Title: From James Madison to Louis-André Pichon, 9 December 1802
From: Madison, James
To: Pichon, Louis-André

Sir,
Department of State December 9th. 1802.
In answer to your letter, intimating that the Corvette Cassius ought to be considered as that sort of property belonging to the French Republic, which ought to be restored, I have the honor to state, that after her abandonment in 1795 by Mr. Adet to the Government of the United States and after her acquittal by the Federal Court she was sold at public Auction by order of the Secretary of State in the month of December 1798, when the produced only $1060. From the books of the Treasury Department it appears that the expenses, incurred by the United States in preserving her after the abandonment, considerably exceed that sum, and that consequently they have been losers.
As the case of a National vessel under such circumstances does not fall within any article of the Convention, and particularly not within the 3d. which being confined to captures, is inapplicable to a seizure under the laws of the Country; it is not deemed expedient or necessary to investigate the circumstances, relating to it, which formerly made it a subject of painful controversy. It is not to be doubted, that had any money remained with the United States, after deducting the expenses arising from the abandonment, it would be freely paid over to your Goverment. I have the honor to be &ca.
James Madison.

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

   See Pichon to JM, 4 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:368 and n. 2).

   The State Department clerk probably omitted to write “sale” here.

   Article 3 of the Convention of 1800 between the U.S. and France provided that public ships which had been “taken” by either side before the exchange of ratification should be restored (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:459).


Title: From James Madison to Stephen Cathalan, Jr., 9 December 1802 (Abstract)
From: Madison, James
To: Cathalan, Stephen

9 December 1802, Department of State, Washington. States that the account in Cathalan’s 2 July letter has been transferred to the treasury for settlement. “As the money is receivable in this Country only, you will be pleased to authorize your correspondent to receive it for you on the settlement being made.” Suggests that in the meantime Cathalan forward the vouchers required to authenticate the charges.

   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 (4 vols. to date; Charlottesville, Va., 1986—)., 3:360.


Title: To James Madison from Joseph Crockett, 9 December 1802 (Abstract)
From: Crockett, Joseph
To: Madison, James

9 December 1802, Frankfort. The death of William Clarke has left vacant the position of chief judge of the Indiana Territory. Recommends James Blair of Frankfort as a fit candidate for the post and asks JM’s aid and influence to induce the president to nominate him. Blair has been for “five or Six years past” attorney general for Kentucky and has discharged his duty “respectably and fiducially.” “He is also a good republican. The duties of his present Office from the Situation and policy of this country has been too labourious for his Stren[g]th and constitution.”

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


Title: From James Madison to Samuel Meeker, 10 December 1802
From: Madison, James
To: Meeker, Samuel

Sir,
Department of State Washington 10 Decr. 1803. [1802]
I have recd. your letter of the 4th. from the information I have received, there does not seem to remain a doubt, that American vessels are excluded from the carriage of Cotton of foreign growth to Great Britain for her consumption. How far the prohibition will effect cotton, the production of our western Country, shipped from New Orleans, is not equally clear; and it would therefore certainly be prudent, tho’ the step should be embarrassing, for vessels concerned in the latter trade beside obtaining a certificate of the cotton being of American growth to touch at one of the southern ports for a clearance. The importance of the navigation of the Mississippi and of a deposit near its mouth is seen by the Government in its full magnitude and the late conduct of the intendant of Louisiana, in relation to them, has engaged a due share of attention. It is hoped that the measures pursued will terminate in a change of his regulations before much injury will ensue from them. I am &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Date corrected on the basis of Meeker to JM, 4 Dec. 1802, and the letter’s being filed under 1802.


Title: To James Madison from Joseph Barnes, 10 December 1802 (Abstract)
From: Barnes, Joseph
To: Madison, James

10 December 1802, Leghorn. Reports that he received JM’s 12 Apr. letter [not found] and commission on his return from a tour of Trieste and northern Italy. The commission is for the island of Sicily rather than for the Kingdom of the Two Sicilies. Hopes that Naples will be added, since if he is to gather intelligence, guard American interests, and obtain advantages for U.S. commerce, he should reside at Naples with the court. Believes it is through the neglect of JM’s chief clerk that he has received neither instructions nor the laws of the U.S. Has no doubt JM will order them forwarded immediately. Stresses forcibly the “impropriety, indeed, injury” done to U.S. consuls by vesting the naval agency in others. Consuls, having no salaries, ought to have every advantage government can give them. Is satisfied JM will spare no effort to correct this. Americans are the only consuls in the Mediterranean lacking a naval agency, which undermines their standing with local governments. Will leave for Naples within two weeks to present his commission, proceed to Marseilles and Genoa on personal business, then go to Sicily. Adds in a postscript that he lived in Philadelphia before leaving the U.S. in 1793. Has since lived in London, Germany, and Italy. “I have had a great deal to do in furnishing Supplies from Sicily for the British Government at Malt⟨a⟩ and being on the best terms with the present Governor Ball, of Malta, ‘much is in my power.’” Offers to negotiate commercial regulations with Naples. Contracts with the British in Naples have acquainted him with “Some of the principal & most influential characters about the Court.” Will try, as far as his circumscribed situation in Sicily will permit, to promote U.S. interests. “Permit me to add, were I vested with the Agency of the Navy in the Island of Sicily,… I could Supply any number of our Ships of War … on as good & perhaps better terms than those not having had equal advantages; and, that too, without drawing on the credit established by the U. S. in London, or other place, ’till the supplies were made.” Will execute his bond and send it from Naples. Asks JM to send another copy “lest any accident may happen” to the first. A new war is much talked of, but he believes there is no foundation for the reports. The French virtually rule all Italy except the Neapolitan states, which are under British influence. The British have “about 6000 men” in Egypt and the same number at Malta. “The Maltese are violently in favor of the British having become rich under their Govt. and a free Flag ’tis Supposed here that the English will not leave Malta.” Has been informed a U.S. marine hospital will be established at Syracuse. Hopes to be allowed “all the a⟨d⟩vantages attending my Consulate in Sicily; not So much for the emolument as for the consequence.” Believes he can “at least do equally, & ought to do better” than the present agents, who “reside in Leghorn which must occasion double the expences.” Is financially comfortable from British contracts, so “my country’s consequence & my own are the prevalent objects—not pecuniary interest.”

   RC (DNA: RG 59, CD, Leghorn, vol. 1). 7 pp. Docketed by Wagner as received 17 Mar. 1803.

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


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

10 December 1802, Marseilles. Encloses copies of “official Letters” from the U.S. consuls at Tunis and Algiers. “Such Copies I Send to our Consuls on The Coast of Spain. The Letter from Tunis reached me Via Leghorn but This Moment I receive one direct from Consul Willm. Eaton of The 16th. ulto. with a Packett to your address wh. I Forward by This Mail according to his directions under Cover of Consul John Gavino.… We are long ere deprived, here, of news direct from Tripoly tho’ French Vessels are dayly Expected.” There is no news from Commodore Morris or Cathcart. Has sent copies of O’Brien’s letter to consuls in Italy. Received O’Brien’s letter from Capt. Andrew Morris, former commander of the Franklin, who arrived from Algiers. “He acknowledges he was Exceedingly Well treated by The Bashaw of Tripoly.” Hopes that JM and the secretary of the navy will have taken into consideration his letter of 6 Sept. regarding the letter he received from Purviance at Leghorn.

   RC and enclosures (DNA: RG 59, CD, Marseilles, vol. 1). RC 2 pp. Enclosures (2 pp.; docketed by Wagner) are copies of Eaton’s 9 Nov. 1802 circular letter (see Appleton to JM, 7 Dec. 1802, and n. 1) and O’Brien to Cathalan, 24 Nov. 1802, reporting that Captain Barron had arrived on 21 Nov. with the cash annuity in lieu of stores but that the dey had refused to receive the cash and insisted on the U.S. sending stores.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:552–53 and n. 2.

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


Title: To James Madison from Samuel Snow, 10 December 1802 (Abstract)
From: Snow, Samuel
To: Madison, James

10 December 1802, Providence. Encloses a semiannual report [not found] of American ships at Canton between 31 July 1801 and 1 Jan. 1802 which he recently received from his agent there. “Nothing particular accompanied the report.”

   RC (DNA: RG 59, CD, Canton, vol. 1). 1 p. Docketed by Wagner as received 20 Dec.

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


Title: To James Madison from James Monroe, 13 December 1802
From: Monroe, James
To: Madison, James

Dear Sir
Richmond Decr. 13. 1802
Major James Barbour of Orange has lately intimated a desire that I wod. make you acquainted with his wish to visit Europe in some station, in which he might render service while it contributed to defray his expence. The consulate, & the comn. to adjust claims with Spain are the objects to which his attention is directed. I think him a young man of genius & good capacity for business, and have no doubt with the instructions he wod. of course receive, that he wod. be well qualified for either station. His acquaintance with the law might be of some use in the latter case.
As Mr. Pintard passed here lately, he reminded me of his correspondence with me while he was at Madiera as Consul, and expressed a wish that I wod. state to you what I heard of his character abroad. I recollect hearing him often spoken of as a man of merit, and I think by many as a republican. I was under a very favorable impression of his claim to the good opinion of his countrymen and of his character generally, in reference to his office & in point of morality. I therefore very readily state what I recollect of him. Very sincerely I am Dear Sir yours
Jas. Monroe
Mr. Page is governor, Mr. Hay, Brokenborough member from Essex, & Grymes from Shanadoah are counsellors, in the place of Wood, White & Pendleton, the two first removed & the last resigned.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Barbour”). Addressee not indicated; assigned on the basis of the contents of Pintard to JM, 3 Dec. 1802, and n. 1, and Barbour to JM, 9 Dec. 1802.

