Title: To James Madison from William Marshall, 16 June 1801
From: Marshall, William
To: Madison, James

Sir
Charleston June 16th: 1801.
I take the liberty, at the request of a number of respectable Republicans, to address you on the subject of the vacancy wch. has taken place in the office of Chief Judge of this circuit, in consequence of the resignation of my brother in law Mr. Gaillard. The inclosed certificate is recommendatory of Dominick Augustin Hall Esqe to that office. The certificate sufficiently speaks its own respectability, tho’ probably you are unacquainted with the characters who have given it authority with their names. It is signed by the Governor, two Chancellors, two Judges of the courts of Sessions & Pleas, Mr. Gaillard the gentleman recently appointed to that office & Mr. Lee, an eminent lawyer of this state. It was not deemed proper by any means to apply to persons of different political Sentiments, but determined that it should consist of a particular selection of prominent and influential Republicans. I am requested to state, that Mr. Hall is a very meritorious man and deserves well of us here, for his steady and zealous, attachment to those interests, wch. turned the tide of opinion in this country in the late election. Like many others, he has suffered persecution for this, & has felt it severely in the rapid diminution of his practice, occasioned by the conduct of those, who carry on the most marked and bitter hostility against the partisans of the late glorious change. Mr. Hall has lately recd. a new proof of the confidence of his friends, by being elected a Republican Representative, from this city in April last, in opposition to very formidable candidates, and the whole array of force brought forward by the Federalists. I beg pardon, Sir, for having intruded so much upon you, personally unknown to you, as I am; But I could not resist the request, & the occasion must plead the excuse. I am Sir, With great respect & The Highest Consideration Yr. most Obt. St.
W. Marshall

   RC (DLC). In a clerk’s hand, except for Marshall’s complimentary close and signature. Missing enclosure apparently sent with Marshall’s letter to JM of 19 June.

   Theodore Gaillard declined the appointment Marshall mentions on the same day Marshall wrote (Gaillard to JM, 16 June 1801). Gaillard, born into an old South Carolina planting family, studied law at the Middle Temple. His father, a Revolutionary Loyalist, had lost his lands and been banished from the state (where he remained nonetheless). The younger man, “soured agt. those in power for what his family had suffered,” was an active Republican who won election to the state house of representatives in 1798 and served as Speaker in 1801. A Jeffersonian elector in 1800, Gaillard eight years later was named a judge on the state equity bench (Wolfe, Jeffersonian Democracy in South Carolina, p. 196; O’Neall, Bench and Bar of South Carolina, 1:253, 258; Edgar et al., Biographical Directory of the South Carolina House of Representatives, 2:269).

   Jefferson named Hall, a South Carolina legislator in 1795 and 1798–99, chief judge of the fifth U.S. circuit on 1 July 1801 (Edgar et al., Biographical Directory of the South Carolina House of Representatives, 1:243 n., 252; DNA: RG 217, Misc. Treasury Accounts, no. 12,812).

   William Marshall served as a chancellor of the South Carolina court of equity from 1799 until his death in 1805 (O’Neall, Bench and Bar of South Carolina, 1:233–35).


Title: To James Madison from Carlos Martínez de Yrujo, 16 June 1801
From: Yrujo, Carlos Martínez de
To: Madison, James

Sir
Philada. 16 June 1801.
I have just received your letter of the 12th. current, in which you are pleased to acquaint me that, at the request of Mr. Thornton, Chargé des Affaires of His Britannic Majesty, the President has given orders for the prompt departure of the English prize taken by the armed Spanish vessel now in this port: and in reply, it is my duty to inform you, that the Captain intends to make the said prize depart very shortly for a Spanish port.
In regard to the Capturing vessel, concerning which you ask information from me in your said letter, it is my duty to inform you, that she is a private vessel fitted out for war (cruising) and commerce, which entered this port after suffering various damages, where the Captain intends to repair her, or to take the measures which may be most conformable with the interest of his principals: and for what regards the asylum and protection she ought to enjoy in the ports of the U. States, I refer you to the 8th. article of the Treaty concluded between the King my master and the U.S. of A. by which you will see that she has a right not only to enjoy all favor, protection and succour, but to repair and to regulate her departure how and when the Captain chuses with out any obstacle or impediment. The said article is so explicit and decisive, that not the least doubt can be raised concerning the right, which she has, in virtue of the aforesaid stipulation, to the Asylum she uses in this port. I offer myself again to your disposal and pray our Lord &c.

   Translation of RC (DNA: RG 59, NFL, Spain, vol. 2). RC in Spanish; this is Wagner’s translation as it appears in the margin. Docketed by Wagner as received 20 June.

   Wagner wrote “Corso” above this word. Yrujo’s words were: “un Barco particular armado en Corso y mercancia.”

   Article 8 of the 1795 treaty with Spain states: “In case the Subjects and inhabitants of either Party with their shipping whether public and of war or private and of merchants be forced through stress of weather, pursuit of Pirates, or Enemi[e]s, or any other urgent necessity for seeking of shelter and harbor to retreat and enter into any of the Rivers, Bays, Roads, or Ports belonging to the other Party, they shall be received and treated with all humanity, and enjoy all favor, protection and help, and they shall be permitted to refresh and provide themselves at reasonable rates with victuals and all things needful for the sustenance of their persons or reparation of their Ships, and prosecution of their voyage; and they shall no ways be hindered from returning out of the said Ports, or Roads, but may remove and depart when and whither they please without any let or hindrance” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:324–25).


Title: From James Madison to Ebenezer Stevens, [17 June] 1801
From: Madison, James
To: Stevens, Ebenezer

[Department of State, Washington, 17 June 1801]
… It is intended that the vessel you have freighted for Tunis should, if possible, sail with the George Washington, now loading at Philadelphia … for Algiers, in order that she may avail herself of the protection of the latter. To enable me to judge of the practicability of this expedient, be pleased to inform me when she will be ready to proceed to sea.…

   Printed extract (Charles Hamilton Catalogue No. 106 [30 June 1977], item 155). Listed as “L.S.… ¾ page, 4to.”


Title: To James Madison from Joseph Habersham, 17 June 1801
From: Habersham, Joseph
To: Madison, James

Sir
General Post Office June 17. 1801
It has been mentioned that the president proposes to spend the summer at his seat at Monticello and that he wishes the mail may be sent from Fredericksburg directly to Orange c.h. & thence by Milton to Charlottesville & that it should be conveyed more expeditiously than it is now done.
If that is the case the following will be perhaps the most eligible arrangement. Let the present mail carrier from Fredericksburg to Charlotte[s]ville (leaving Culpeper out of his route)
Receive the mail at Fredericksburg on Wednesday at 2 AM &
Deliver it at Charlottesville on Thursday by 11 AM
Returning
Leave Charlottesville on Saturday at 1 P.M. &
Arrive at Fredericksburg on Sunday by 10 P.M.
To accomplish this ride (say 85 miles) in so short a time the carrier must keep a spare horse at Orange c.h. & must receive a compensation for his use & keeping.
The rider from Maddison to Culpeper must proceed on to Fredericksburg to preserve a communication with those offices.
If this arrangement is made the communication between Culpeper & Orange will be by way of Fredericksburg; the letters sent from one to the other of those places are so few that the delay which this alteration will occasion can be of no account.
When this alteration is made the mail for the offices on & connected with that route will be closed here on Monday evening.
Will you inform me whether the president wishes such an arrangement to be mad⟨e?⟩ I am sir very respectfully your most obedient
Jos Habersham

   RC (DLC); letterbook copy (DNA: RG 28, Letters Sent by Postmaster General, vol. EE). RC in a clerk’s hand, signed by Habersham.


Title: To James Madison from Carlos Martínez de Yrujo, 17 June 1801
From: Yrujo, Carlos Martínez de
To: Madison, James

Philadelphia 17th June 1801
The Chevalier d’Yrujo has the honor of presenting his respects to the Secretary of State and acknowledges the receipt of the Exequaturs sent for don Thomas Stoughton and Don Felipe Fatio, and returns thanks for the promptitude with which they were forwarded.

   RC (DNA: RG 59, NFL, Spain, vol. 2). Docketed by Wagner as received 20 June.


Title: To James Madison from William Willis, 17 June 1801 (Abstract)
From: Willis, William
To: Madison, James

17 June 1801, Barcelona. Transmits a letter received by an express vessel dispatched by Eaton, reporting on “unhappy State of our affairs” in Tunis. Has received no information yet on arrival of any U.S. warships “in these Seas.” Twenty-five vessels are in port or on coast waiting for protection. The U.S. now has the opportunity to gain a commercial ascendancy over all North Sea powers by the stationing of two or three small ships of war. Nothing has been heard regarding Egyptian situation.

   RC (DNA: RG 59, CD, London, vol. 8). 2 pp.

