some time since, from the Portuguise—the Crescent, built in the U. States—Three Xebecks from 20 to 30 Guns—the Brig & two Schooners built in the U. States.
The Biennial Present had been made by Mr. OBrien, before my arrival, out of the 30,000 dollars in his hands. This amounted to 16,000 dolls. 4000 more he says he has taken to his own account and for Consular Expences—and 10,000 is to be paid to the Jews on account of the Consular Present &c.
I paid to the Dey, at the time I gave him the Consular present, six thousand eight hundred dollars, for the Ransom of Captn. Morris & Crew. The Debt of fifteen thousand & seventy five Dollars, due to the Jews, is to be paid when I pay them for the Consular present, which will be done as soon as they furnish their accounts.
Mr. OBrien yesterday received a letter from Dr. Davis, at Tunis, a copy of which is enclosed. I shall write to Dr. Davis to take care of our Affairs at Tunis until I see him in the Spring, and in the mean time to keep me fully informed of everything which relates to us in that quarter.
As I have been here so short a time, you will not, of course, expect I can go into any detail of our affairs from my own knowledge. Every thing appears at present very favourable to us; and I think it justice to Mr. OBrien to say that he seems to have conducted our affairs with great adroitness, to keep the Dey in good humour, when we have been so tardy in our annuities; and must add that he appears to be very willing and able to give me full information on every point. I must here express my astonishment to find, that even if the other Ship should arrive with the Timber &c. we shall be so far from being in advance to the Regency that there will be a very considerable sum due to make up the deficiency to the 5h of September last. The first Ship which arrived brought a Cargo for the U. States amounting only to about 11,000 dollars—and the Second (The Old Tom, by which this letter goes) brought but 3000 dollars. The Ship expected will not probably, from her size, have more than the last; in which case we shall still be in debt more than one year for the Annuities. How this has happened I cannot tell; but it is certainly very unfortunate; and I fear very much for the Ship expected (The Sally, Captn. Archer) as Captn. Cornick of the Old Tom, now here, says she had put back to Norfolk, with the loss of her foremast, was repaired, and expected to sail from thence the day after he came out; and that she was so old and so bad a Ship that no person in Norfolk would insure upon her. Should we fall so much behind hand as I expect, and the Dey insist upon an immediate payment of the balance, I shall be drained of all my money, and have no resources for our business at Tripoli or Tunis, should any arrangement take place with the former: but I cannot help entertaining a hope, from my knowledge of Commodore Preble, and from some other circumstances, that we shall lower the haughty tone of that Regency.
I have the honor to enclose the Copy of a letter from [me to] Commodore Preble, and his answer, on the subject of my going to Tripoli in the Spring.
From the little I have had an opportunity of learning and observing here, I should not apprehend much difficulty in keeping fair with this Regency, provided we are punctual in complying with the stipulations in our Treaty, and proper measures are taken by the Consul here to keep on good terms with the leading men: but unless such punctuality is observed, and the Consul has the power or means to meet any sudden or unforeseen storm, I presume we shall always be in danger of a Rupture, and the situation of a public Agent here very precarious and unpleasant. I shall not fail to keep in view the several points mentioned in my instructions, and push them, as I may find fair & favourable opportunities.
The English Consul, Mr. Falcon, who was sent from hence last-summer, by the Dey, left Gibraltar some time before I sailed from thence, to go to Lord Nelson, off Toulon, who, it was said, was ordered to see him restored to his Post; but they seem to laugh at the idea here of his being forced upon them.
At the close of the present month, I shall make up my accounts and forward them to you, when I hope to be able to give you a more minute detail of our affairs in this quarter.
Accept the assurances of sincere respect & Attachment with which I have the honor to be, Sir, Your obliged & Obedient Servt
Tobias Lear

   RC and enclosures (DNA: RG 59, CD, Algiers, vol. 6); letterbook copy (owned by Stephen Decatur, Garden City, N.Y., 1961). RC in a clerk’s hand, signed by Lear; marked “Duplicate.” Letterbook copy contains the following postscript: “NB. First sent by the Ship old Tom—Capt. John Cormick, sailed, December 4th. 1803—2d. by way of Alicant December 26th. 1803.” For enclosures, see nn. 3 and 5.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:540–49.