   John Page was elected governor by a joint vote of the House of Delegates and Senate of the Virginia General Assembly on 11 Dec. 1802 and served in that office for three one-year terms (JHDVJournal of the House of Delegates of the Commonwealth of Virginia, Begun and Held at the Capitol, in the City of Richmond. Volumes in this series are designated by the month and year in which the session began., Dec. 1802 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5513], p. 10).

   On 11 Dec. George Hay was elected to the Council of State, replacing John Pendleton, who had been auditor of public accounts before his election to the Council of State in 1796. William Brockenbrough, the representative for Essex County, replaced John W. White, who had represented Bath County in the General Assembly before being elected to the council in 1798. Philip Grymes, the representative for Rockingham County, was chosen to replace former governor James Wood on the council (ibid., p. 10; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 7:75 n. 12; CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 8:391, 534; Cynthia Miller Leonard, The General Assembly of Virginia, July 30, 1619–January 11, 1978: A Bicentennial Register of Members [Richmond, 1978], pp. 211, 229, 237).


Title: To James Madison from William Eaton, 13 December 1802 (Abstract)
From: Eaton, William
To: Madison, James

13 December 1802, Tunis. [The body of the dispatch is nearly identical to Eaton to JM, 13 Dec. 1801.] Adds in a postscript, “N. B. Inclosures A. B. & C. need no explanation.”

   RC and enclosures (DNA: RG 59, Tunis, vol. 2, pt. 1). RC 8 pp. Docketed by Wagner. For enclosures, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:313–14.

   Enclosures are Eaton’s 29 Nov. 1802 letter to Robert R. Livingston (2 pp.) in which Eaton said he enclosed a copy of O’Brien’s 23 Nov. dispatch to JM marked “A” (see O’Brien to JM, 23 Nov. 1802, n.) and a copy of a 24 Nov. letter from O’Brien to Eaton marked “B” (1 p.), in which O’Brien asked Eaton to distribute copies of the 23 Nov. dispatch to American naval captains and to send the original to Livingston for forwarding, adding, “This British Brig is 14 days from London, brings the tops of the Mediterranean Passports, which John Bull has changed agreeable to the request of the Potent Dey.” In his letter to Livingston, Eaton went on to discuss the dey’s recent retraction of the agreement Eaton said the dey had made with O’Brien the year before to receive cash in lieu of stores for the annual annuity and his refusal to accept Cathcart as consul. “It is impossible to conjecture,” Eaton commented, “how long the Gov. of the UStates will yield to these piratical chiefs the prerogative of dictating terms.” He complained that the present system bound the U.S. to “unlimited sacrifices and unsupportable abasement” and asked, “is it not high time to correct it?” Filed with the dispatch is a 7 Dec. 1802 letter (2 pp.; in French) from Imbert & Chataud of Marseilles concerning the capture of the Franklin.


Title: To James Madison from Thomas Webber, 14 December 1802 (Abstract)
From: Webber, Thomas
To: Madison, James

14 December 1802, New Bern. Has received his commission as bankruptcy commissioner for the district and must decline as he expects to be absent from North Carolina “a great part of the ensuing Year.”

   RC (DNA: RG 59, LRD, 1789–1827, filed under “Webber”). 1 p. Docketed by Jefferson.


Title: To James Madison from Louis-André Pichon, 15 December 1802
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Georgetown. 24. frimaire an 11. (15. Décembre 1802.)
J’ai reçu le 11 de ce mois la lettre que vous m’avez fait l’honneur de m’ecrire le 2. du dit mois en réponse à celles que je vous adressai il y a plusieurs mois sur les réclamations de feu Mr. de Beaumarchais & de Mr. de Rayneval. J’ai reçu le même jour, Monsieur, vôtre lettre du 9. rélative a la corvette française le Cassius.
D’après ce que vous me faites l’honneur de me communiquer, Monsieur, sur l’etat de cette dernière affaire, je vois qu’elle est terminée, et j’en rendrai compte au Gouvernement qui S’y trouvait directement interessé.
Quant aux affaires particulières dont il est question dans vôtre lettre du 2, Monsieur, je transmettrai aux parties les renseignemens quelle contient. Ceux que vous voulez bien me donner sur la réclamation de Mr. de Rayneval paraissent l’ecarter sans retour. Quant à celle des héritiers de Mr. de Beaumarchais, je prendrai Seulement la liberté de remarquer que les raisonnemens et les faits produits par Mr. Le Secrétaire de la Trésorerie ne paraissent pas établir de nouvelles preuves contre cette réclamation, & qu’ils portent entièrement Sur les présomptions opposées depuis dix ans aux comptes réglés et reconnus de Mr. Beaumarchais. Mr. Le secrétaire de la Trésorerie répéte plusieurs fois que celui ci a reçu une Somme d’un million pour le compte des Etats-Unis Sauv que rien paraisse justifier cette qualification sur la quelle roule—réellement toute la discussion.
Au Surplus, Monsieur, je ne fait cette observation que pour remplir le devoir que m’a imposé la lettre du Ministre des Relations Extérieures et pour prévenir les inductions qu’on pourrait tirer du Silence. Dans l’etat où est l’affaire je ne puis que la référer au Ministre avec la réponse que vous avez bien voulu me faire parvenir. Agréez, Monsieur, l’assurance de mon respect.
L. A. Pichon

Condensed Translation
Acknowledges receipt on 11 Dec. of JM’s letter of 2 Dec. about the claims of Beaumarchais and Rayneval, and the letter of 9 Dec. regarding the Cassius. As the latter case is ended, Pichon will inform his government. Will transmit the information contained in JM’s 2 Dec. letter to the interested parties. Rayneval’s claim seems to be set aside without reversion. Pichon remarks that Gallatin’s facts and reasoning do not establish new proofs against Beaumarchais’s claim and rely entirely on presumptions opposed ten years ago. Nothing seems to justify Gallatin’s claim that Beaumarchais received the one million on behalf of the U.S. Makes this observation to fulfill the duty imposed on him by Talleyrand and to anticipate any inferences that might be drawn from silence. Will refer the case and JM’s reply to Talleyrand.

   RC (DNA: RG 59, NFL, France, vol. 1).


Title: From James Madison to John Milledge, 15 December 1802 (Abstract)
From: Madison, James
To: Milledge, John

15 December 1802, Department of State. Encloses a copy of a 10 Nov. letter sent to him by the acting consul at Havana. “As the traffic therein alluded to may produce a contravention of the laws of your State, I have thought it might be useful to furnish you with the information it contains.”

   RC and enclosure (MnHi: Allyn K. Ford Collection); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p. In a clerk’s hand, signed by JM. Letterbook copy is headed, “Circular to the Governors of Georgia & South Carolina.” For enclosure, see Vincent Gray to JM, 10 Nov. 1802, and n.


Title: To James Madison from William E. Hũlings, 15 December 1802 (Abstract)
From: Hũlings, William E.
To: Madison, James

15 December 1802, New Orleans. “By means of a friend I have Obtained the inclosed copy of the Order for the delivery of this Province to the French Republic. … The Port, and the American Deposit remain as when I last addressd you under date 25th. Novr.”

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC 1 p. Marked “Duplicate.” Docketed by Wagner as received 9 Mar. For enclosure, see n. 1.

   Enclosed is a 30 July order (1 p.; in Spanish), from Miguel Cayetano Soler to Morales, informing him of a 15 July message from Cevallos that the king had determined to transfer Louisiana to France with the extent that it then had and according to that which France held when the province was ceded to Spain. Morales was ordered to make preparations to transfer the province to the authorized French representatives when they arrived. He was also notified that any troops of the permanent or temporary garrison who wished to remain under Spanish rule were to be allowed to pass to Havana following the transfer.

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


Title: To James Madison from William Kirkpatrick, 15 December 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

15 December 1802, Málaga. Last wrote on 14 Nov. “I now enclose a duplicate thereof, and reply to the Letter transmitted me by Danl Brent Esqr. in your Absence dated Washington 26 August by assuring you, that the Instructions therein contained shall serve as a Guide for my Conduct in regard to … distressed seamen.” Observes that twelve cents daily allowance “will procure a very scanty fare for any One in this Place.” Reports that Captain Barron arrived in the New York on 17 Nov. to obtain water and make necessary repairs but the governor objected to the ship’s entry. Barron left on 18 Nov. for Algiers, planning to stop at Cartagena or Mahón should winds be contrary. Presumes Barron reached his destination. On the evening of 18 Nov. the Constellation arrived in distress, having sprung its foremast en route from Toulon. In view of its condition, Kirkpatrick was able to procure permission for the ship to enter the mole. To forestall any other refusals from the governor, both Kirkpatrick and Captain Murray have written to the chargé d’affaires at Madrid to obtain a general permission from the Spanish ministry for all U.S. frigates to enter the mole since “in the Bay they are much exposed in the Winter Season.” The Enterprize and John Adams have since called in. The former left on 26 Nov. carrying dispatches and in search of Morris, and the latter went to Gibraltar for provisions, returning on 10 Dec. “I have been exceedingly mortified to learn from Capt Murray, that all our Frigates actually in the Mediterranean, except Two, are ordered Home. It proves the more distressing at this moment When even a greater force would be requisite for the Protection of our Trade, in Consequence of Sweden, having made Peace with Tripoly, and … the Bashaw of Tunis, has made fresh demands, notwithstanding the very handsome Present that was lately made him.” Suggests that the Barbary powers are so undependable that “a Considerable force should … be Constantly Kept in these Seas to prevent depredations on our Trade, which of late has been very extensive, if not it must gradually decrease, and fall into other Hands.”
The enclosed copy of a letter from O’Brien received on 11 Dec. describes the pasha’s recent efforts to send out cruisers. Suspects these may be the corsairs mentioned in the enclosed 29 Nov. letter from Gorman at Almería. “If so, I fear some of our Merchant Vessels may fall a Victim.” Captain Murray, who is returning to America according to orders, “tho’ contrary to his own Opinion,” has agreed to Kirkpatrick’s request that he convoy four American vessels from Malaga to Gibraltar. “Repairs of the John Adams being compleated, Capt Rodgers has proceeded this morning for Malta, proposing on his Passage up, to give a call in at Almeria, to endeavor to find out Whether they are really Tripolines, or not.” Has written to Almería and to Velez “to Collect every possible Information regarding them, and so soon as any thing new transpires” will inform JM. “The Batavian Squadron formerly advised you to have sailed from hence, continues still in the Mediterranean, as well as the Swedish Admiral Cederstrom With Four Frigates.” The order requiring all ships from the U.S. to “perform a rigorous Quarantine” has not been lifted. Has not had an opportunity to protest as no ships from the U.S. have arrived. “I fear it will remain in force till the Spanish Consul at Philadelphia writes that the Yellow Fever has entirely Subsided.”