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


Title: To James Madison from William G. Hubbel, 18 June 1801
From: Hubbel, William G.
To: Madison, James

Sir,
Hudson. June 18th. 1801.
I have a Brother by the name of Ephraim Hubbel on board of the British Frigate Juno, stationed I suppose at Port Royal, Jamaica, where he has been upwards of four years. He has repeatedly wrote me from thence, informing me he was impressed by the British and requesting me to forward him such Documents as would prove him to be an American Citizen, accordingly I procured all the necessary proof of his nativity and Citizenship and sent them to Mr. William Savage American Agent resident at Kingston, who acknowledged the receipt of the same, and that he had presented the said papers to Lord Hugh Seymour, who represented that my Brother when in England applied to the Lords of the Admiralty for a discharge, when on investigating the business it appeared that he had entered and received the Kings bounty, upon which I wrote Mr. Savage that I very much doubted my Brothers having entered or received the Bounty, because he had uniformly wrote me that If I could only send him sufficient proof of his Citizenship he could immediately obtain his Discharge—in answer to which Mr. Savage informs me it can answer no end to make another application to His Lordship as he took much pains to investigate the business and found my Brother had received the Bounty, and therefore was determined to detain him. My Brother has since wrote me that Mr. Savage had informed him of the application he had made to Lord H. Seymour for his Discharge and the representation of his Lordship—he (my Brother) also declares to me that he never did enter or receive the Bounty, since which I have written to Mr. Savage to be so obliging as to make one more application for his Discharge, an answer to which I yesterday received. He writes me that Lord H. Seymour will not Discharge my Brother, because it appeared to the Lords of the Admiralty he had received the Kings Bounty, and that therefore was he again to repeat the application, his Lordship would conceive he meant to insult him. He says the only mode he can recommend, is to get the Secretary of State to get the British Envoy to solicit his discharge, which if attended to he thinks will be successful. I have therefore made bold to address your honor on the Subject, & earnestly request your interest and interposition in behalf of my Brother. I will thank you for your opinion of the mode of proceeding recommended by Mr. Savage. I am, Sir, with due respect Your Obt. H. Servant,
Wm. G. Hubbel.
P. S. The necessary documents to prove the Citizenship of my Brother are now in the Hands of Mr. Savage.

   Tr (CSmH); Tr (DNA: RG 59, IM, vol. 5). Sent as enclosure in JM to Rufus King, 28 July 1801.

   Hubbel wrote JM again on 15 Oct. 1801, enclosing Savage’s letters to him of 23 Aug. 1800, 18 Nov. 1800, and 16 Apr. 1801. Hubbel entreated JM to issue a direct order to Savage for intervention on his brother’s behalf. “It is extremely hard that my Brother should be unlawfully detained … when nothing more is wanted … but a little exertion on the part of the Agent at Kingston” (DNA: RG 59, Letters Received regarding Impressed Seamen, box 5).


Title: To James Madison from Louis-André Pichon, 18 June 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

18 June 1801, Philadelphia. Acknowledges JM’s reply to his letters of [17 and] 18 May. Since JM did not mention the matter of commissaries Arcambal and Marbois on which the president’s decision was requested, Pichon assumes that JM’s silence signifies approval. Expresses gratitude for the president’s decision concerning the American loan of $15,000 toward relief of Saint-Domingue refugees and assures JM that French government will make reimbursement in this case as in that of French prisoners. Requires record of monies all federal departments spent for these purposes.

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 53:252–53). RC 3 pp.; written in French; in a clerk’s hand, signed by Pichon; docketed by Wagner. Extract printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:434.


Title: To James Madison from Carlos Martínez de Yrujo, 19 June 1801
From: Yrujo, Carlos Martínez de
To: Madison, James

Sir
Philadelphia 19 June 1801.
After having given you three days ago the information and circumstances you wished to be possessed of relative to the armed Spanish vessel (letter of marque) called Sta. Escolastica which some time ago entered this port, with an English prize, on her voyage from Buenos Ayres, I am informed that the Collector of the Customs of this port not only wishes to cause the English prize immediately to depart from the port, but that he has ordered a suppression of the unloading of the cargo of La Escolastica, composed principally of articles of that Spanish colony, and which have nothing to do with the English prize. The said Spanish vessel was bound to the Havana; but having suffered a severe storm from the S. W. in the latitude where she proposed to direct her course for the said destination, through the old passage, the said storm forced her too far to the North, and finding herself, with much damage, in the Gulph stream, it was judged too hazardous to attempt to tack in order to enter the Havana, and it was consequently determined to come to this port to repair the vessel, without which she cannot go to sea again. To repair the vessel and that the interests of the owners may not suffer, the cargo was begun to be unloaded, in order to its being sent to the Havana in American vessels. Under these circumstances, the Collector has ordered the unloading to be suspended as I have said; and I can do no less than manifest to you, that not only this proceeding is injurious to the owners, considering the season of the year, the nature of the articles composing the cargo and the necessity of landing them in order to make the necessary repairs, but that in my opinion it is a manifest violation of the 8th article of the treaty existing between the King my master and the United States of America, as well as of the indisputable right which His Majesty’s subjects have, to introduce and dispose of their property, how and when they think proper, in conformity with the rules established by the laws of the country.
Well persuaded that reflections or comments are unnecessary, upon the justice with which I implore the protection of the American Government, in favor of those rights which benefit, in this case, the subjects of H. C. M. who are in any wise interested in this business, I abstain from making all the observations I might, always flattering myself that the President will think proper to order the unloading of the Spanish vessel and the Spanish produce in her to be continued; and that he will preserve in force and vigor the stipulation of the said 8th. article of the Spanish treaty: and on my part I shall continue to accelerate the departure of the English prize, which is all that in my opinion the Chargé des Affaires of England can claim with any degree of Justice. I repeat &c.

   Translation of RC (DNA: RG 59, NFL, Spain, vol. 2). RC in Spanish; this is Wagner’s translation as it appears in the margin. Docketed by Wagner as received 23 June.


Title: From James Madison to Thomas Worthington, 20 June 1801
From: Madison, James
To: Worthington, Thomas

Sir
Washington June 20. 1801
The Bearer Mr Shields having occasion to visit to the N. Western territory, where he will be an entire stranger, I avail myself of the slight acquaintance I have with you, as an apology for introducing him to your attention. He has long been known to me, and I feel myself bound in justice to say of him, that he has a well-informed mind, irreproachable integrity, good qualifications for business in several branches, and of great modesty of disposition. I have not enquired into his particular object in his proposed trip, but have no doubt that it will appear to be entitled to patronage. Very respectfully I am Sir, Your Most Obedt. servant
James Madison

   RC (OHi).

   Possibly William Bayard Shields, who was related to the Bayard family of Delaware. He later was involved in the Mississippi arrest and grand jury proceedings against Aaron Burr, and after 1809 he was governor of that territory (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (1 vol. to date; Charlottesville, Va., 1984—)., 1:349 n. 1).

   Thomas Worthington (1773–1827), born near Charleston, Virginia (now West Virginia), went to the Ohio country as a surveyor in 1796 and was appointed register of the federal land office at Chillicothe in May 1800. As a territorial legislator, Worthington assumed leadership of the “Chillicothe Junto” that represented the Republican party in Ohio and promoted statehood. Jefferson named him supervisor of the Northwestern revenue district early in 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:353, 422).


Title: To James Madison from Thomas Jefferson, 20 June 1801
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Washington June 20. 1801.
I observe a great number of contracts for carrying the mails are advertised to be made within a short time hence, & for 4. years. I suppose the principal reason for making such long contracts is the trouble which would be so often recurring to the post office, if they were shorter. This should have it’s just weight: but it may be doubted whether contracts for so long a time as 4. years do not produce greater evils. But however this may be decided hereafter, for the present I am disposed to believe that a shorter term would be better for once. I have long been persuaded that we might greatly increase the rapidity of the movements of the mails; & have had it in contemplation to propose this when we get ourselves a little clear of more pressing business. But we shall be precluded by the 4. year contracts. I suggest to your consideration therefore the expediency of making the ensuing contracts for one year only, to give us time to try whether a more rapid conveyance be not practicable. The time for making the contracts being close at hand, an immediate determination seems necessary. Accept assurances of my affectionate esteem & respect
Th: Jefferson

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

   Advertisements for mail contracts (to date from 1 Oct. 1801) appeared in the National Intelligencer in late May and early June. Applications fell due 15 July. Most of the agreements were to run for four years.


Title: To James Madison from John Francis Mercer, 20 June 1801 (Abstract)
From: Mercer, John Francis
To: Madison, James

20 June 1801, West River, Maryland. Recommends Anne Arundel County resident John Groves for clerkship. “This business is peculiarly disagreable to me … but when called on by any Citizen of the County I live in, I deem it in some measure a duty, to give them every advantage in my power that I think they merit.”

   RC (DLC: Rives Collection, Madison Papers). 1 p. Mercer, a native of Stafford County, Virginia, served as a congressman from Maryland, 1792–94, and as governor of Maryland, 1801–3.


Title: To James Madison from Hubbard Taylor, 21 June 1801
From: Taylor, Hubbard
To: Madison, James

Dear sir
Kentucky, Clarke County 21st. June 1801.
By the inclosed you will find my intention of soliciting the appointment of Marshall of this State, should the present one not be reappointed.
I should have been an earlier applicant, had I not been informed of the Certificates that had been given by the Judge of the Fedreal [sic] Court, & the Gentleman of the Barr, since which Mr. Innes has written the President that some circumstances has come to his Knowledge that has altered his opinion.
I have a numerous young family and its likely to encrease, I was an early adventurer in this Country, and if I shall be so fortunate as to meet the approbation of the President, it will be my ardant study to discharge the duties of the office with punctual impartiallity.
Any thing you may be pleased to say in my behalf on the occation shall be greatfully remembered by Dear sir Yr Affe. Freind & Hble sert
H. Taylor
P. S. Be pleased write me if this Letter gets safe to hand.