   For the U.S. gift of the frigate Crescent, the brig Hassan Bashaw, and the schooners Skjoldebrand and Lelah Eisha to the dey, see ibid., 3:307 n. 1.

   Lear enclosed a copy of George Davis to Richard O’Brien, 15 Oct. 1803 (6 pp.; docketed by Wagner), in which Davis excused himself for not writing because of poor health, described Cathcart’s unsuccessful mission to Tunis, and discussed the regencies’ methods for dealing with foreign countries. While agreeing with O’Brien that the cession of Louisiana was “one of the greatest events, which has been known since the formation of our Govt.,” Davis added that he had no hopes of accomplishing anything so honorable in Barbary. “We are doomed to answer to the eternal cry of Give.” He predicted the U.S. would eventually have “to pay unconditional tribute.” He had heard nothing of U.S. affairs in Morocco and expressed fears that U.S. naval commanders would not honor his passports and that his “head must pay the forfeit.” He added in a postscript that he knew nothing of “the affair of Hargreaves.” For Cathcart’s rejection as U.S. consul by the bey of Tunis, see Cathcart to JM, 9 Sept. 1803 (ibid., 5:391–98).

   These words are omitted in the RC and have been supplied from the letterbook copy.

   The enclosures (docketed by Wagner; 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)., 3:217–18) are copies of Lear to Preble, 13 Nov. 1803 (1 p.), stating that Lear had decided to remain at Algiers through the winter and proceed to Tripoli for negotiations in the spring, when the weather would allow the squadron to support his efforts, and asking Preble to advise him when the time was right, and Preble to Lear, 14 Nov. 1803 (1 p.), agreeing with the plan.


Title: From James Madison to Albert Gallatin, 2 December 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

2 December 1803, Department of State. Requests a warrant for $22,222.22 against the appropriation for Barbary negotiations in favor of James Davidson, holder of the enclosed bill drawn upon JM by James Leander Cathcart to the order of Degen, Purviance, and Company of Leghorn. The sum is to be charged to Cathcart’s account.

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


Title: To James Madison from William C. C. Claiborne, 2 December 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

2 December 1803, Natchez. “The Mail this evening brought me a Letter from Mr. Clark, which I here inclose with sincere pleasure, as it contains additional grounds of expectation, that the Province of Louisiana &c will be delivered over to us without the necessity of our having recourse to Hostile extremities. As there is I believe no doubt but that Mr. Landais brought with him the original papers alluded to by Mr. Clark, all difficulties respecting the Cession seem to be removed.”

   Letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). 1 p. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:301. This letter is not included in a list of dispatches received from Claiborne by the State Department (see Claiborne to JM, 26 Nov. 1803, n.).

   The enclosure was probably Clark to Claiborne, 25 Nov. 1803 (see Clark to JM, 28 Nov. 1803, n. 1).


Title: To James Madison from John Quincy Adams, [3 December] 1803
From: Adams, John Quincy
To: Madison, James

Sir
[3 December 1803]
Some difficulty having arisen in the Senate, in considering the expediency of advising and consenting to the Ratification of the Treaty of limits between the United States, and Great-Britain signed on the 12th: of May 1803.—A Committee of that body has been appointed to inquire and report upon the subject.
The difficulty arises from the circumstance that the Treaty with the French Republic, containing the cession of Louisiana was signed on the 30th: of April 1803. twelve days earlier than that with Great-Britain; and some apprehension is entertained that the boundary line contemplated in the third Article of the latter, may by a possible future construction, be pretended to operate as a limitation to the claims of Territory acquired by the United States in the former of these instruments.
But as the ratification, if it can be effected, without unnecessary delay, is a desirable object, it has occurred to the Committee that Mr. King, may possibly have it in his power to give information which might remove the obstacle. I have therefore in behalf of the Committee to ask, whether from any information in possession of your department, or which may be obtained, in such manner as you may deem expedient, it can be ascertained whether the third Article of the Treaty with Great-Britain, was concluded with any reference whatsoever to that with the French Republic, or with any right or claim which the United States have acquired by it. I am with much respect, Sir, your very humble and obedt: Servt:
John Quincy Adams

   Tr (DNA: RG 46, Foreign Relations, 8B-B2); Tr (NHi: Rufus King Papers). Second Tr written on the verso of JM to Rufus King, 4 Dec. 1803, in which the original was enclosed. Undated; date assigned on the basis of JM’s letter to King.