   RC and enclosures (DNA: RG 59, CD, Malaga, vol. 1). RC 4 pp. 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)., 2:333–34. For enclosures, see nn. 2 and 3.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:490 and n. 5.

   Kirkpatrick enclosed a copy of O’Brien’s 15 Oct. 1802 circular (1 p.), stating that Captain Morris and his crew had arrived from Tripoli on 6 Oct., that the Danes, Swedes, and Batavians had made peace with Tripoli, that no U.S. ships were off Tripoli, and that six Tripolitan ships were already at sea with four more in preparation. O’Brien suggested that “if they meet a Levant wind” the Tripolitans would push out into the Atlantic where there were no convoys, and he warned all Americans against the dangers they would run in encountering the corsairs.

   Thomas Gorman’s 29 Nov. 1802 letter (1 p.; docketed by Wagner as received in Kirkpatrick’s 23 Dec. dispatch) informed Kirkpatrick that an express had just arrived from the coast of Vera informing the governor that five large xebecs “under Moorish Colours” were cruising off the coast and working their way west and that a frigate and brig had also been seen off the bay. Gorman added that a Portuguese frigate in Almería had moved closer to shore and that the sea batteries were loaded with round shot to aid the Portuguese in case of an attack (extract printed in the National Intelligencer, 18 Feb. 1803).

   See Kirkpatrick to JM, 10 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:472).

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


Title: To James Madison from James Simpson, 15 December 1802 (Abstract)
From: Simpson, James
To: Madison, James

15 December 1802, Tangier. No. 52. “The fund alluded to in the Letter you honour’d me with 21st. October being no longer within my reach, it has become necessary for me to draw Bills on you for Two thousand dollars for the Contingent expences of this Consulate, as will be more fully explained in my general Letter.” The bills, “for conveniency in passing,” are drawn in two sets of $1,000 dated 15 and 16 Dec., payable at thirty days’ sight to John Gavino. Asks JM to direct payment.

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

   On 20 Apr. 1803 JM asked Gallatin to issue a warrant for the sum to James Keith, holder of the bills (DNA: RG 59, DL, vol. 14; 1 p.).

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


Title: From James Madison to Rufus King, 16 December 1802
From: Madison, James
To: King, Rufus

Sir,
Washington, Department of State, December 16. 1802.
Having in a private letter under Cover of one to Mr Low, of New York, communicated the result of yours on the subject of your return to the United States in a national ship, and having had nothing to add to my last several letters on other subjects, I have thus long delayed an Official answer to your letters numbered from 64 to 75, inclusive. I now acknowledge the receipt of them, and inclose the permission which you ask, to return to the United States. Your Successor is not yet named.
The satisfaction which the President has derived from the manner in which you have pursued the several objects committed to you, and which I am authorised to repeat to you on this occasion, makes him the more regret that the particular accommodation, wished for the repassage of your family, could not be afforded. Considering the actual situation and calls for the public vessels not laid up, the only Chance of such an arrangement lay in the returns from the Mediterranean, and that Chance is frustrated by the Quarantine regulations in Great Britain to which vessels from that quarter are subjected.
By the Communications, of the 6th day of October, received from Mr Gore it appears that the proposition for adjusting the boundary in the North West Corner of the United States is not relished by the British Government. The proposition was considered by the President as a liberal one; inasmuch as the more obvious remedy for the error of the Treaty would have been, by a line running due North from the most Northern source of the Mississippi, and intersecting the line running due West from the Lake of the Woods; and inasmuch as the branch heading nearest the Lake of the Woods may not be the longest or most navigable one, and may consequently favor the wish of the British Government to have access to the latter. The proposition for these reasons would not have been made, but from a desire to take advantage of the present friendly dispositions of the parties for the purpose of closing all questions of boundary between them. As it is not probable however that the settlement of this particular boundary will for some time be material, and as the adjustment proposed is not viewed by the British Government in the same light as by the President, it is thought proper that it should not for the present be pursued; and that the other questions of boundary should be adjusted with as little delay as possible. In the mean time, further information with respect to the head waters of the Mississippi, and the Country connected with them, may be sought by both parties; it being understood that the United States will be as free to be guided by the result of such enquiries in any future negociation, as if the proposition above referred to had never been made by them. Should it be most agreeable to the British Government to have an early survey instituted with a view to a proper boundary, in this case, the President authorises you to concur in such an arrangement.
Monday the 6th Inst. was the day for the meeting of Congress, A Quorum of the Senate was not made ’till Monday last. The Message of the President was sent yesterday. A Copy of it is inclosed. With great Respect and esteem I have the Honor to be, sir, Your Very Obed servant,
James Madison

   RC (CtY); letterbook copy (DNA: RG 59, IM, vol. 6); partial Tr (DLC: Monroe Papers). RC in a clerk’s hand, signed by JM. Docketed, “with Letter of Recall / recd. 10 feb./ Boundary of Northwest.” Partial Tr, which consists of the third paragraph of the RC, was enclosed in JM to Monroe, 14 Feb. 1804 (DLC: Monroe Papers). Enclosures not found, but see n. 4.

   See JM to King, 9 Oct. 1802.

   King’s dispatch no. 64 is dated 3 May 1802; no. 75 is dated 10 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:182–83, 471–72).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:611–13.

   For Jefferson’s message to Congress, see Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:181–87.


Title: To James Madison from Albert Gallatin, 16 December 1802 (Abstract)
From: Gallatin, Albert
To: Madison, James

16 December 1802, Treasury Department. Encloses a copy of a letter from the district attorney of Massachusetts regarding the Windsor.

   RC and enclosure (DLC: Gallatin Papers). RC 1 p. In a clerk’s hand, signed by Gallatin. Docketed by Wagner. For enclosure, see n. 1.

   Gallatin enclosed a copy of George Blake’s 1 Dec. 1802 letter (4 pp.) suggesting that, in this “novel and singular” case, the government might possibly have been in violation of articles 24 and 25 of the Jay treaty, and the British claimant might even be able to sue Higginson & Company on the grounds that the sale was illegal and void.


Title: To James Madison from John Gavino, 16 December 1802 (Abstract)
From: Gavino, John
To: Madison, James

16 December 1802, Gibraltar. No. 106. Forwards dispatches just received via a British frigate from Malta, “where Mr: Cathcart was with Comodor Morris, from whom I have Letters to the 1st: Inst.” Has learned “by a Vessel just arrived from Mahon” that a U.S. frigate was there for repairs to a damaged mast. “They do not know her Name or the Capns: it can be no other than the New York.” Adds in a postscript that a 30 Nov. letter “just recd:” from a friend at Mahón states the New York arrived there 24 Nov. in four days from Algiers—“nothing new.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 1 p. Docketed by Wagner.

   For the damage to the New York, see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:325.

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


Title: To James Madison from Leven Powell, 16 December 1802 (Abstract)
From: Powell, Leven
To: Madison, James

16 December 1802, Middleburg, Loudoun County, Virginia. Had intended to deliver the enclosed papers [not found] in person “last week” but was prevented from going to Washington by business in Alexandria and Loudoun County. “The Serious sum which I have at Stake and its certain loss without the interferrence of Government will I hope be a Sufficient Apology for troubling you on the Occasion.” The enclosed papers fully explain the case, and he hopes it will “merit instructions” to Livingston. “The money depositted has either been used by that Government or still remains where it was placed, in either Case … the French Government should reimburse me for it has either had the use of the money or has it not to redeem. The Acceptances alluded to are now in Holland but could be had at any time, if however this Case should be thought worthy of Attention I suppose all that our Minister could do with the French Government would be to fix the principle, that being done I could have the business finished by an Agent.” Notes that he went to Philadelphia in 1796 to lay the case before Congress but “was advised by Gentlemen there to decline doing any thing in the matter untill a general peace should take place when they beleived that the French Government would make such Arrangements as would enable all those of a friendly Nation who had suffered by its measures to obtain Justice.” Mentions that he left a short statement with Pickering in 1800 but has “never understood whether any thing was done with it.”

   RC (DNA: RG 76, French Spoliations, 1791–1829); draft (ViW). RC 1 p. Docketed by Wagner.

   Revolutionary War veteran and Federalist Leven Powell (1737–1810) represented Loudoun County in the Virginia House of Delegates several times and served in the Sixth Congress from 1799 to 1801 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 12:345 n. 3).

   For Powell’s claim, see JM to Livingston, 12 Apr. 1803.