   RC (DLC). Docketed by JM.

   See Harry Innes to Jefferson, 20 June 1801 (DNA: RG 59, LAR, 1801–9). Jefferson docketed Innes’s letter: “Taylor to be marshal / recd July 10.” Jefferson named Joseph Crockett federal marshal for the Kentucky district (see Burr to JM, 27 Apr. 1801, and n. 1).

   Innes, who in an earlier letter on behalf of Charles Wilkins had described the official conduct of the incumbent marshal, Samuel McDowell, Jr., as “unexceptionable,” declared in June that he wished to revise that estimate. McDowell had been involved in cases where the court had granted writs of supersedeas or stays of execution issued upon nonpayment of replevin bonds, the reason for the stay being distance: “On examining these two last Replevy Bonds,” Innes explained, “I discovered Milage expressed in the Conditions, yet upon calculating them and taking into account a small credit on each given by the Marshal, it did not appear, that if Milage had been charged, the demand then existed” (Innes to Jefferson, 12 Jan. 1801 [DNA: RG 59, LAR, 1801–9]; Innes to Jefferson, 3 June 1801 [DLC: Jefferson Papers]).


Title: Circular Letter to Collectors of Customs, 22 June 1801
From: Madison, James
To:

Sir,
Department of State—Washington, June 22d 1801
After the receipt of this letter, you will issue no commission to any private armed vessel of the United States, but without delay return to me all such blank Commissions and the blank instructions adapted to them, which may remain in your hands, as well as all such Commissions and instructions as may have been surrendered to you, and all the original applications for those issued, and which you shall not have before returned. I am very respectfully, Sir, Your most Obt Sert.
James Madison
Circular to the Collectors of the Customs who were appointed to issue commissions to private armed vessels

   RC (NN); RC (OClWHi); RC (N). All copies in clerks’ hands, signed by JM. Addressees not indicated. Two copies docketed in unidentified hands (NN and OClWHi).


Title: From James Madison to David Humphreys, 22 June 1801
From: Madison, James
To: Humphreys, David

Sir
Department of State Washington June 22 1801
The letter of the  day of March last from Mr. Lincoln, then acting Secretary of State will have made you acquainted with the grounds on which the President has permitted your return. A duplicate of that letter and a letter under a flying seal to His Catholic Majesty communicating the permission, are herewith forwarded. You will derive from them the sentiments which it will be proper for you to express on the part of the United States, in your audience of leave.
This and the letters referred to will be committed to Charles Pinckney Esqr. of South Carolina, whom the President has appointed and commissioned your successor, and who is expected to sail from Charleston by the middle of July. To him therefore you will please to deliver whatever papers and other things in your hands that may belong to the Legation. The knowledge the President has of your good dispositions both public and private, assures him that you need no instruction to second the information to be derived from these sources with every other in your power which may be convenient to Mr. Pinckney or useful to the United States.
For the balance of your appointments as Minister and three months extra salary allowed for your return, I have given you a credit with Messrs. Willinks, Van Staphorst and Hubbard, Bankers at Amsterdam. The three months salary above mentioned will be computed from the day of your receiving this letter. With sentiments of the highest esteem &c &c.
James Madison

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

   Left blank in letterbook copy. Lincoln’s letter, dated 17 Mar. (see Humphreys to JM, 29 June 1801), actually was the work of Jefferson, who sent it by John Dawson. The letter reminded Humphreys of Jefferson’s recommendation to President Washington to rotate ministers every six or seven years, thus keeping American envoys current on domestic affairs. “You have now been absent nearly eleven years; the change has never been greater than within that period … The President on this consideration solely proposes shortly to name a successor to you” (Lincoln to Humphreys, Mar. 1801 [DNA: RG 59, IC, vol. 1]; Jefferson to Thomas McKean, 26 Mar. 1801 [DLC: Jefferson Papers]).


Title: To James Madison from Tench Coxe, 22 June 1801
From: Coxe, Tench
To: Madison, James

Dear Sir
Lancaster Pa. June 22. 1801
I have seen the Gentleman, whom you mentioned in your favor of the 6th. to have left Washington before you saw him a second time. I find that he had expected to have been sent for in the Course of the five or six days he spent there, tho he is impressed with the proper ideas as to your hea[l]th, the press of Business, and the difficulty of intercourse in the present scattered state of the buildings. I am satisfied that the conversation I have had with him has left every thing, personal & official, upon the footing you would wish, tho I believe it was necessary. Before I could get to see him, I heard one or two things, which make me suppose he was not satisfied. I believe all will be right in his mind hereafter. He expressed a wish to know how the Subject on which he went, appeared at Washington, but I did not suffer our conversation to take that direction. He is going to the place he was at before (abroad) in the course of 1801, & from thence to the Metropolis of that Colony. He says the latter expedition will be a mere matter of pleasure & amusement. I do not find that he is gratified by the appointment of a successor to his antagonist, and treats the arrangemt. as one that promises indifferently. I am of opinion however, that gentleman will [be] able to serve our commerce, our government, and himself. I believe he is as pure and as able as any one that has been sent, or would be likely to accept the Station—and I do not doubt his attachment either to the principles of our Constitution, or to the independency of our government on foreign influences. No profits of foreign commerce, no benefits of foreign connexion or acquisition can compensate this country for a sacrifice of the elective principle, or an independent (tho accommodating) system of governmental operations. Few Consuls are as well prepared & disposed on those two points, I believe, as the Gentleman, who has gone to that important and dangerous colony.
I have given some further attention to Mr. Stricklands pamphlet. It is a new proof of the deep, strong & immense prejudices of the English against a government founded on the most guarded & liberal principles of equality. Persons as much above poverty, and the vices which it sometimes induces, as the landholder, are not to indulge the providential impulse of natural affection by giving equally among their young the least corrupting source of bread, because the country will become less embellished, and yield less of the beauties of agriculture. The Quakers, every where, the non resisting Germans, & the old Pennsa. farmers have pursued the equal division of property for many lives, and I will undertake to say that there is no other equally successful body of Agriculturists in America. Nor, for their education, do I believe there is as good a body in Europe. Holland & the freest of the old Cantons of Switzerland are great in Agriculture, and their lands were greatly divided. Lands are more divided in West Virginia, than in East Virginia, and farming is generally better in the former. Making allowances for soil & climate, Connecticut, tho so equally divided as to have farms of 30 Acres on a medium, is universally highly cultivated. We have believed, that the Jersey law of descents before 1782 or 1783 has done great injury to the state in making drone of the eldest Sons, and banishing the younger. The Daughters were helpless. It was the English law. The Sons take each two Shares, & the daughters one since the revolutionary law. The want of capital, and what are called servants in England, and of farming books are among the principal disadvantages of our Agriculture.
Mr. Strickland is extremely wrong in regard to the quality of American wheat. The Chessapeak wheats are clearly the best in America. I am well acquainted with the Milling & baking business, the House with which I lived from 1772 till the Autumn of 1776, being largely concerned in Mills & Bakeries for exportation, and the flour Commission business.
The condition of our agriculture & its profits are greatly ameliorated by the Universal establishment of mills, in consequence of which, in 1800, but one stout ship load of unmanufactured wheat was sent from Ama. about 26000 bushells, which would require a small Indiaman of about 450 Tons. The swarms from Europe, and the disturbed West Indies collected in our Towns require a vast deal of provisions & fuel, which give profit to the landholder. The digging of canals, making turnpikes & bridges have taken many from Agriculture, who must yet be fed. The vast body of sailors must be fed, and are drawn much more than formerly from farming families. The indubitable increase of manufacturers, demands supplies from the land for their trades other than grain; & provisions also to feed them. To appreciate these facts we must remember that it is a productive country which feeds itself & spares ⅓ for exportation. An Irish importation of 1000 families takes a county with 2000 farming families to find it bread for two years, by which time, if those emigrants were all farmers, they would supply themselves & give a surplus. The new England Emigrants into N Yk, Pennsa. & the reserve take a great deal of our grain while they are building, and clearing. We send flour westward & northward to the new Settlements. The increased Manufacture of beer & grain Spirits is immense. Our exports of barrelled S[alt?] beef & supplies of them to navy & shipping are greatly increased. In short besides all our increased home demand, our exports of our produce & manufactures were in 1800 double what they were in 1789, tho our population with all our emigrants probably is not more than 50 ⅌ Cent greater on a medium.
I should like to pay some little public Attention to this pamphlet, and would therefore than[k] you and Mr. Gallatin for a note of the Census of the States as far as returned, spare copies of papers relative to imports & exports from 1797 to this time; the same of Tonnage & Shipbuilding, and a note of the public ships built with their Tonnage, not those purchased. I would not wish to give the trouble of making copies or abstracts, but only ask for some of those spare copies which are lying about the Offices. The Census & the navy return would be easily abstracted. I am much impressed with this paper of Strickland, which is hostile to the middle & southern states, and to our character as an agricultural Country—also to our kind of Government. He appeared when here, one of their most rational & moderate people, and appeared to condemn the passionate conduct of some of their public men.
We have most abundant crops of grass this year, and fine prospects, nearly realized, of winter grain, except where the fly has hurt it. Our Summer grain looks very well and prices of meat, grain & meal are liberal. The administration will therefore have the blessings of plenty and good prices to keep the country in good humor with wise & honest measures. The reduction of the navy does not excite concern in the Country. I suppose the Merchants do not like it, especially the great capitalists with old permanent establishments that lead them to views of permanent & extensive Shipowning.
If any thing useful & impressive in regard to the Militia proceeds from the Government it will be much liked.
We are concernd to know what is done and expected upon the Subject of British Claims on this Country. The Country fears artificial and inequitable burdens from that cause. It would be extremely acceptable to men of fortune and clear property as well as the mass of our friends, if they could perceive that the discernment & fidelity to their interests of the present Administration was likely to be successfully displayed in devising better means for a just & saving execution of the Treaty on that point. It is well worth consideration whether the Majority of our functionaries under that Commission ought not to be discerning, faithful republicans. It has been made a source of local, personal, and official Obloquy in a degree and in instances which I do not like to risk on paper. Justice to the English claimant, with candor & tenderness to America and her citizens ought to satisfy every private Englishman. The business ought not to be rendered the means of co-operation between foreign & party enmities. I have known a foreign functionary to say things of the most malignant personal cast in the most public and unreserved manner upon that subject for which he should have been no longer received here: and yet I have known weighty party men uphold & justify him for that very conduct. Such public men would consent to a million of taxes to damn the character they opposed. One of those Commissioners should consider himself, as an unbiassed independent judge or arbiter, in a case requiring all possible temper, candor, and Justice. The influence of foreign affections interests or connexions, or of personal, party or local aversions should be banished.
I wrote you before in reply to your letter of the 6th. but having since seen the person you therein mentioned, I have written again. I am with sentiments of the highest esteem, dear Sir, yr. respectful friend & Servant
Tench Coxe