   See King to JM, 13 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:607 and nn. 1 and 3).

   An asterisk has been placed here and “fifth” written in the margin. Adams clearly meant Article 5 of the treaty, which referred to the source of the Mississippi.


Title: To James Madison from Tobias Lear, 3 December 1803
From: Lear, Tobias
To: Madison, James

No. 4
Sir
Saturday Morning. Decr. 3d. 1803
I embrace the last moment of the ship old Tom being here, to inform you that the Dey sent in great hast[e] this morning for Mr. O’Brien & myself to the palace. We found him in a violent rage, and on the point of giving orders for the execution of some of the Captains of his cruizers, who, on their late cruize, had taken a Maltise Vessel which was under the protection of English passports, and carried her into Tunis where she was sold.
The Dey said he wished us to have this evidence of his justice, that altho he had sent the British Consul out of the country for his own personal malconduct; yet he was at peace with England, and would strictly adhere to his Treaty with that power. That sending the Consul away was the means of saving his life; for he had violated a sacred law of the Mahometans, by having had connexion with Moorish Women, and had done other things which had so irritated the Moors that he could not be safe in the Country. He wished the King of England to know that he was not unjust, and as an evidence of his justice, he had determined to take the heads of those Captains who had violated the Treaty by taking Vessels under the British protection &c. This we found was intended to make a parade of justice, and expecting that we would beg him to shew mercy to his subjects, and not let this punishment touch their lives. After he had exhausted himself with rage, we told him the best evidence he could give of his justice would be to restore the people to liberty, and return their property; or if it had been sold to pay for it, and to inflict a less severe punishment on his captains untill it could be ascertained how far they deserved to lose their lives. This seemed to be highly relished by him; as it was what he wanted, in order to have an excuse for suspending the punishment he had threatened. He requested me to write a letter to give information of his intentions, and to shew that he was still desireous of a good understanding with the English, and if they would send another Consul here he should be immediately received; but that Mr. Falcon would not be safe if he should permit him to come.
Upon the whole it is evident he has a dread of the English, and has probably heard that they intend to pay him a visit in no very friendly manner. I think good will come out of this. The Ship is getting under way and I can only assure you of the high respect & sincere regard with which I have the honor to be Sir, Yr. Mo: obligd. & fathfl. Servt.

   RC, two copies (DNA: RG 59, CD, Algiers, vol. 6); letterbook copy (owned by Stephen Decatur, Garden City, N.Y., 1961). First RC unsigned; marked “(Duplicate)”; docketed by Wagner. Second RC marked triplicate.

   For the history of this incident, see Richard O’Brien to JM, 28 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:559, 560 nn. 1 and 2).


Title: To James Madison from John Leonard, 3 December 1803 (Abstract)
From: Leonard, John
To: Madison, James

3 December 1803, Barcelona. “The Board of Health having requested me to prevent any bad consequences that may arise from the reports that have circulated concerning the Health of this place,… I beg leave to observe that never did this Place enjoy a more perfect State of Health than what is at present actually the case.” Precautions taken locally caused the circulation of rumors, “and the consequence was that Vessels were obliged in the French ports and others to perform a severe Quarantine, as coming from Barcelona.” “No Vessels from New York are permitted to enter any of the Ports of Spain, and one from thence a few days Since with Flour was obliged to Depart.” Assures JM “of the friendly and intimate footing which exists between the Commander in Chief and others in Power of this Place and myself.” “Your Instructions will in every respect be attended to, and I shall be particularly cautious of troubling on trifling occasions.” Is pleased that his standing may enable him “to serve my Country with ease, where in another Situation, difficulties might arise.” “The Neutrality of Spain still continues. The English Government had issued orders, for preventing any vessels with British Property from clearing out of their Customs for this place it is however now reported that the order is recalled, and they depart as usual. I have a Letter from Commodore Preble under date the 12th November which informs me of the Blockade of the Port of Tripoli, and I have given the necessary communication.” Refers JM to his last letter of 6 Nov. 1803 [not found].