Title: To James Madison from Anthony Terry, 16 December 1802 (Abstract)
From: Terry, Anthony
To: Madison, James

16 December 1802, Cádiz. Notes that Yznardy, who is now at Madrid, wrote to JM on “the 12th ultimo.” “By his orders I have to inform you that in consequence of the repeated information given by the spanish Consul General at Philadelphia to the spanish Court; orders are come down to all the Ports … ‘That any Vessels coming from the Port of Philada. are not to be admitted to Prat-tic, but order’d out immediately from the Spanish Ports [and] That Vessels coming from any other Port in the United States are to be Subject to a full Quarantn. of Forty Days.’” Reports that he applied immediately to the governor of the city; encloses copies of the correspondence on this subject. Two American ships which arrived from New Castle were ordered out after taking on provisions. Adds in a postscript that he encloses the register [not found] of the Mohawk, which was sold at Cádiz.

   RC and enclosures (DNA: RG 59, CD, Cádiz, vol. 1). RC 2 pp. In a clerk’s hand, signed by Terry. For surviving enclosures, see n. 2.

   Terry may have been referring to Yznardy’s 12 Oct. 1802 letter to JM.

   Terry enclosed copies (3 pp.; in Spanish) of his 4 and 15 Nov. and 2 and 14 Dec. 1802 letters to Tomás Morla, president of the board of health, requesting clarification of the board’s policy toward American ships in quarantine, and Morla’s 6 Nov. 1802 reply stating that the quarantine would be strictly enforced.

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


Title: To James Madison from Turell Tufts, 16 December 1802 (Abstract)
From: Tufts, Turell
To: Madison, James

16 December 1802, Paramaribo. Has received a letter from American consul Gardner at Demerara stating that he had heard Tufts was dead and had reported it as fact to the State Department. “So much folly is not often exhibited. Public Agents more than any other people, should ascertain reports before they circulate them.” While he was visiting some plantations to recover his health, a squadron commanded by Commodore Blois arrived from Holland “with powers to accept the restoration of the Colony” under the Treaty of Amiens. The transfer was completed on 2 Dec. “The English troops embarked the same day.… Governor Friderici was suspended by proclamation of the Provisional Government, consisting of the Commodore and the two oldest Councillors.” Commissioners empowered to regulate colonial affairs “are daily expected.” In the meantime the colony is under “Antient Laws” with the same “manner & rates” of revenue collection as before. “Merchandize is admitted from foreign Vessells according to the want or policy of the moment.” Believes nothing from American ships has been denied admittance. Sugar and molasses are permitted to be exported, but not cotton, coffee, or cocoa. Was too unwell to appear before the government until “yesterday, the 14th Decr.,” when he congratulated them by letter on the return of peace and the restoration of the colony. He also asked about the disposition of American commerce. Was received “with much politeness and respect” and had no difficulty with his commission. Should he receive a reply to his letter he will send copies of both. Reports that there is much rejoicing at the departure of the British, who “left us with much Chagrine.” The mail boat has arrived with a report that a ship sent from Barbados to recall the [British] orders to deliver the colony met the departing fleet at sea and returned to Barbados. “Had such orders been recd. here in season the consequences would have been unhappy.” An American vessel “commanded by one De Lance, and owned in Charlestown So. C.—arrived here with Slaves from Africa.” The ship was seized by the British and sent with the captain to Antigua “as a prize to be libelled before the Admiralty there.” Has just received information that no lawyer would take the case since U.S. laws could not be used in British courts against American vessels. News has arrived from Boston that the report of his death was circulated there and so far believed that none of his friends wrote him but were instead preparing powers to be sent for settlement of his affairs. “This is vexatious.”

   RC (DNA: RG 59, CD, Paramaribo, vol. 1). 4 pp. Docketed by Wagner.

   No such letter to JM has been found.

   On 1 Nov. 1802 the Boston Gazette reported receipt of a 27 Sept. letter from Demerara carrying the news of Tufts’s death. The report was corrected on 23 Nov. (Philadelphia Gazette, 29 Nov. 1802).

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


Title: From James Madison to William Jarvis, 17 December 1802
From: Madison, James
To: Jarvis, William

Sir,
Department of State Washington 17 December 1802
I have received your several letters of 3d. 10 14 22 Augt. 6. 11. 22 Septr. 1 & 12 October last.
The assurances you gave the Minister of Foreign Affairs at your interview, being such as are warranted by our friendly intercourse with Portugal and peculiarly proper to be made on the occasion, are entirely approved. From the civility shewn on your reception it is anticipated that your future communications will be attended to in the same spirit. I observe however that you have already experienced the truth that the business of Government is not transacted with the celerity which is expected in the concerns of individuals and of which the latter are perhaps more susceptible. In relation to an event of so much importance to this Country as the interdiction of our flour, it was natural for you to feel anxiety and impatience for an answer to your memorial before you received it: but as a complaint of delay implies a censure, it is not often favourably listened to. It will therefore generally be most prudent to err on the side of patience. That memorial contains a variety of topics which for the most part are well selected and arranged, and it is to be regretted that it has not produced an effect, which might comport with the interests of our commerce. Unless a favourable opportunity should present itself for delicately retouching the subject in conversation or in connection with some other public representation which events may require, it must remain for some future order.
It is not intended that the Agents or Consuls of the United States should incur any expense for lawyers or otherwise in the support of individual claims depending before foreign governments or their Tribunals. The utmost that individuals can expect in such cases is the countenance and support of which they may avail themselves from the official weight and the experience of the public functionaries abroad.
In the Month of October last, the Intendant of Louisiana issued a proclamation, by which he has closed the port of New Orleans to all but Spanish vessels and inhibited the deposit of american produce at that place, which is stipulated by the Treaty with Spain. We have reason to believe that this measure has been taken without the concurrence of his superiors, and we hope that he will abandon it on cooler reflection and the interpositions which have taken place. Should the prohibition remain for any length of time it will greatly affect the interests of the Western Country; it has already excited considerable inquietude there, particularly in Kentucky.
I inclose you a copy of the President’s communication to Congress at the opening of the Session, and have the honor to be, Sir, very respectfully your Most Obt Sert.
James Madison

   RC (The Ella Strong Denison Library of The Libraries of the Claremont Colleges); letterbook copy (DNA: RG 59, IC, vol. 1). RC in a clerk’s hand, signed by JM. Docketed by Jarvis. Enclosure not found, but see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:451–52, 470–71, 482–83, 508–9, 554, 568–69, 596–97, 607.

   See JM to Rufus King, 16 Dec. 1802, n. 4.


Title: From James Madison to Robert R. Livingston, [17] December 1802
From: Madison, James
To: Livingston, Robert R.

private
Dear Sir
Washington Decr. 16. [17] 1802
I am induced by the very favorable information given me of the promising merits of Mr. Cabell, the young gentleman who will hand you this, to ask the favor of your friendly attentions to him. He visits France I understand partly on account of his health, but with a laudable view also to the advantage of his mind. On the supposition that he will proceed with little delay from Bourdeaux the port for which he will sail, to Paris, I shall make him the Bearer of some of the late newspapers. The one of this morning containing the message of the President is inclosed. The date of it will suggest that Congress can not have entered as yet into the business of the Session. I inclose also a late proceeding of the Legislature of Kentucky, occasioned by the breach of the Treaty with Spain by the Intendant at N. Orleans, in an article which is connected with the strongest feelings of the Western Country. The assurances of Mr. Yrujo with other evidence, make it pretty certain that the measure of the Intendant was not warranted by orders from his Government, and it is hoped that the interpositions for correcting it will succeed before much injury will have ensued. The excitement however which it has produced ought to admonish the Holders whoever they may be, of the Mouth of the Mississippi, that justice, ample justice to the Western Citizens of the U. States, is the only tenure of peace with this Country. There are now or in two years will be, not less than 200,000 Militia on the waters of the Mississpi., every man of whom would march at a Minutes warning to remove obstructions from that outlet to the Sea, every man of whom regards the free use of that river as a natural & indefeasable right, and is conscious of the physical force that can at any time give effect to it. This consideration ought not to be overlooked by France, and would be alone sufficient, if allowed its due weight, to cure the phrensy which covets Louisiana. Other considerations however seem likely to co-operate for the same purpose. According to the latest accts. from St Domingo & her other W. I. Islands, they must be lost to her without large & speedy reinforcements. And if the indications which cross the Atlantic are just, a renewal of the war in Europe is not an improbable event, and will be the more critical to the Chief Consul, as he has at once provoked it by his external measures, and made no provision for it by measures of credit or œconomy at home. We are anxious to learn how far the project of Louisiana may be shaken by any of these or other causes, as well as the decision on the favorable report made to the French Government on the subject of American claims of every sort. Untill some thing further is known on these points, there is nothing to be added to the Official explanations which I have already from time to time transmitted.
The elections for the next Congress are over in most of the States. The tide of republicanism has run stronger than was anticipated, and shews the more fully the spirit of the Community as it has been resisted by the most impetuous efforts of the minority, and particularly by every species of Newspaper artifice in a spirit & stile without example.
The Convention with Spain on the subject of spoliations is now before the Senate. I have not learnt the impression with which it is received. You have known without doubt from Mr. King himself his purpose of coming home in the Spring. The President has not yet fixed on his successor. Accept Dr. Sir assurances of the friendly sentiments & high esteem with which I remain Yrs.
James Madison

   RC (PHC). Date corrected on the basis of internal evidence and by comparison with John Breckinridge to JM, 17 Dec. 1802. Docketed by Livingston. Enclosure not found, but see n. 2.

   Joseph Carrington Cabell (1778–1856) was educated at the College of William and Mary and graduated in 1798. He traveled in Europe from 1802 to 1806. He served in both houses of the Virginia General Assembly and from 1819 to 1856 was a visitor and twice rector of the University of Virginia (Elizabeth Langhorne et al., A Virginia Family and Its Plantation Houses [Charlottesville, Va., 1987], pp. 104–5).