   RC (DLC). Cover marked private by Coxe; docketed by JM.

   Jacob Mayer.

   JM’s letter was dated 5 June.

   Tobias Lear.

   Strickland declared that the best wheat in America was grown in New York (Observations on the Agriculture of the United States, pp. 41–42).

   See JM to Rufus King, 15 June 1801.


Title: To James Madison from James Linn, 22 June 1801
From: Linn, James
To: Madison, James

Sir
Trenton 22d June 1801
The appointment of George Maxwell as district attorney in this State, being announced in the public papers, he came to this place on Saturday last expecting his commission. It not being transmitted the presumption was that the appointment had not taken place. The office is vacant, and the public business suffers extremely. Therefore it is my earnest wish that some person be appointed to this office, and I can safely say that Mr. Maxwell will be the most Acceptable to a large majority of the citizens of New Jersey. I am your most Hume. Set.
James Linn

   RC (DLC).

   Jefferson made an interim appointment of George Maxwell as federal district attorney for New Jersey on 26 June. A formal nomination went to the Senate in January 1802 (Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:402).

   Linn was given an interim appointment by Jefferson as supervisor of the revenue for New Jersey on 6 June and was formally nominated for the post in January 1802 (Jefferson’s list of appointments, 1801–3 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:403).


Title: To James Madison from Edward Thornton, 22 June 1801
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 22nd June 1801.
In conformity to the wish expressed in your letter of the 18h inst. which I have had the honour of receiving this day, I inclose passports for Mr Pinckney and Mr Graham his Secretary.
Their destination is therein marked for the continent of Europe; but I hope you will be persuaded that it does not in any manner exclude the Island of Great Britain, if these Gentlemen should chuse that mode of reaching the object of their mission. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.

   RC (DNA: RG 59, NFL, Great Britain, vol. 2).

   Letter not found.


Title: To James Madison from Israel Whelen, 22 June 1801 (Abstract)
From: Whelen, Israel
To: Madison, James

22 June 1801, Philadelphia. Reports that if the articles Marbury promised were on hand, the George Washington could be loaded in about two weeks and that Whelen is complying with JM’s directions of 18 June [letter not found].

   RC (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p.; docketed by Wagner as received 25 June.


Title: To James Madison from Carlos Martínez de Yrujo, 22 June 1801 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

22 June 1801, Philadelphia. Encloses the passports JM requested on 18 June [letter not found] for Charles Pinckney and his secretary John Graham.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 1 p.; written in Spanish; in a clerk’s hand; docketed by Wagner as received 26 June.


Title: To James Madison from Benjamin Rush, 23 June 1801
From: Rush, Benjamin
To: Madison, James

Dear Sir,
Philadelphia June 23rd. 1801
Permit me to revive a friendship, Once very dear to me, by addressing you upon a Subject highly interesting to the United States.
The Commerce of our Country has suffered greatly by our Absurd Quarantine laws in the different States. These laws which admit the contagious nature of Our american yellow fever, have produced a reaction in the Governments of Europe which has rendered our Commerce with the Cities of Europe extremely expensive and oppressive.
The evils complained of Abroad, can only be remedied, by removing them at home, and this can only be done by convincing our citizens that our fever is not contagious, & that it is always of domestic Origin. The Arguments in favor of these Opinions you will find in the enclosed pamphflets.
The benefits to commerce, & to national population, and prosperity, which the Abolition of Quarantine laws, and a regard to cleanliness in our Cities would produce, are beyond Calculation.
Posterity will be grateful to that Government which shall take the lead in this important business. Hitherto Science has been scouted from the Cabinets of the Rulers of the World. It bears the hateful name of philosophy. But we look for more correct associations of things under the present Administration.
I enclose you a letter from Mr: Webster upon the Subject of mine. He deserved well of humanity and of his country for his labors in exposing the disgraceful ideas to human reason, which have prevailed, time immemorial, upon pestilential diseases.
Accept of my best wishes for your health, and believe me to be with great regard your sincere Old friend
Benjn: Rush

   RC (NjMoHP); Tr (owned by Mrs. George B. Cutts, Wellesley, Mass., 1982). RC docketed by JM.

   Rush may have sent JM his well-known booklets on this topic, An Account of the Bilious Remitting Yellow Fever, As It Appeared in the City of Philadelphia in the Year 1793 (Philadelphia, 1794) and Observations upon the Origin of the Malignant Bilious, or Yellow Fever in Philadelphia, and upon the Means of Preventing It: Addressed to the Citizens of Philadelphia (Philadelphia, 1799).

   Letter not found. Webster had written on 15 June (see JM to Rush, 28 June 1801).

   Two years earlier Noah Webster had published A Brief History of Epidemic and Pestilential Diseases; With the Principal Phenomena of the Physical World Which Precedes and Accompanies Them … (Hartford, 1799).


Title: From James Madison to Willink, Van Staphorst, and Hubbard, 23 June 1801 (Abstract)
From: Madison, James
To: Willink, Van Staphorst, and Hubbard

23 June 1801, Department of State. Owing to the interruption of all commerce between Spain and Portugal, David Humphreys has been unable to draw funds on deposit at Lisbon. Has directed Humphreys to draw on them for balance due him and for three months’ extra salary, to allow for his return. Will make an additional remittance to cover.

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


Title: To James Madison from Edward Church, 23 June 1801 (Abstract)
From: Church, Edward
To: Madison, James

23 June 1801, Paris. Discusses current political situation in Europe, then takes up his main point, which is to protest his dismissal during the Adams administration from his post as American consul in Lisbon. He left Lisbon late in 1795 for Paris on personal business, leaving a qualified substitute to carry on his consular duties. His stay was extended, and he undertook to serve as a liaison between French and Portuguese at request of Carnot; he informed Monroe of his voluntary mission before he left Paris. As proof that he was not considered in service of French, subjoins extract from his instructions. Circumstances changed in France, and his liaison effort ended abruptly. Then he was warned in a letter from America written by “some friend unknown” that he was to be replaced. Thereupon he left Portugal “to avoid the mortification and disgrace of personally surrendering my place to a young Englishman of no consideration in the City.” Has never been told why he was dismissed, and he has never until this day protested, since he expected no justice “during the late administration.” Looks to the new administration to recognize and make restitution for the injustice he suffered, which left him a ruined man.

   Tr (DNA: RG 59, CD, Lisbon, vol. 1). 12 pp.; partly in French. Sent as enclosure in Church to James Monroe, 6 Sept. 1811 (ibid.).

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


Title: To James Madison from William Vans Murray, 23 June 1801 (Abstract)
From: Murray, William Vans
To: Madison, James

23 June 1801, Paris. No. 3. Reports that on 13 June French powers to negotiate were formally presented; encloses copy. Relates French doubts about his powers beyond authority to exchange ratifications. Has sent French commissioners copy of convention as ratified and of his letter of credence. “I found that the Objection to the Suppression of the Second Article would be in this Idea, that they thereby would resign their Claim to the Treaties, and yet not exonerate themselves from the Claim of Indemnities. I stated the Substance of what I afterwards wrote in [enclosure] No. 12—in which an Attempt is made to reconcile the Suppression to a more generous Policy—and to the Interests of both Nations, without pledging a formal Abandonment of Claims—fearing as I did that a Word hazarded in pressing the Suppression might have this Effect at some future time.… On the 18th. and 19th I saw the french Ministers. I could learn only that my Note of the 15th was under Consideration—but found that the Abandonment, as they call it, of their Treaties still was an Obstacle.” Discusses details of negotiations and his protests against “the extreme Delay and the bad Effects of it,” to which French reply with warm declarations of amity and assurances that “la Chose s’arrangera.” Reports peace between Spanish and Portuguese. Forwards letters from Cathalan at Marseilles. Acknowledges State Department message of 23 Apr.