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

   Leonard doubtless referred to Preble’s 12 Nov. 1803 circular letter informing all American consuls of the blockade and asking them to have consuls of neutral powers notify vessels sailing under their flags (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)., 3:215–16).


Title: From James Madison to Rufus King, 4 [December] 1803
From: Madison, James
To: King, Rufus

Dear Sir
Washington Novr. [December] 4. 1803
I cannot better fulfill the object of the Committee of which Mr Adams is Chairman, than by inclosing you his letter to me explaining it. Writing from my house, where a copy cannot be conveniently taken, I am induced to avoid delay, by sending you the original, which I ask the favor of you to return with your answer. With great esteem I remain Yr. mo. obed. Servt
James Madison

   RC and Tr of enclosure (NHi: Rufus King Papers). RC docketed by King: “Nov. 4. mistake for Dec. 4 1803.” A note at the foot of the RC in King’s hand reads: “Conn. —— May 12 note to L H. May 15 and —— 19.”

   John Quincy Adams to JM, 3 Dec. 1803.


Title: To James Madison from William C. C. Claiborne, 4 December 1803
From: Claiborne, William C. C.
To: Madison, James

Sir
Fort Adams Decr. 4th. 1803. 8 o’clock P.M.
I arrived here this evening and had the pleasure to meet General Wilkinson. I find that the boats &c, are not yet ready for embarkation, but the General supposes he will be able to make a movement on the 6th instant. On my route hither, I met the express mail from New Orleans, and received by that conveyance a communication from Mr Clark of which the enclosed is a copy. I congratulate you, Sir, on the contents of that communication, since it justifies a hope, that the province of Louisiana will be surrendered to the United States immediately on the arrival of the American Commissioners, and that no blood will be shed on the occasion.
I am now the less anxious to have a large Militia force, and shall discontinue my exertions to Collect numbers. But I presume it will be adviseable to take with us as many volunteers as have already been enrolled, and are either here or on their way hither. I suppose they may amount to between 160 & 200 men.
I at this place met with the owner of the schooner (Bilboa) which I impressed into the public service at Natchez, and he appears much dissatisfied with that impressment; and affects to be in expectation of no small indemnity for the injury he sustains. I feel this to have been the most arbitrary act of my life; but one which not only the public service required, but absolute necessity, at the time, seemed to demand. The schooner has already been serviceable in conveying to this place a large part of the Militia; and her future services will be still more valuable, as, without the assistance of such a vessel, there is much of the ordnance, fixed ammunition, and other necessary military stores that could not be at this time transported to New Orleans. I have the honor to be With sentiments of high Consideration Your Obedient servant.
William C. C. Claiborne

   RC (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). RC in a clerk’s hand, signed by Claiborne.

   Enclosure not found, but it may have been a copy of Clark to Claiborne and Wilkinson, 29 Nov. 1803 (see Clark to JM, 29 Nov. 1803 [second letter], n. 1).

   The clause “and in this opinion I presume the General will concur” is crossed out here.


Title: To James Madison from William C. C. Claiborne, 5 December 1803
From: Claiborne, William C. C.
To: Madison, James

Sir
Fort Adams Decr 5th 1803.
The General is apparently making every possible preparation to embark immediately, but I fear we shall not be able to proceed tomorrow as was expected. The boats are not yet all covered, but will probably be completed this evening. I feel a great anxiety to be at New Orleans. But I find it is no easy task to put even a small army into motion. I am happy at the pleasing prospect now before us of a peaceable entry into Louisiana; as the expenditure of national blood and treasure might otherwise be great, and the consequences calamitous.
The volunteers from the M. Territory, to the number of about 160, have already assembled at this garrison: and it is expected that 35 or 40 more will be here tomorrow or next day. These men having been called into service upon so short a notice are inadequately prepared with cloathing &c, for the Season. And understanding that there is a surplus of cloathing, blankets, &c. in the public stores, I shall entreat the General to direct that the detachment of Militia be furnished with some necessary supplies. Nothing shall be asked but what is essential to the Comfort of the volunteers: and I persuade myself that the executive will approve my application, and sanction the conduct of the General should the request be granted. We are hourly in expectation of a letter from M. Laussat, announcing the delivery of Louisiana to him by the Spanish Authorities. I have the honor to be With esteem and consideration Sir your obedient servant.
William C. C. Claiborne

   RC (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy (Ms-Ar: Claiborne Executive Journal, vol. 13). RC in a clerk’s hand, signed by Claiborne.