   See Robert Johnson to JM, 5 Dec. 1802, and n. 2.

   See Yrujo to JM, 27 Nov. 1802.

   Although the original signed copy of the convention was received at the State Department on 24 Nov. 1802, no evidence has been found that it was sent to the Senate before Jefferson’s formal submission on 11 Jan. 1803 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:495; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:475).


Title: To James Madison from John Breckinridge, 17 December 1802
From: Breckinridge, John
To: Madison, James

Dear sir
Senate Chamber Friday Morning 17th. Decr. 1802
I recd. the inclosed letter this Morning. The Young Gentl. who writes it, is the Son of Colo. Nichs. Cabell of Amherst, & wishes to visit France, partly on account of his Health, & partly for his improvement. He is a young man of most unblemished Character, & a well informed excellent Mind.
He would be greatly flattered by a line from you to Mr. Livingston, or to any other person whatever, either in Paris or Bordeaux; to which latter place he is first distined [sic]. Having known this young Man from his infancy & being so thoroughly impressed with his prudence & worth, I cannot hesitate in giving him the strongest recommendation. Wishing to write to him to-morrow, I would have waited on you to day; but have on me the remains of a bad cold. I will send to you early in the morning for an ansr. Yours respectfully
John Breckinridge

   RC (DNA: RG 76, French Spoliations, 1791–1829). Docketed by JM. Enclosure not found.

   Nicholas Cabell (1750–1803) represented Amherst County in the Virginia General Assembly between 1779 and 1801 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 11:445 n. 2).


Title: To James Madison from James Monroe, 17 December 1802
From: Monroe, James
To: Madison, James

Dear Sir
Richmond Decr. 17. 1802
The enclosed letter is from Captn. De Butts in whose vessel, and under whose command I sailed to France. I have known him since that time and believe him to be a very honest deserving man. This letter exhibits such a picture of unmerited misfortune & distress as is calculated to excite the simpathy of every benevolent mind. I send it to you to request you will be so kind as look into the affair & do what you can to promote justice. If the statment is true as I verily believe it to be from my knowledg⟨e⟩ of him, and any thing can be done, I am satisfied it will give you pleasure to interest yrself in favor of those who so highly deserve it. With great regard sincerely yours
Jas. Monroe

   RC (InU: Lafayette Manuscripts).

   The enclosed letter from Elias De Butts has not been found, but it may have been the 24 Nov. 1802 letter from De Butts calendared as a three-page letter to JM in the lists probably made by Peter Force (DLC, series 7, container 2). The letter was possibly in reference to the case of the schooner Sally, which was seized in the Patuxent River on 17 Nov. 1801 on suspicion of its being engaged in the slave trade. De Butts was captain of the vessel (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Commerce and Navigation, 1:726–27).


Title: To James Madison from John Gavino, 18 December 1802 (Abstract)
From: Gavino, John
To: Madison, James

18 December 1802, Gibraltar. No. 107. “I have the honor of Confirming my last Respects No. 105 [not found] & 106 [16 Dec. 1802] ⅌ this Conveyance who having returnd to Port by Contrary winds I now inclose you Copy of a Circular Letter received from Consul OBrion of Algier dated 15: October last.”

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. Docketed by Wagner. Gavino enclosed a copy (1 p.; docketed by Wagner) of O’Brien’s 15 Oct. 1802 circular (see Kirkpatrick to JM, 15 Dec. 1802, and n. 2).

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


Title: To James Madison from Rufus King, 18 December 1802 (Abstract)
From: King, Rufus
To: Madison, James

18 December 1802, London. No. 77. The language and measures of the British ministry during October produced “no beneficial effect” upon the French government. “The temper then manifested, had it been persisted in, would have involved the Nation in a new War. But the tone was soon lowered: the orders supposed to have been given to retain certain Possessions … have been recalled, and with the exception of Malta, concerning which farther negotiations are said to be requisite to give effect to former Stipulations, every thing will be delivered up according to the provisions of the Treaty of Peace. The Discourses of the Ministers, together with all that has transpired in the Debates of Parliament manifest the pacific wishes of the Nation, and France in regard to this Country continues to be As exclusively the Arbiter of Peace, as she was of the Continuance of War. The Augmentation of the Land and Naval forces of Great Britain will not regain her influence upon the Continent; and the measure has probably been adopted to Secure the Dominion of Ireland which recent information proves to be as extensively disaffected as at any period of the War, rather than to promote the object referred to in my last Despatch.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp. Marked “(Duplicate).” In a clerk’s hand. Printed in King, Life and Correspondence of Rufus King, 4:191. King’s 29 Dec. 1802 dispatch is docketed by Wagner as received with this dispatch on 5 Mar.

   See Gore to JM, 20 Oct. 1802, and n. 1, and King to JM, 26 Nov. 1802.


Title: To James Madison from Colin and James Ross, 19 December 1802
From: Ross, Colin,Ross, James
To: Madison, James

Sir,
Fredg. 19th. Decr 1802
We have received your favor of the 11th. currt. and shall to day write to Richmond respecting the Hhd. Tobo. your Overseer says is down and which our friend did not take of the books.
Not being able to get a Craft to Come fm. Richmond to Tappk. we order’d your Tobacco to Norfolk and hope it is ’ere now on board ship for London. We expect Mr Macon to be in Town soon & shall make him the advance whenever he wants money. You have above 16 Hhds Tobo. inspected at Roystons Warehe but as our river is froze over did not call for the Hhd you mention & which the inspectors says will be deliver’d when we want it.
Our last letters from London was dated 15th. Octr. Tobo. of good quality was in demand and at good prices.
It was rumor’d that a rupture between France & England was not improbable if this shoud unfortunately be the case, not only Wheat Flour & Corn but Tobacco must advance in price and if peace continues the latter article cannot be lower. It does not answer to ship new Tobo. untill the Spring & even if our river was open wou’d advise your not shippg. untill the Month of Apl. or May for when sent off quite new it never apers to advantage at a foreign Market.
We will ship your Tobo. & make the same advance; for have hitherto found very little diffr. in the prices we get for good Rapph. and what we get for our shipments from James River. Shou’d you wish to sell the Tobacco instead of shipping we shou’d be glad to know your price and if of the quality you describe have no doubt of our agreeing. With much respect We remain Sir Your Mo Obt Servts.
Colin & James Ross

   RC (DLC). Docketed by JM.

   Letter not found.

   Tappahannock.

   This was Thomas Macon, husband of JM’s sister Sarah.

   Royston’s Warehouse was one of two officially appointed tobacco inspection warehouses in Spotsylvania County, the other being located at Fredericksburg (Hening, Statutes at Large of Virginia, 9:153–54).

   Rappahannock.


Title: To James Madison from William Keais, 19 December 1802
From: Keais, William
To: Madison, James

Letter not found. 19 December 1802, Washington, North Carolina. Acknowledged in Brent to Keais, 4 Jan. 1803 (DNA: RG 59, DL, vol. 14), as an inquiry regarding the shipment of a box of U.S. laws to the governor of North Carolina. Brent replied that JM recommended “the speediest Course” of sending it “on the best terms that you can [get] it carried, at the expense of this Department.”


Title: To James Madison from Charles Pinckney, 20 December 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
December 20: 1802 In Rome
I had the pleasure of Writing you from Leghorn announcing to you my arrival in Italy. Since this I have been in Florence & Pisa & am now in Rome. Knowing your sincere friendship for me I venture again to inclose you a letter I have Written to my Daughter sketching my Tour thus far, & I send it to You, Open, requesting you when You have read it to seal the letter it is in directed to my friends Mr Doyley & Mr Freneau & to have it put in the Post for Charleston. Recollect this letter is not intended, or is it such a one as I should probably write to a philosopher or a statesman. It is Written for a little girl of 11 or 12 whom I love very much & for the female friends about her, but believing that it was possible You might not be altogether unentertained by see[i]ng a sketch of my movements so far, I ventured to send them to you for your perusal & should you suppose it will be agreeable to the President to read them also I will thank you to shew them to him, under the same conditions as I send them to you—that is Written not for the supreme Executive of a great country but a little girl & her female friends with whom she lives. You will please, put her letter open in the one to Mr: Doyley & Freneau & seal their’s with a Wafer & some Wax.
I found the Consul for Rome was gone to America & his father who acts speaks only Italian. From him & the Consuls at Leghorn & Naples I shall obtain all the assistance in their power in enabling me to furnish you with the commercial intelligence I wish from this country. Grain at present is astonishingly high & the millions of poor with which Italy abounds are in the greatest want. All the Crops here & in Sicily are lost & Grain must be high. Malta is still posessed by the British & the Indemnities are not arranged. All Europe keeps armed & arming & from the great court paid to Russia she is said in fact to hold the balance in her hands. If I find a frigate or some good Vessel going from Naples down the Mediterranean, I am hopeful to be in Spain in January & by the time the King gets back to Madrid. Please present me affectionately & very respectfully to the President & our friends at Washington & believe me Dear Sir With affectionate respect & esteem Yours Truly
Charles Pinckney

   RC (DLC).

   Pinckney to JM, 28 Nov. 1802.

   John Baptiste Sartori had left his father, Charles, in charge of the consulate (Sartori to JM, 25 Dec. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:340 and n. 1).


Title: To James Madison from Peder Blicherolsen, 20 December 1802 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

20 December 1802, Washington. Presents his respects and encloses a power [not found] as Danish vice-consul for Virginia for Francis Taylor, for which he requests an exequatur.

   RC (DNA: RG 59, NFL, Denmark, vol. 1). 1 p. The appointee was probably JM’s relative Francis Stubbs Taylor (CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 9:369; PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:47 n. 3).