   RC and enclosures (DNA: RG 59, DD, Netherlands, vol. 4). RC 4 pp.; in a clerk’s hand, except for Murray’s signature and postscript; docketed by Wagner as received 31 Aug. Enclosures (7 pp.), numbered 9 through 13, are copies of letters to and from French ministers, 13–23 June.


Title: To James Madison from Louis-André Pichon, 23 June 1801 (Abstract)
From: Pichon, Louis-André
To: Madison, James

23 June 1801, Philadelphia. Forwards passports for Charles Pinckney, his family and entourage (including his secretary), in response to JM’s request of 18 June [letter not found].

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


Title: From James Madison to Thomas Jefferson, [ca. 24 June] 1801
From: Madison, James
To: Jefferson, Thomas

Dear Sir
[ca. 24 June 1801]
I suggested some time ago to Col. Habersham the objections to a Contract for 4 years for carrying the mail. His reply was that frequent contracts would not only be very troublesome, but by lessening the value of contracts, discourage good undertakers. He added that a clause in the contracts reserved to him a right at all time to make any of regulations he might chuse, making at the same time an equivalent change in the compensation. Still, however, the conversation, left him as I thought under the impression that the term of the contracts was to be shortened. I will renew the subject with him as soon as I can.
Presuming that the grounds stated for the pardon of Freeman were intended for the files only not for the instrument of the Pardon, the latter will be made out without specifying them. One of them, viz. that reciting the character of the testimony, may be delicate, both as it respects the Witness & the Court. The precedent of stating in the pardon the grounds of it, may also be embarrassing, as the omission may produce criticism, and the real grounds tho’ good, be often of a nature unfit or difficult to be precisely stated. With assurance of the most perfect respect and attachment I remain Yrs.
James Madison

   RC (DLC: Jefferson Papers). Conjectural date assigned on the basis of Jefferson’s docket, “recd June 2⟨4?⟩.”

   Lewis Freeman had been convicted in U.S. Circuit Court for the District of Connecticut 25 Sept. 1800 of altering a note of the Bank of the United States. He was sentenced to two years in prison and fined one hundred dollars. Jefferson pardoned him 20 June 1801 (DNA: RG 59, PPR).


Title: To James Madison from John M. Forbes, 24 June 1801
From: Forbes, John M.
To: Madison, James

Sir,
Capitol Hill June 24th. 1801.
I have the honor to inclose to you, a general recommendation, for the place I have Solicited (and which applies to any other of the Same kind) Signed by a number of Gentlemen of the first Commercial reputation in the City of New York, received by yesterday’s Mail. For five years past I have not had it in my power to Visit Boston, Massachusetts where I passed the first twenty years of my life. I feel no hesitation, however, in pledging my expectations that on application, I could obtain the friendly testimony of the most respectable Gentlemen of that Vicinity, of every Shade of political opinion. I had yesterday the honor to be presented to the President of the United States—he seems unwilling to make any appointments, not indispensably necessary, before the meeting of the Senate—a Different impression induced me to make a personal application at this moment and I beg, Sir, you will do me the justice to assure the President that I am very far from wishing to Surprize or importune him into an appointment he Could have any occasion to regret. I shall therefore Cheerfully wave any further instance, untill the Executive shall be fully prepared to make the Consular appointments. Shall from time to time take the liberty to forward to you Such recommendations as my friends may honor [me] with and beg leave respectfully to observe, that as these Commercial appointments lose their Value by a delay which Gives to European houses an opportunity to renew their Connections with this Country and lessens the Chance of Consignments to the public Agent, and as very Considerable previous arrangements are necessary to a foreign Commercial establishment, it is of the highest importance that the applicants should know, as soon as may be Consistent with the Views of Government, the probability of their obtaining any appointments and what places may be respectively assigned to them. On these points I Shall be extremely obliged to you for the earliest information and have the honor to be, With great Respect, Your obedient humble Servant
John. M. Forbes
It has been intimated to me that a Change is Contemplated in the Consulate at Lisbon and that an additional importance with some emoluments are to be given to that situation—this place Would be very acceptable to me.

   RC (NN). Enclosure not found.

   See William Lee to Samuel Smith, 16 June 1801 (DNA: RG 59, LAR, 1801–9).

   According to the lists probably made by Peter Force (DLC, series 7), Forbes wrote JM a three-page letter on 15 June, but the letter has not been found.

   Forbes, a Harvard classmate of John Quincy Adams’s and a moderate Federalist, was one of President Adams’s “midnight appointments.” The Senate had confirmed him as commercial agent at Le Havre in February 1801, but Jefferson replaced him with Peter Dobell. Forbes was named consul at Hamburg by Jefferson in 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:381, 385, 402, 406).


Title: To James Madison from Thomas Jefferson, 24 June 1801
From: Jefferson, Thomas
To: Madison, James

June 24. 1801.
Th: Jefferson returns to mr. Madison Erving’s letter to Genl. Dearborne, & approves of a commission to him as Consul at London. Where to find a competent successor for Lisbon he knows not, unless Gilman, who refused St. Domingo, will accept this. Perhaps Genl. Dearborne can judge. The place must be reserved for a man of real diplomatic abilities. Marchant’s case will be the subject of further consultation with mr. Madison. Th: J. sends a letter from Pierpoint Edwards for Messrs. Madison, Gallatin & Dearborne, ad legendum, & to be returned. The Hippè begins to be felt. As soon as the qualms of this are a little assuaged, another broken dose should be given. He sends to the same gentlemen mr. Paul’s application for a door keeper’s place & mr. Jones’s for a clerk’s or some other place. Knowing how they are overrun with these things, it is with reluctance he troubles them with them: but as those places are not within his cognisance, he must either refer the applications, or reject them, which would be thought hard, & might sometimes deprive the offices of an application of value. He makes this apology for the future as well as past references of this kind.

   RC (DLC).

   In early June Erving had accepted the consular post at Lisbon. After the decision to appoint him to London, the president retained Thomas Bulkeley in the Portuguese capital (Erving to Jefferson, 5 June 1801 [DLC: Jefferson Papers]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:248; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:308).

   Jefferson apparently referred to Nicholas Gilman of New Hampshire, whom Dearborn had recommended to the president (DNA: RG 59, LAR, 1801–9).

   Edwards had written from New Haven describing Federalist reaction to the removal of Elizur Goodrich and Samuel Bishop’s appointment as collector of the port there (Edwards to Jefferson, 10 June 1801 [DLC: Jefferson Papers]). On the controversy surrounding this change, see Malone, Jefferson and His TimeDumas Malone, Jefferson and His Time (6 vols.; Boston, 1948–81)., 4:75–79.


Title: To James Madison from William Vans Murray, 24 June 1801
From: Murray, William Vans
To: Madison, James

No. 4.
Sir,
Paris 24 june 1801.
From a conversation which I had to day with one of the French Plenipotentiaries I believe that neither they nor their Government will consent to the unconditional suppression of the Second Article.
To morrow I shall see two of the three together & if possible Mr. Talleyrand also.
I send this by post to Havre in the hope it may reach Captn. Rodgers before he sails. I have the honour to be with great respect Sir yr. most obt. servant &c &c
W V Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4). Docketed by Wagner as received 31 Aug.

   The Maryland sailed from Le Havre on 15 July (Charles Oscar Paullin, Commodore John Rodgers: Captain, Commodore, and Senior Officer of the American Navy, 1773–1838 [Cleveland, 1910], p. 70).


Title: To James Madison from Richard O’Brien, 24 June 1801
From: O’Brien, Richard
To: Madison, James

Esteemed Sir
Algiers the 24th. of June 1801.
My last letter from Consul Cathcart was dated the 17th. of april at that time nothing was arranged on our affairs. The Bashaw of Tripolis demands was very exorbitant and far beyond any lattitudes which Could be given to a Consul in Barbary, and agreeable to the Bashaws declaration the Corsairs of Tripoli would have his orders to Capture Americans. Report Says they have taken 3 Sail.

The dey has in January and april wrote two Strong letters to the Bashaw of Tripoli in favour of our affairs. They might in Some respects Check the plundering ideas of Tripoli but to arrange and Secure this business, it will be requisite on the part of the united States, to give an extraordinary present and for us to Shew a respectable force in this Sea.
The Same time this regency is growling and Snarling at me on account of The articles on the Annuities, not arriveing we being 2½ years in arrears and the dey has declared to me that our friendship entirely depended on this Event.
It is 10 Months, that I have no One letter from the department of State in fact Sir we have no funds or Credit that Can be depended on, but what is a Veering and howling business and depends on Circumstances. Our debts to the Bacris is Trifleing. Full details on all these affairs I forwarded to Govt. by the Ship Brutas Captain Brown which left Algiers in October last. And allso by The Washington which makes it needless to insert at present.
The Ship Grand Turk arrived from New york at Gibralter the 10th. of may and is affraid to proceed for Tunis on acct. of the Tripoli Corsairs. Mr Gavino has wrote to me on this business. I have Answered him that there is a state of necesity for said Ship to proceed to Sail with Convoy for Mahon and Malta, and if Seperated to Enter the ports of Oran Algiers Bona or Tunis. The Same time on account of the Alarm of Tripoli our Commerce has Suffered a great Shock Many of our Vessels is Sheltered in the ports of Spain and is affraid to proceed.
I am heartily tired of this Country. It is one year that I have sollicited that Govt. would Send a Consul to Algiers. I hope it will be attended to. My health will not admit of my Occupying My present post.
In August next we Shall have to make the two years present to the Regency. It will Cost the United States 16 thsd. dollars a new Consular present will Cost The Sum of 18 or 20 Thsd. dollars.
I am liveing in hopes of reliefe like unto a mariner on a wreck. I am Sir Very respectfully Your Most Obt Servt
Richard OBrien

   RC (DNA: RG 59, CD, Algiers, vol. 6). Docketed by Wagner as received 24 Sept.