Title: To James Madison from Vincent Gray, 5 December 1803
From: Gray, Vincent
To: Madison, James

Sir,
Havana 5th. December 1803.
Enclosed you have a return of vessels purchased at this city for and on account of Citizens of the United States, for the Month of November last past.
The French General, his officers and Troops mentioned in my last, have been refused admitance into the Island; and vessels have been embargo’d at Batabano to carry them back to Santo Domingo; and Provisions sent to support them during the voyage. However as an old 74 has been anchored off the House of the General of Marines for the purpose of receiving such French Soldiers and Marines as may arrive here, I presume that General Levolette has refused to leave the Island. Should that be the case Goverment has become very Jealous and Watchful over the conduct of the French, I presume that the followers of the General, both officers and soldiers will be compelled to take up their quarters on board the Hulk.
By the last arrival from Spain we have been informed that most of the principal officers of the Island at this City, have been changed, to Wit: the Governor and Captain General of the Island, the Intendt. General, the Lieut. Governor or assessor General and the Paymaster General of Forces.
Their Successors are not yet Known, but whether the change may be in favor of the United States is very uncertain, because altho’ the Governor and Capt. General does no harm, yet he is a man of so mild a disposition he frequently Suffers others to impose upon Foreigners with impunity; and himself does no good.
It affords me great pleasure to have it in my power to say that an extensive Licence has lately been obtained from His Catholic Majesty to import into this Island in Neutral vessels, many articles of the produce and Manifacture of the United States, direct from said States, and to export in return therefore all Kinds of Produce of the Island.
By the next Packet we expect the Royal order, when I will forward you copies thereof by the first vessels sailing for the United States. I am Sir, Very respectfully, your most Ob. Servt.
Vincent Gray
P S. It is said that the present Governor of Porto Rico, is named for this Goverment, in the stead of the Marques de Someruelos. The President of the Ecclesiastecal here, as Leiut. Govenor or assessor General, the old Intendt. Viguri to return as Intendant—the Brother of the Present Intendt. as Paymaster General of Forces and the Present Intendt. removed and appointed Intendt of Mexico—and his other brother Intent. of Carracas. The President of the Ecclesiastecal Cou⟨ncil⟩ is the first layman ever appointed to that office & is said to be [a] man of great influence at Court.

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

   Enclosure not found.


Title: From James Madison to Robert Bowie, 6 December 1803 (Abstract)
From: Madison, James
To: Bowie, Robert

6 December 1803, Department of State. “The Secretary of State presents his respects to the Governor of Maryland and has the honor to enclose a communication, which he received open from William Pinkney Esqr. The Secretary takes this occasion to observe, that the Resolution of the Council of Maryland of the 5th. of August last, authorising that Gentleman to relinquish any sum not exceeding ten thousand pounds sterling out of the stock in question, was forwarded to him in a letter from this Department dated in the same month.”

   RC (MdAA); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p.; in a clerk’s hand; unsigned. For enclosure, see n. 2.

   Revolutionary War veteran Robert Bowie (1750–1818) replaced John Mercer as governor of Maryland on 15 Nov. 1803. He had been a member of the Maryland House of Delegates, 1785–86, 1788–90, and 1801–3. He was reelected governor in 1804, 1805, and 1811 and was a strong supporter of the War of 1812 (Sobel and Raimo, Biographical Directory of the Governors, 2:650–51).

   For William Pinkney to JM, 22 Oct. 1803, dealing with the issue of the Maryland bank stock, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:565–66.

   See ibid., 5:303 n. 2.