Title: To James Madison from William Eaton, 20 December 1802 (Abstract)
From: Eaton, William
To: Madison, James

20 December 1802, Tunis. Nothing material has occurred since his 14 Nov. letter. “But the changeable aspect of affairs in Europe forebode changes here, as elsewhere, not wholly indifferent to the United States. The treaty of Amiens, like a cancer in the breast, preys on the vital sources of Great Britain: if she collect fortitude to bear the torture it will only serve to heighten the horrors of the abys to which she sees herself descending with a lingering, reluctant, but certain step. She seems … to be resolved once more to apply sovereign remedies.” Reinforcements and fresh supplies have been passing en route to Egypt. The British still hold Malta. The Neapolitan troops destined to garrison Malta are returning home, and “a british squadron of eighteen sail of the line” is at Cagliari. These movements, which undoubtedly correspond with movements in other quarters, are consonant with the king’s speech to Parliament and the answering address and “announce the almost certain probability of a recommencement of hostilities in Europe.” Russia may ally itself with Great Britain as a means of fulfilling its goal of seizing the shaky Ottoman Empire, which “the French dictator” seems to be propping up until he can benefit from its fall. War will divert the attention of the great powers from the regencies “except as one or the other should have occasion of them as instruments,” which will leave them “to pursue their system of rapine against the smaller christian nations.” The U.S. seems to be singled out as their object, as a sketch of the actual relations between the regencies and the U.S. will prove “beyond a doubt.” The pasha of Tripoli has subdued or reduced to his own terms all his other enemies and exacts the same conditions from the U.S. The bey of Tunis, “though having received and acknowledged himself contented with the peace stipulations,” now demands a thirty-six-gun frigate “as proof of equal regard the President has for him and the Dey of Algiers.” The dey refuses to receive the U.S. consul, rejects cash commutation, demands 1,000 quintals of powder and extra regalia, and insists that the annual munitions now in arrears be delivered in three months from the date of the demand. The bey’s minister insists on a double-barreled, gold-mounted fowling piece and the bulls, cows, and oxen demanded in 1801. “Impossible concessions! But such as cannot be resisted except by force. My means and my resources of resistance are totally exhausted at this place.” The operations of the U.S. squadron “this season” have done less than the last to aid his efforts. Only one frigate has been seen thus far on the enemy coast. “I can no longer talk of resistance and coercion without exciting a grimace of contempt and ridicule.” Is neither permitted nor inclined to discuss concessions, which renders his personal services there no longer useful. “Any body whose fidelity can be relied on, and who is capable of writing an intelligible letter, may be of equal service and less exposed. This regency view me with a jealous and suspicious eye. They say ‘The American Consul is an enemy to the Barbary interests’ (God forbid he should be a friend to them).” Has no reason to suppose the bey would consent to his departure in case of a rupture. Will consult with Morris and Cathcart when they arrive, and if they concur he will leave Tunis “by stratagem” and return to the U.S.
“The enclosed extracts are the outlines of a project for a reformed system of intercourse here submitted to the consideration of Mr. Smith, two years ago [not found], and his answer. Copies were forwarded to the government. The actual state of our affairs renders some such plan more necessary than at the period of that date. Whatever may be the decision of government on the subject, I cannot remain any longer in this employ. With an ardent zeal to defend the interest and support the dignity of my country I have sacrificed four years of active life, my whole property, and perhaps my public reputation also in this horrid state of exile from all rational felicity; than which the desert of Siberia or Botany Bay has more enjoyments; for there may at least be found a green tuft and a shade where the exile may repose himself without being exposed to the clanking of chains and the brandishing of a tagon from the hand of a merciless pirate. Is it but reasonable that some other citizen should take his tour here? … If I do not succeed in getting away without endangering our affairs, I pray the President will be pleased to send out an agent to replace me. I cannot serve another summer in this station!”

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 3 pp. Docketed by Wagner as received 18 Mar. Extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:335–36. Following the letterbook copy are three entries, dated 21, 22, and 25 Dec., concerning naval news, a conversation Eaton had with French commissary Devoize, an order of the dey’s affecting the Jewish burial ground, Barthés’s criticisms of U.S. naval maneuvers, and Eaton’s hope of obtaining an appointment to Constantinople. Minor differences between the RC and letterbook copy have not been noted. For surviving enclosures (docketed by Wagner as received in Eaton’s 20 Dec. dispatch), see nn. 4 and 6.

   Eaton was probably referring to his 12 Nov. 1802 letter to JM.

   See Rufus King to JM, 26 Nov. 1802, nn. 4 and 5.

   See Eaton to JM, 9 Oct. 1802, n. 1.

   For the dey’s demands, see O’Brien to JM, 23 Nov. 1802. Eaton enclosed a copy of O’Brien’s 15 Oct. 1802 circular (see William Kirkpatrick to JM, 15 Dec. 1802, n. 2), to which O’Brien added that the dey demanded to know the whereabouts of the annuity vessel and had written to Jefferson rejecting Cathcart as consul, and further, that the U.S. frigates would “make no great impression on Barbary.” He remarked sarcastically that two American officers had been killed and one wounded in duels on the European coast, “but, happily, no American blood has been shed on the coast of Barbary!!” Also enclosed is a copy of Eaton to O’Brien, 21 Nov. 1802 (4 pp.), stating that “the Jew directory” at Algiers was behind the dey’s refusal to accept Cathcart, agreeing with O’Brien’s assessment of the U.S. navy’s performance in the Mediterranean, and expressing the hope that it would improve.

   For the demands of Yusuf Sahib-at-Taba, see Eaton to JM, 10 Apr. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:82), and Eaton to JM, 22 Oct. 1802.

   Eaton enclosed an extract of a letter to him from William Loughton Smith, 11 June 1800 (1 p.), expressing pleasure at the changes Eaton proposed “for the regulation of our Consuls in the Regencies,” and suggesting that Eaton’s plan could be combined with his own which he had sent to the State Department. Eaton’s 18 July 1799 letter to Smith and Smith’s 1 July 1799 letter to Timothy Pickering suggested plans for revising the superintendence of American affairs in North Africa (DNA: RG 59, CD, Tunis, vol. 1).

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


Title: To James Madison from John M. Forbes, 20 December 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

20 December 1802, Hamburg. “My last Respects were under 5th. October, Since which no direct opportunity offering I have not thought it necessary to address you by the way of England.” The political state of Europe is still uncertain. The king’s speech and subsequent parliamentary debates are “the best materials for a Correct judgement” of the mutual dissatisfaction existing between Great Britain and France. “In England, it is rather on the expediency, than the existence of justifiable Causes of War, that opinions seem to be divided.” The French appear to be planning to alienate all Continental countries from Great Britain. “For this purpose, Russia, Prussia and Bavaria are Secured by every Sacrifice which Can aggrandize the power or flatter the Ambition of these Princes.” France is promoting revolution in Germany by “alternately flattering, menacing and humiliating the Chief of the Empire.” The rumors from Russia terminated in a change of ministry, and the czar ceded “a Concurrent legislative Voice” to the senate, which is expected to result in a change of politics. The fate of Switzerland will be settled at Paris; a deputation from the cantons has been convoked for this purpose, and the Helvetic government is reestablished by the French army. A plan for the German indemnities seems to be nearing completion. Will send JM a copy in French if the agreement is completed. It is rumored that the czar will guarantee the independence of Malta after modifications are made in the Treaty of Amiens. These changes are not yet known, but it is believed that “the want of the Emperor’s Guarantee was only the ostensible objection to the Surrender of those Islands.” It is rumored that a French plan to send 30,000 troops to India has alarmed Great Britain and caused an augmentation of British naval forces in the Mediterranean. “Strict vigilance and even force of Arms is to be employed against the execution of this plan. All is enveloped in impenetrable mystery and every one indulges in his own Conjectures,… but it is expected that the Spring of the year, will afford some better light on the probable event of Peace or War.” There are more reasons to believe in a continuation of peace than in a renewal of war. Acknowledges receipt on 5 Dec. of JM’s 26 Aug. circular authorizing a per diem allowance for destitute American sailors of only twelve cents per man. Has pointed out in earlier letters the inadequacy of such a sum for Hamburg. “It will Scarcely procure a Shelter from the Weather, without even the most Scanty and miserable food. I have fortunately prevailed on the Captains now here to take on board their Ships the few destitute Seamen that were here—but Should the number increase, Shall be obliged to resort to Charitable Contribution or defray their expences from my own private pocket (which I can ill afford).” Suggests taxing each vessel “10 or 12 Dollars” with funds to be deposited with consuls. Notes that article 12 of the U.S. treaty with Prussia dealing with “free neutral Commerce to be observed in time of War” was valid only until the end of the then existing war. Since all agree the current peace is not “Cordial” and cannot last long, the U.S. will decide on the expediency of revising the principle. Will be pleased to receive instructions should his assistance be deemed necessary or useful. Adds in a 21 Mar. 1803 postscript that the river being at last free of ice, he takes the opportunity to forward the semiannual report of entries and clearances of American ships from 1 July to 31 Dec. 1802 [not found].

   RC (DNA: RG 59, CD, Hamburg, vol. 1). 3 pp. Marked “Duplicate.” Docketed by Wagner as received 23 May.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:609–10.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5.

   Article 12 of the 1799 Treaty of Amity and Commerce between the U.S. and Prussia bound the contracting parties “to concert with the great maritime Powers of Europe, such arrangements, and such permanent principles as may serve to consolidate the liberty and the safety” of neutral navigation during future wars (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:441–42).