Title: To James Madison from Samuel Harrison Smith, 24 June 1801
From: Smith, Samuel Harrison
To: Madison, James

Sir
Wednesday June 24. 1801
In consequence of the information you did me the favour to communicate thro’ Mr. Wagner in relation to Mr. Caldwell I immediately made known to him the probability of his being appointed to the consulate of Santo Domingo, if agreeable to him. I have this morning recd. his reply, signifying his disposition to accept the place. From the information furnished me by Mr. Wagner, it is probable some time may elapse before Mr. Caldwell receives the appointment. In the mean time I have the pleasure of enclosing Mr. Caldwell’s letter to me, to the enquiries made wherein, if a reply be necessary, I will with chearfulness be the organ, provided some other mode of communication be not preferred by you.
I should not have troubld you with this letter, had not indisposition prevented my waiting upon you. I am with sentiments of unfeigned esteem & respect Yr. obt. Servt.
Sam. H. Smith.

   RC (DLC). Enclosure not found.

   Jefferson named John E. Caldwell American commercial agent for the city of Santo Domingo early in July (John R. Smith to Jefferson, 5 Mar. 1801 [DNA: RG 59, LAR, 1801–9]; National Intelligencer, 5 July 1801).


Title: From James Madison to Albert Gallatin, 24 June 1801
From: Madison, James
To: Gallatin, Albert

Letter not found. 24 June 1801. Acknowledged in Gallatin to JM, 14 July 1801. Encloses requisition designating Willink, Van Staphorst, and Hubbard as bankers at Amsterdam to whom $50,000 will be remitted.


Title: From James Madison to Elbridge Gerry, [25 June] 1801
From: Madison, James
To: Gerry, Elbridge

[Washington, 25 June 1801]
… I am not acquainted with either the person, or the character of Mr. Corran. My respect for his Lady is nevertheless sufficient to give me all the interest in her wishes, which public considerations will permit. I shall consequently not fail to keep the President in mind of Mr. Corran as a candidate for the posts you mention. I must observe at the same time that there are so many applications … for the same Consulates …
I am glad to find that the measures of the President so far receive your full approbation…. The only intelligence we have which is not in the newspapers is the relapse of the King of G. B. into his mental imbecility. It is kept as much as possible a secret, but the fact is certain; nor is it much expected that he will ever be effectually cured of the malady….

   Printed extracts (Parke-Bernet Catalogue No. 1385 [25 Nov. 1952], item 201; Parke-Bernet Catalogue No. 2019 [21 Feb. 1961], item 308). Listed in 1952 catalogue as ALS, 2 pp. Dated 28 June 1801 in 1961 catalogue and listed as ALS, 4 pp.

   JM may have referred to the sea captain Corran who sometime after 1795 married Martha Blodget, widow of both Theodorick Bland and Nathan Blodget (WMQWilliam and Mary Quarterly., 1st ser., 9 [1900–1901]: 189).


Title: To James Madison from John Quincy Adams, 25 June 1801
From: Adams, John Quincy
To: Madison, James

Sir.
Hamburg 25. June 1801.
I have the honour to enclose copies of a letter from Mr: Engeström, the Swedish Minister at Berlin, which I received since my arrival here; and of my answer to him. You will perceive that his letter contains the renewal of a proposal made by the king of Sweden about eighteen months ago, for an arrangement between the United States, Sweden and Denmark, mutually to protect their commerce in the Mediterranean. The proposal was at that time declined, as it was conceived to militate with the engagements of the United States in the Treaties they had made with the barbary powers. The United States have since then experienced themselves how little reliance can be placed upon the faith of those Treaties, even when purchased at prices unusually burdensome. The expence of an armament like that proposed by the king of Sweden, would probably not be heavier than that of the tribute we have submitted to pay. It would be a more efficacious protection to our navigation in the mediterranean; and I presume, an expence infinitely more reconcileable to the feelings of every American.
Whatever the determination of the President upon this proposal may be, I have to intreat that the answer may be transmitted as speedily as possible. Perhaps the most convenient channel for the communication would be by a letter from you to Mr: Engeström, which may be forwarded to him through the Consul of the United States at this place. If it should be thought more expedient to take another course, it might be conveyed by the American to the Swedish Minister at Paris or at the Hague. In London there is at present no Minister from Sweden.
I expect to embark for Philadelphia, in the course of ten days or a fortnight; and remain, very respectfully, Sir, your most obedt: & humble Servt:
John Q. Adams.

   RC and enclosures (DNA: RG 59, DD, Prussia, Letters of J. Q. Adams); FC (MHi: Adams Papers). RC docketed by Wagner as received 18 Sept., with the notation: “To be answered.” Enclosures (2 pp., in French) are Laurent d’Engeström to Adams, 20 June 1801, and Adams to Engeström, 24 June 1801.


Title: To James Madison from Daniel Brent and Others, 25 June 1801
From: Brent, Daniel
To: Madison, James

June 25th. 1801
The underwritten, Clerks in the Department of State, beg leave to remind the Secretary, that an additional allowance of Fifteen prCent to the annual compensation which has heretofore been received by the Clerks of this Office was appropriated by Congress at its last Session, to be distributed among them as the Head of the Department might think proper; and that this additional allowance originated in, and was founded upon the representation made by them, in conjunction with the Clerks of most of the other executive Offices of the Government. They therefore beg leave to express their hope, that the Secretary will think proper, in coincidence with the views under which Congress granted the money, to distribute it among the underwritten in such proportions as may seem just and reasonable.
Danl Brent. [and four others]

   RC (DLC). In Stephen Pleasonton’s hand.

   An act of 3 Mar. 1801, making governmental appropriations for the year, contained a paragraph allotting $11,885 in additional discretionary compensation for the clerks of the state, war, navy, and treasury departments and postmaster general’s office—not to exceed 15 percent of their established salaries (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:119). On the long-term effort to raise the salaries of federal clerks and establish parity among the departments, see Cunningham, Process of Government under Jefferson, pp. 155–64.

   JM wrote opposite Brent’s name: “Seamen 800.” He also wrote notes and figures opposite the other four signatures and added one name:

“good copyist

 military land
600 + 200
Stephen Pleasonton

 do.
600 + 150
Jno C Miller

 land
650 + 150
Christopher S. Thom

 good copy[i]st
600 + 100
William Crawford

900
—— Kemble.”


Title: To James Madison from John Dawson, 25 June 1801
From: Dawson, John
To: Madison, James

Dear Sir
Paris—June 25 1801.
Before this you are fix’d at the seat of goverment and I hope in a manner agreeable to yourself and to Mrs. Madison, to whom I pray you to present me with much esteem.
I have just seald a letter directed to the Secretary of state. This is intended for yourself, and our friend Mr Jefferson.
A strange and mysterious delay has taken place relative to the ratification to the causes of which I am in some measure a stranger, as every thing on the part of our minister has been conceal’d from me in the most studi’d manner. I was taught to believe that it woud take place three weeks ago and still think that it is owing more to an attention to forms than to any real objections, or to an unfriendly disposition in this goverment—other causes may operate. Delays are allways injurious to the public tho sometimes convenient to individuals. I refer you to Mr. Purviance, who will hand you this—who is well acquainted with affairs in this country, and in whom entire confidence is to be plac’d in every respect.
Since my arrival many applications have been made to me for recommendations to office. It is what I shoud do at all times with caution, and especially w[h]ere I am not personally acquainted—however from representations which have been made to me I think it my duty to mention the following persons. Cathalan as Consul at Marsaills—Dobré at Nantz—John Appleton at Dunkirk &c—Cutting at Havre—and Fenwick, against whom I believe many reports unfounded for Bordeaux. I have found Mr. Barlow a very able and upright man, and do believe that Mr. Swan might be employd in a manner usefull to the U. S. Mr. Jefferson is acquainted I think with all the above mention[ed] Gentlemen. From Lafayette, Volney, Kosciousko and Adet I have recievd the most convin[c]ing proofs of their attatchment to our country. I presume it is known to you that Tripoli has declard war against the U. S. and that she will be supported by the other powers of Barbary.
A treaty was signd with Portugal on the 8 Int, which has been ratifyd by Spain, and awaits the decision of this goverment which is said not to be well pleasd with it. The first Consul is discontended [sic] with the holy father, and thinks the surrender of all temporal power orthodox—his holiness differs in opinion. A French army has enter’d Rome, and a Roman Envoy Paris. You will judge the result of the argument at this day. An invasion of England is spoken off [sic] with confidence, and to judge from the preparations on the coast, and the marching of armies from the frontiers is seriously contemplated. At the same time couriers are constantly passing between the two goverments and peace is daily expected by many. The death of Paul premier may be considerd as a great event. It unhingd the coalition ⟨of⟩ the north, and it is uncertain whether and when it will cement, as his successor has not discoverd his character and partialities.
I realy begin to be tir’d of the vices of civilisation, and think I woud retire to the wilds of the Missisippi, after the next session, if a successor has not been appointed to Mr. Sargeant. Health & friendly salutations
J Dawson.

   RC (DLC). Docketed by JM.

   Letter not found.

   John Henry Purviance, in 1795 Monroe’s private secretary in France, now sought a position in the Jefferson administration (Ammon, James Monroe, pp. 143, 196).

   Dawson landed at Le Havre 9 May and reached Paris the thirteenth (Mountflorence to JM, 17 May 1801).

   Stephen Cathalan, Jr., served as vice-consul after 1790 and then, under Jefferson, as commercial agent in Marseilles; P. F. Dobrée had been appointed vice-consul at Nantes in May 1794; Nathaniel Cutting of Massachusetts was Washington’s choice as consul at Le Havre in February 1793; Appleton was confirmed as consul at Calais in February 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:48, 129, 158, 403, 406).

   The Treaty of Badajoz, establishing a truce in the War of Oranges, actually was signed 6 June. Portugal agreed to terms that included garrisoning some of its ports with French troops and closing its harbors to British shipping. In the Treaty of Madrid, September 1801, France agreed to final Spanish-Portuguese peace terms.

   On 15 July 1801, ending a long struggle, France and the Papacy signed a concordat by which the church was to retain most of its papal states in Italy and the first consul was to exercise considerable authority over the French clergy—the government paying salaries and nominating bishops, while recognizing Catholicism as the official French religion. The agreement was not ratified until April of the following year (Alexandre de Clercq, ed., Recueil des traités de la France [23 vols.; Paris, 1880–1917], 1:446–49).


Title: To James Madison from James Swan, [25 June] 1801
From: Swan, James
To: Madison, James

[Paris, 25 June 1801]
… I had the honor of writing you by Mr. Pichon, requesting your protection in my being named to the Council Generalship in France. Now that you are Secretary of State, I may do it, with more direct effect.
If Mr. Skipwith wishes to be re-named, and the President consents, I withdraw all pretensions. Indeed I will stand in the way of no one, unless you should think I could serve the interest of the Government & of the citizens of our States, better than any other, & this I pretend to, Mr. Skipwith excepted. It requires a long time before one, quite a stranger, could obtain those acquaintances of the manner of conducting Business in the Bureaux, so as to promise even small benefits to claimants by others. I have been necessitated to both from my own affaires, as well as from those I transacted formerly for France, and in assuring you of the means I possess to be usefull, I am sure of the facts.…

   Printed extract (American Art Association Catalogue No. 7799, Frederick B. McGuire Collection [1917], item 147). Listed as ALS, 1 p. Extract also printed in American Art Association–Anderson Galleries Catalogue No. 4217, Library of Mr. and Mrs. William A. Read (1936), item 359.

   Letter not found.

   Scottish-born James Swan had lived in Boston and during the Revolution acted as a purchasing agent for the French. A longtime resident of Paris, he hoped to receive an official appointment, although Monroe had denounced him as “a corrupt unprincipled rascal” in 1795 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11—, Charlottesville, Va., 1977—)., 15:358 n. 1).


Title: From James Madison to Israel Whelen, 26 June 1801
From: Madison, James
To: Whelen, Israel

Sir
Department of state: Washington, 26 June 1801.
Mr. Marbury reports, that he cannot have the beams shipped so as to reach you under three weeks, nor the remainder of the cordage under five weeks. After all, as the beams, when reduced, would not be quite clear of sap, and the freight high, it would not be adviseable perhaps to send them, if it could be seasonably done. They were never designed by this Department for the George Washington.
There are nearly five tons of cordage in the Navy stores at Philadelphia; and if it be suitable and you have not yet comprehended it in your estimate, you may make use of it. The correspondent orders are given by the Navy Department. You will purchase the remainder: and abandon the expectation of receiving any more from hence, except the cables.
If any quantity of timber, which may be had at New York, should be wanting to complete the cargo, I have no objection to her proceeding thither to take it in; especially as it is wished that the vessel, loading by Colo. Stephens, may sail under her convoy. I am very respectfully, Sir, Your most obed. servt.
James Madison

   RC (NN). In Wagner’s hand, signed and franked by JM.


Title: To James Madison from Elijah Russell, 27 June 1801
From: Russell, Elijah
To: Madison, James

Concord, N H. June 27. 1801.
Permit me, Sir, to enclose you the Republican Gazette—a paper which, so far as the abilities of the Editor will admit, is devoted and compiled for the defence of those principles, which urged the Friends of Natural Liberty into the Field of Contest, and the support of which has brought upon them the implacable hatred of a British Faction, and the illiberal abuse of the enemies of Republicanism in liberal profusion. Should you feel disposed to encourage a paper of this stamp in this quarter of the Union, (where anti-republican principles have taken deep root) by ordering the publication in it of such public matters as come within your right of disposal, this perhaps might enable the printer to enlarge his sheet to a respectable size. You will pardon me for suggesting a query, on the propriety of the laws and public acts of a Government being published in a paper, which is decidedly and rigidly devoted to the abuse and slander of the chief executive of that Government? Such a consideration, gives but a miserable encouragement to those who advocate the government, and thereby draw on themselves the curses of all its enemies: who, in two instances (in Newhampshire newspapers) are paid liberally for dealing out their scandalous defamation against the President, and all Republicans. But the friends of the Cause, anticipate alterations, if proper. Every command with which you may be pleased to honor me, will be gratefully attended to by, Sir, Your very humble servant,
Elijah Russell.

   RC (ViU: McGregor Library).

   Russell founded the Concord Republican Gazette in early February 1801; the paper died with him in the spring of 1803 (Brigham, History and Bibliography of American Newspapers, 1:446).


Title: To James Madison from Thomas Bulkeley, 27 June 1801 (Abstract)
From: Bulkeley, Thomas
To: Madison, James

27 June 1801, Lisbon. Reports peace has been announced in Madrid, and hostilities have ceased despite private reports of Lucien Bonaparte’s protests. Discusses purported terms of settlement and indications of its unraveling. A British fleet arrived the day before to blockade Cádiz; Alexandria reportedly is besieged. Encloses newspaper announcing the death of prince of Beira.

   RC (DNA: RG 59, CD, Lisbon, vol. 1). 3 pp.; cover marked private and “per the Schooner Friends … via Norfolk”; docketed by Wagner as received 12 Sept.

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


Title: From James Madison to Benjamin Rush, 28 June 1801
From: Madison, James
To: Rush, Benjamin

Dear Sir
Washington June 28. 1801
I have received your favor of the 23d. instant, inclosing one of the 15th. from Mr. Webster. The subject of Quarantine laws in Europe which oppress our commerce, had been brought to the attention of the Executive by suggestions from a Consul in Lisbon; and some arrangements have been under consideration for diminishing if not removing the evil. The interesting remarks in your letters, will receive the attention which is due to them. It seems particularly worthy of consideration whether the fact, that vessels sailing before a given day in the summer, can never contain the yellow fever, may not be so clearly proven to foreign Govts. as to exempt such vessels from quarantine. It seems particularly important also, where no yellow fever exists in a port, to add to the ordinary bill of health for the vessel receiving it; an authenticated certificate of the purity of the port itself. It is to be regretted that the time is now so limited, as not to admit of a fuller provision before the sickley or suspicious period will arrive. Accept Sir my acknowledgments for the cordial expressions of your letter, and assurances of the great respect & regard with which I am Yours
James Madison

   RC (NcD-MC).

   See Gallatin to JM, ca. 1 July 1801.


Title: To James Madison from William Eaton, 28 June 1801
From: Eaton, William
To: Madison, James

Sir,
Tunis 28. June 1801.
On the night of the eighteenth instant a fire broke out in the Bey’s Palace which in its progress consumed fifty thousand stands of small arms. The Second day following I recieved a message to wait on the Bey; but was at that moment confined to my bed with a billious fever so that it was not till this morning I have been able to go in my carriage to the Palace. The Bey’s object in calling on me was to demand of the United States ten thousand stands of arms. I refused to state his demand. “I have proportioned my loss” said he “among my friends, and this falls to you to furnish. Tell your Government to send them without delay.” It is impossible, said I, to state this claim to my Government. We have no magazines of Small arms; the organization of our national Strength is different from that of any other nation on earth. Each Citizen carries his own arms always ready for battle. When threat[e]ned with an invasion or actually invaded detachments from the whole national body are sent by rotation to Serve in the field—so that we have no need of standing armies nor depositories of arms. It would be an affront to my Government, and a imposition on the Bey to State to them this demand or to flatter him with a prospect of recieving it. “Send for them to France or England” Said the Minister. You are in a much more elegible position to make this commission to Europe than we are, said I. “If the Bey had any intentions of purchasing the Arms from Europe,” Said the Minister “he could do it without your Agency. He did not send for you to ask your advise but to order you to communicate his demands to your Government.” And I came here, said I, to assure you that I will make no such communication to my Government. “The Bey will write himself” Said he. If so, it will become my duty to forward his letter, but at the same time it is equally obligatory on me to let the Bey be aforehand apprized that he will never recieve a Single musket from the United States. I should Suppose a sense of decency if not of gratitude would disuade the Bey from this new extravagant claim. Has he not within eighteen months recieved two large Ships cargos in Regalia have we not now another Ship laden for him on its passage—And has he not within Sixty days demanded Cannon extraordinary of the U. S.? At this rate when are our payments to have an end? “Never” Said the Minister. “As to the Ships you talk of they are but the part payment of Regalia you have long since owed us as the condition of peace. The other claims we make are such as we recieve from all friendly nations once every two or three years—it is an established custom. And you like others will be obliged to conform to it.” When we shall have completed the payment of our peace Stipulations you may never calculate on further donations. It is by treaty considered as the condition of a perpetual peace and any new claims on your part will be at least an infraction of the Treaty and will be so considered by us. You may therefore at once and for ever abandon the idea of future claims. For I again assure you in the name of my Government and Country that the discharge of our treaty obligations will put an end to our contributions here. “Your contributions, as you think proper to call them,[”] said the Minister [“]will never have an end. If this be the language you think of holding at this Court you may prepare yourself to leave the Country and that very Soon.[”] If Change of Stile on my part, Said I, be the condition of residence here I will leave the Bey’s Kingdom tomorrow morning. “We will give you a month” said the Minister. I ask but Six hours I replied. “But you will write?” No. “But it is your duty to write.” For deficiency in duty this is not the place where I am to be questioned. “I tell you again,” continued he “your peace depends on your compliance with this demand of my Master.” If so said I, on me be the responsibility of breaking the peace. I wish you a good morning. Leaving the palace I heard the minister say to one of his colleagues “By God that man is mad! But we shall bring him to terms—never fear.” I don’t know how this affair will end. I shall not change my position. I have the honor to be, Sir, with perfect respect your Mo. Obed. servt
William Eaton