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


Title: To James Madison from Joseph Forman, 20 December 1802 (Abstract)
From: Forman, Joseph
To: Madison, James

20 December 1802, Baltimore. “The situation of my Family … added to the great derangements made in Commercial Matters by the Peace—renders my Return to Europe very injurious to them & my own affairs.” Resigns his consular position at Rotterdam to which he was appointed “some time since.” Recommends Lawson Alexander, who “has since my Departure been acting as Agent for the Consulate.” “He is a native Citizen of America & has given great satisfaction since his appointment.”

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

   Jefferson named Lawson Alexander commercial agent at Rotterdam on 9 Dec. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:459, 461).

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


Title: To James Madison from Samuel Vail, 20 December 1802
From: Vail, Samuel
To: Madison, James

Letter not found. 20 December 1802, Louisville, Kentucky. Acknowledged in Wagner to Vail, 4 Jan. 1803 (DNA: RG 59, DL, vol. 14), as a request to be paid for publishing the laws of the U.S. Wagner replied, “Some mistake has taken place thro’ which you have printed the laws of the United States in your Gazette. It was not intended that they should have been printed at Louisville Kentucky, but a Louisville in Georgia.… We have no memorandum, in the office, of a contract having been made with you.… You will therefore be pleased to explain how the misunderstanding has happened.”


Title: To James Madison from Arthur St. Clair, 21 December 1802
From: St. Clair, Arthur
To: Madison, James

⟨Sir⟩
Cincinnati 21st. December 1802
Your Letter of the 22 November, notifying to me that the President had determined that, upon the receipt of that Letter, my Commission of Governor of the north western Territory should cease, was delivered to me by Mr. Secretary Byrd, on the fourteenth day of this Month. I request of you, Sir, to present my humble thanks to the President for that favour, as he has thereby discharged me from an Office I was heartily tired of, about six Weeks ⟨sooner t⟩han I had determined to rid myself of it, as he may hav⟨e observed from an ad⟩dress, not to the Convention, but to the Peopl⟨e on the 8th instant.⟩ I cannot, however agree with the Presid⟨ent, that in my address to⟩ the Convention, which is assigned as ⟨the reason of my being di⟩smissed, there was either an ⟨“intemperance or indecoru⟩m of language towards the Legi⟨slature of the United Stat⟩es, or a disorganizing Spirit of evil ⟨tendency and example,” unless an h⟩onest and true representation of fac⟨ts deserve those epi⟩thets; or that the “rules of conduct enjoin⟨ed by my pu⟩blic Station” were, in any way violated, unless it is understood that the rule of conduct for men in Office is an implicit blind obedience. As the Convention, Sir, was to meet in pursuance of an Act of Congress, whereby the Election of the Members was directed to be made according to a Law of the Territory that had existed, but had been long before repealed, a sense of public duty led me to cause the Elections to be made conformably to the Spirit of the Act and the ⟨existing laws of the Territory⟩ and the Laws in being, as they could not be made conformably to the words of ⟨it, and w⟩hen the Convention was met, I had done with ⟨it in my public cap⟩acity. Every Citizen had a right to address ⟨that body, either openly⟩ or in writing, and that right was ⟨common to me with the res⟩t; and I believe, Sir, it is a paramount duty, which every man owes to the ⟨community of which he⟩ is a member, to give warning, either to ⟨the representatives⟩ or to the Body, when he sees the rights of that Community invaded, from whatever quarter the invasion may come, and to direct them to the means of warding it off, or of repelling it; and I scruple not to say that the violent hasty and unprecedented intrusion of the Legislature of the united States into the internal Concerns of the north western Territory was at least indecorous, and inconsistent with its public duty; and I might add, that the transferring above five thousand people, with⟨out⟩ thei⟨r know⟩ledge or consent, from a Country whe⟨re they were in⟩ possession of self Government to a⟨nother where they will be,⟩ at least for some time with⟨out that privilege, and⟩ subjected to many other inco⟨nveniences was something⟩ more than indecorous, an⟨d that, had it happened in Germany,⟩ where such things have hap⟨pened, no man in America would⟩ have hesitated to use a harshe⟨r term. Degraded as⟩ our Country is, and abject as too ma⟨ny of her sons have⟩ become, there are still a vast proporti⟨on of them who⟩ will be at no loss for the proper term. Be pleased, Sir, to accept my thanks, also, for the peculiar delicacy you observed in committing the delivery of your Letter, and in furnishing him with a copy of it, to Mr. Byrd, against whom there were in your hands, to be laid before the president, Complaints of something more than mere indecorum, and of a total neglect of, and refusal to perform his official duties. It is, Sir, such strokes as this that serve, like the relief in painting, ⟨to⟩ develop Character—⟨and to bring out the figure distinctly in its proper place. It⟩ produced, however, no other emotion ⟨in me but that⟩ kind of sub risus which, ⟨physiognomists tell us⟩ is the involuntary expression, on the Countenance ⟨of a certain mental sensati⟩on which I do not chuse to name, and never ⟨fails to produce it. With⟩ due regard, I Am Sir, Your obedient Servant
Ar: St. Clair

   Draft (O). Badly torn. Words in angle brackets have been supplied from the printed copy in Smith, St. Clair Papers, 2:599–601 (see nn. 3 and 5).

   For St. Clair’s address to the Ohio constitutional convention, see JM to St. Clair, 22 Nov. 1802, and n. 1.

   In St. Clair’s 8 Dec. address to the people of Ohio he declined the requests he had received to run for governor, citing the need to repair his private fortune (Smith, St. Clair Papers, 2:597–98).

   Draft copy appears to have “without” but printed copy reads “deprived of.”

   No letter from St. Clair to JM concerning Charles Willing Byrd has been found.

   Sub risus: smiling. The printed copy reads “derision.”


Title: From James Madison to Louis-André Pichon, 21 December 1802 (Abstract)
From: Madison, James
To: Pichon, Louis-André

21 December 1802, Department of State. Encloses an “account [not found] stated at the Navy Department of monies paid to individuals of the French Nation at the solicitation of the Agents of the French government.”

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


Title: To James Madison from William C. C. Claiborne, 21 December 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

21 December 1802, “Near Natchez.” The legislature met at Washington [Mississippi Territory] on 5 Dec. Encloses a copy of the address he delivered on 8 Dec. to an assembly of both houses “together with the answers returned.” David Ker received his commission “by the last mail” and has undertaken his official duties. Ker’s appointment has satisfied “a great portion” of the citizenry, and he is “a valuable acquisition to our Territorial Bench.” “The Port of New Orleans still remains shut against the American deposit.” Transfer of American produce to vessels “laying in the stream” is allowed, but “the landing of the produce is unconditionally forbidden.” Enforcement of this point is so rigid that “where a Cotton boat was upset by wind Opposite to the Port of Orleans, there was some difficulty in obtaining permission to place the Cotton taken from the river on the levée.” Notwithstanding Salcedo’s statements in his letters, Claiborne remains convinced that the intendant’s order was directed by the Spanish court. “This is the opinion of some of the best informed Citizens of the United States residing at Orleans.” The general belief is that the French will take possession of Louisiana during the winter or in early spring.

   Letterbook copy and copy of enclosures (Ms-Ar: Claiborne Executive Journal). Letterbook copy 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)., 1:250–51. For enclosures, see n. 1.

   Claiborne’s address to the Mississippi legislature and the replies of the two houses are printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:237–40, 243–47.

   For David Ker’s appointment as territorial judge, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:501 and n. 2.

   For Salcedo’s argument that Morales had acted on his own initiative in closing the deposit, see Salcedo to Claiborne, 15 Nov. 1802 (Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:233–36).


Title: From James Madison to Charles Pinckney, 22 December 1802
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State Washington, 22nd. December. 1802.
Mr. William Cook, who in the course of last year, sustained a severe loss, at Havana, attended with circumstances of rigor and cruelty, and which he attributes to the Government there, has requested me to recommend his case to your attention: this I do with pleasure, but subject to the condition, that any interposition you shall use is not to be of such a nature as to affect the general mass of claims. He has desired me to transmit my letter to Madrid, and was to sail from Havana for Europe; otherwise I should have suggested to him that it would be preferable for him to remain in America ’till the event of the Convention is ascertained: probably he may yet be prevailed upon to suspend his claim; but if he insists upon its prosecution, in whatever manner you may render him your aid, you will suffer no room to be given for an inference, that we relax in the measures taken for a general provision for all. I have the honor to be, with great respect, Sir Your very Obedt. Servt.

   RC (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, vol. 47); letterbook copy (DNA: RG 59, IM, vol. 6); Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, 62B). RC in a clerk’s hand, unsigned. RC sent as enclosure in JM to Pinckney, 7 Apr. 1803.

   For Cooke’s case, see Cooke to JM, 27 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:277 and n. 1).


Title: From James Madison to Peder Blicherolsen, 22 December 1802 (Abstract)
From: Madison, James
To: Blicherolsen, Peder

22 December 1802, Department of State. Returns the commission and encloses an exequatur [not found] for Francis Taylor as Danish vice-consul in Virginia. Assures Blicherolsen of his “high consideration.”

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


Title: To James Madison from Thomas Barclay, 22 December 1802 (Abstract)
From: Barclay, Thomas
To: Madison, James

22 December 1802, Washington. “Being out of business for a length of time it is much my wish to be employed in your Office as a Clerk, if there should be a vacancy and you should think me deserving.… I have been unfortunate in trade and have a large family to support I am therefore obliged to solicit your assistance.” Would be happy with any situation and could give satisfaction “in a short time” through steady and close application. Will be under the greatest obligation to JM should he be considered.

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


Title: To James Madison from Daniel Clark, 23 December 1802
From: Clark, Daniel
To: Madison, James

Sir
River Mersey 23 December 1802
At the very moment of departure I have received a Letter from Paris advising, that Genl. Victor the Capt. General of Louisiana with his Etat Major, Monsr. J. J. Ayme the Commissaire de Justice with all the other officers of the new Administration of that Country, had set off about the 11th. Inst. for Holland to embark for New Orleans without delay. The Prefect had departed 2 or 3 days before for Rochefort to embark in a Corvette, that he might arrive before, & prepare for the reception of the Troops &c. I count on your indulgence to excuse the long Letter I troubled you with respecting this Business, and as I shall be under the necessity of remaining some time among them to settle my private affairs, I flatter myself my Communications will not transpire. I entreat you will favor me with your advice how to act on their arrival. I am in the Ship Thomas bound direct to New Orleans and hope to arrive a Month before Victor & his Army. With respect & Esteem I remain sir Your most obedt Servt.
Daniel Clark

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Wagner as received 28 Feb.

   Jean-Jacques (also called Job) Aymé (1752–1818) was a lawyer and a revolutionary politician who was exiled to Cayenne in 1798 for Royalist tendencies. He returned to France in 1800, and in 1802 Napoleon named him chief justice of the projected colony of Louisiana. After the sale of the territory to the U.S., Aymé was appointed director of excise taxes of the departments of Gers and of Ain and served in that position until his death (Biographie universelle [1843–65 ed.], 2:524–25).

   On 29 Nov. Decrès had ordered Victor to leave Paris immediately to take command of the French expedition which was ready to depart from Helvoët Sluys (E. Wilson Lyon, Louisiana in French Diplomacy [Norman, Okla., 1974], p. 134).

   Clark may have been referring to his missing 25 Nov. 1802 letter. For some of the subjects he probably discussed, see Skipwith to JM, 20 Nov. 1802, and n. 1.


Title: To James Madison from John Gavino, 23 December 1802 (Abstract)
From: Gavino, John
To: Madison, James

23 December 1802, Gibraltar. No. 108. Has not received a letter from JM since his last dispatch, no. 107 [18 Dec. 1802]. Has received a 7 Dec. letter from Captain Barron at Mahón, a copy of which he sent to Robert Smith requesting that he show it to JM. Has heard Barron was still at Mahón on 14 Dec. “and had got his foremast in.” “The Master of an Engh: Vessel from Genoa who arrived three days ago, tells me he was to have brought down a Passenger, but the Vessel sailing in a hurry left him on shore, he tells me said Passenger had an open Letter from Consul Wollaston (which he shewd him) & was to give the perusal thereof to all Commanders of American Vessels he met and then deliver it me.… It was giving notice of Eleven sail of Tripolin cruisers being out discribing at same time the Vessels and force ⟨and⟩ that the admiral (the Scotch Renegado) [Murad Rais] and his Crew wore round Hatts and Blue Jacketts as a Decoy.” The captain did not recollect the description of the ships “further than the largest mounted about 14 Gunns.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 2 pp. Docketed by Wagner as received 28 Feb.

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


Title: To James Madison from William Kirkpatrick, 23 December 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

23 December 1802, Málaga. Transmits a copy of his letter of 15 Dec. sent by the Constellation. Has since received a 17 Dec. notice from vice-consul Gorman that the John Adams touched at Almería and proceeded on, “as the Moorish Cruizers had disappeared from that Coast.” Encloses a copy of Gorman’s communications as well as a letter from Degen, Purviance, & Company transmitting a copy of a letter from Eaton to Morris “with Intelligence of several Vessels being ready to leave Tripoly on the 9th. November under the Command of Admiral Lisle.” Thinks these may be the ships sighted off Vera mentioned in his last, but letters received from Cartagena, Alicante, and Barcelona contain no information on them. Encloses a copy of a royal order received 20 Dec. from the governor together with a translation and his reply. Has forwarded copies to the U.S. chargé d’affaires at Madrid and asked him to have the order revoked or at least to obtain a sufficient grace period for publication in the U.S. before it goes into effect. Suspects that certificates will be immediately demanded from captains. “For my own part I see no Good this strange disposition can produce, except that of providing a very handsome Income to their Consuls, in many Parts.” If the order is intended to prevent smuggling it will be ineffective, since the certificates cover only the “Procedure or Origin” of cargoes, not their quantity or quality. “The Order is general for all Nations.” Has appointed John Dandeya vice-consul at Motril to assist American vessels calling there and to provide information of cruisers “off that Point”; has asked the U.S. chargé to obtain an exequatur. Remarks that JM will see by the enclosed list of American shipping at Málaga for the “last Six months [not found]” that “Notwithstanding the reestablishment of Peace, in Europe, our Trade to, & from this Place has been pretty Considerable.” Encloses the Mediterranean pass [not found] obtained from the captain of the brig Matilda, sold in August. Observes that the local board of health seems less inclined to adhere to rigid quarantine measures against U.S. vessels. The Pallas arrived from New London in thirty-eight days with a cargo of fish and staves and was immediately admitted to pratique on Kirkpatrick’s application in spite of not having a certificate from the Spanish consul. “This proves the more extraordinary, as I cannot learn any fresh orders have been transmitted from Madrid, on the Subject, and am given to understand she was admitted merely with the view of obliging me.”

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 3 pp. Misdated 31 Dec. and marked by Wagner, “This ought to be 23 see another copy on file.” Another RC (ibid.), marked “Copy,” is dated 23 Dec. 1802. For surviving enclosures, see nn.

   Kirkpatrick enclosed an extract of a 17 Dec. 1802 letter from Thomas Gorman (2 pp.) reporting that the Portuguese frigate that lay at Almería “for some time past, Sailed last Sunday” to cruise the straits. Gorman added that he had visited the coast of Vera and, learning nothing further of the Moorish vessels, assumed they had left and that they had probably sailed eastward “on Acct. of the Long Continuation of Westerly winds afterwards.” Two frigates and a brig were sighted sailing westward off Adra and were believed to be Algerines, but this was “meer Conjecture.” Gorman added in a postscript that Captain Rodgers in the John Adams had entered the bay and had received the above information. Rodgers did not anchor but went on to Malta with the American brig he had in tow.

   The enclosed copy of a 24 Nov. 1802 letter from Degen, Purviance, & Company at Leghorn (1 p.) is written on the verso of a copy of Eaton’s 9 Nov. 1802 circular letter addressed to Morris, the original of which the firm had forwarded to Morris at Malta. They requested Kirkpatrick to publicize the contents and communicate them to the commanders of American public vessels. For a description of the circular, see Appleton to JM, 7 Dec. 1802, n. 1.

   Kirkpatrick enclosed a copy of a 20 Dec. 1802 letter from Pedro Truxillo, governor of Málaga (2 pp.; in Spanish; translation printed in National Intelligencer, 23 Mar. 1803), containing an extract of a 19 Nov. royal order that certificates of origin provided by Spanish consuls or vice-consuls at the place of origin were to be exacted by the customhouse for all foreign goods imported into the peninsula (printed ibid., 23 Feb. 1803). If there was no consul in the region, the certificates were to be provided by the consul at the port where the goods were shipped. A certificate was required for the number of containers of each article of the same kind and owner, with separate certificates for each different article or owner showing “the different marks of the Bales, Boxes & owners,” under penalty of confiscation. Also enclosed is a copy of Kirkpatrick’s 23 Dec. 1802 reply (2 pp.; in Spanish, with translation), in which Kirkpatrick wrote that he would send JM the decree so that “he may order it to be published for the Government of Merchants.” He added that he had also sent a copy to Madrid “by Yesterday’s Post” so the American minister might request that Americans be excused from the requirement until sufficient time had passed for them to learn of it, informing the king further that there were many U.S. ports that had no consul or vice-consul and that this situation would “effectually impossibilitate said Legalisation.”

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


Title: To James Madison from Matthias Bartgis, 24 December 1802 (Abstract)
From: Bartgis, Matthias
To: Madison, James

24 December 1802, Fredericktown. “When I had the pleasure of speaking to you, last Spring, in the City of Washington, about printing the Laws of the United States, you was pleased to say you would not forget me.” Assures JM that his paper has the largest circulation of “any inland paper in the Union” and hopes this will cause JM to appoint him one of the printers of the laws.

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

   Matthias Bartgis printed Bartgis’s Republican Gazette at Frederick, Maryland, from 1800 to at least 1820 (Brigham, History and Bibliography of American Newspapers, 1:259–60).


Title: To James Madison from John Leamy, 24 December 1802 (Abstract)
From: Leamy, John
To: Madison, James

24 December 1802, Philadelphia. Understands that commissioners are about to be appointed under the convention with Spain. Many Philadelphia merchants have expressed “their good oppinion of my Capacity for executing the Duties of that appointment.” Offers his services and asks JM to place his application before the president. “My long residence in Spain, my Connections in that Country and perfect acquaintance with the Language & manner of doing business there, are circumstances so well known to a very respectable portion of the Merchants of the United States as to insure me such testimony of their approbation as would be satisfactory.” His family and fortune are in the U.S., giving him every inducement to conduct himself “with honor & reputation.” Is known personally to the president but “could not take the liberty of making the direct application.” Asks JM to pardon the trouble he gives.

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

   Philadelphia merchant John Leamy (d. 1839) was a native of Ireland who had emigrated from Spain to the U.S. after the American Revolution. He carried on an extensive trade with the Spanish government for several years and was Spanish vice-consul at Philadelphia in 1822. In 1806 he became the first president of the Marine & Fire Insurance Company (John H. Campbell, History of the Friendly Sons of St. Patrick and of the Hibernian Society for the Relief of Emigrants from Ireland [Philadelphia, 1892], p. 120; León Tello, Documentos relativos a la independencia de Norteamérica, 4:101–2, 10:49; Harrold E. Gillingham, Marine Insurance in Philadelphia, 1721–1800 [Philadelphia, 1933], p. 124).