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH); Tr (CSmH). RC marked duplicate; in a clerk’s hand, except for last five lines of letter, complimentary close, and signature in Eaton’s hand; docketed by O’Brien at Algiers 14 July and by Wagner as received 7 Oct. Tr marked: “Accompanying the petition of William Eaton, presented the 20th. of Feby. 1804.”


Title: From James Madison to Samuel Williams, 29 June 1801
From: Madison, James
To: Williams, Samuel

Sir,
Department of State Washington 29th. June 1801
The President has thought proper to appoint George W. Erving of Massachusetts, Consul for the United States at the Port of London, and has directed me to acquaint you that both your commission as Consul, and your appointment as Agent for claims and appeals, will cease on his arrival. Mr. Erving will sail, it is expected in two or three weeks. From this probability you will be able to estimate the time at which you will be relieved.
By the letter from the Secretary of State, dated January 11th. 1798 it appears that you were particularly instructed to be punctual in your correspondence with this Department and to transmit your accounts quarterly on the first days of January April, July, and October annually. Notwithstanding the manifest propriety of frequent transmissions of accounts and the sanction of this authority, it is found that not a single statement has been received since your appointment. The surprise is the greater as the accounts of Messrs. Bird, Savage and Bird, show that you have previously to the 1st. of July last had advances from them amounting to upwards of 88,000 dollars. It appears even that not a line from you on any subject has been received by this Department since the 29th. of November last, nor for some time previously, with any degree of frequency.

The President expects that you will close your public trusts by a full and precise state of all your pecuniary transactions; and an early settlement of them with the Treasury of the United States. Any monies received in virtue of your appointment, either as Consul or Agent, you will pay over or deposit as Mr. King may direct.
The Documents and papers belonging to the Consulate you will of course deliver to your successor. With respect to those which belong to the Agency, relative to claims and appeals, instructions will be communicated by your Consular successor on his arrival. I am, Sir, &c &c
James Madison

   Letterbook copy (DNA: RG 59, IC, vol. 1). RC offered for sale in Heartman Catalogue No. 193 (1 Jan. 1927), item 274 (misdated 29 June 1800).


Title: To James Madison from Francis Hoskins, 29 June 1801
From: Hoskins, Francis
To: Madison, James

Honored Sir
Philadelphia June 29th. 1801.
I humbly request you’ll Accept the Inclosed Tables addressed to you. Also I send to your care the letter and inclosed Tables for his Excellency the President. I left them open for your Inspection, to seal present them and Act the needful as to your better Judgment shall seem ⟨f⟩it, that your employment may be long and happy is the sincere wish of him who is Sir—with sentiments of great respect your much obliged and most obedient Servt.
Francis Hoskins
P. S. Gen. Proctor will Inform my Honesty Integrity and abilities. He lately got an employ from the Governor. I had the Honor of an Interv[i]ew with the President in April 1800. when I showed him an Easter table with the other moveab⟨le⟩ feasts calculated for 300 years, on a new plan in 35 lines—and other Improvements in Navigation, &c.
E⟨xc⟩use bad paper. I hope to present you tables wrote on better, and without folds. I present you with a second table that you may give one to a friend.

   RC (DNA: RG 59, ML). Enclosure not found, but see n. 1.

   Hoskins to Jefferson, 29 June 1801, not found, but in a document docketed by Jefferson as the enclosure to that letter, Hoskins calculated the size and weight of the earth and the value of the globe in gold in various leading currencies and then figured the compounded interest that would accumulate on one dollar from 10 to 1,325 years, 267 days, and one hour—when that amount would equal the value of the earth in gold. Hoskins placed the value of a pound (avoirdupois weight) of gold at £58 1s. 3d. sterling (DLC: Jefferson Papers).


Title: To James Madison from Edmund Randolph, 29 June 1801
From: Randolph, Edmund
To: Madison, James

My dear sir
Richmond June 29. 1801.
I beg you to attribute my late delay to any thing, but inattention to your wishes. I have not only been hurried off from home, since I wrote to you last, but returned, and found another court, which, from the involution of jurisdictions by the Act of the Congress, which expired with Adams, I had utterly forgotten.
In your favor of March 25. 1801. the three additional questions, of which I inclose a copy, are made. Altho’ they may be touched in my original letter, I answer thus.
1. Where lands are brought into hotchpot by the operation of law in case of an intestacy, the value at the time of the advancement—not at the time of the division—prevails. This has been adjudged. The same rule holds, where the hotchpot is created by a will; unless the will creates a different mode.
2. The bequest of negroes and other personal estate to the testator’s children does not exclude the representatives of those, who died between the date of the will and his death.
3. The county-court sitting in chancery has a jurisdiction in matters of partition, commensurate with the high court of chancery, where the parties (defendants) are within the reach of its process. Partition is a source of chancery-cognizance; and infants and all persons may be bound by a decree, rendered in the usual stile of an amicable suit. So too partition may be enforced at common law under our act of assembly. But a sale of real estate is impracticable, on the principle of mere convenience. Debts, for which the heirs are bound, as specialties under seal, may demand satisfaction, out of the real estate, by an action of debt at common law against the heirs, or even a bill in chancery: but real estate will not be suffered to be taken, while the personal estate is sufficient. No other debts, than those founded upon such specialties can subject real estate.
Whatsoever is to be done in chancery will be more accurately and with equal expedition done here. Mr. Wythe would settle any business of this kind in vacation.
You notice in your letter of April 23. 1801. my reference to Hoomes v Hoomes, as being difficult to reconcile with the subjoined observations. The purpose of the quotation was to shew, that legacies in a residuum do not lapse, as in ordinary cases; because the survivors take it. Still, however, the representatives of children born between the date of the testator’s will and death may be, as they here seem to me to be, let in by the will to a succession to their parents share.

I thank [you] for the new specimen of Mr. Jefferson’s talents. I am ever my dear sir Yrs. very warmly
E. R.

   RC (DLC). Enclosure not found.

   The quarterly federal district court for Virginia was scheduled to convene in Richmond 16 June 1801. Congress in February had divided Virginia into two parts for purposes of circuit court sessions and had created two new district courts to serve counties lying near Alexandria and Norfolk (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:74, 2:90, 96).

   George Wythe was then chancellor of Virginia.

   Randolph referred to Jefferson’s Manual of Parliamentary Practice (see Randolph to JM, 8 June 1801).


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

29 June 1801, Madrid. No. 280. Acknowledges Lincoln’s dispatch of 17 Mar. Reports that, pursuant to it, he visited Spanish court and announced his departure. Notes he then conveyed president’s sentiments regarding Yrujo, reiterated the American proposal of a commission to decide on claims of U.S. citizens against Spanish government, and repeated his observations, as he had done on all convenient occasions, “on the impolicy of the cession of Luissiania by Spain to France, according to the desire of all the different Governments which have successively existed in the latter, since the commencement of its Revolution. For it has been supposed that a change in the dispositions on this question may take place by the final arrangement, in consequence of the giving of Ships & money to France by Spain or from other causes.” Reports in postscript refusal of France to accept Spanish-Portuguese peace terms.

   RC (DNA: RG 59, DD, Spain, vol. 5). 7 pp.; docketed by Wagner as received 11 Dec.


Title: To James Madison from Aaron Burr, [30 June] 1801
From: Burr, Aaron
To: Madison, James

[New York, 30 June 1801]
… I am goaded with letters from Connecticut & Vermont respecting the department of Post Office which they pronounce to be a grievance intolerable—our friends in those States say that they can make no use of that mode of Conveyance while in the present hands—Col. Robinson & Mr Selden, two Very respectable men of Vermont have written me several letters on this subject, and they have desired me to communicate to you also the following fact—That Sam & Jas Hicks (good repub?) used for many years to carry the mail from Albany to Rutland but about three or four years ago were refused that employments from political reasons only—Robinson & Selden wish that the Hicks[e]s may be reinstated.
Genl John Heard, of Woodbridge N. Jersey, has written me some hard reproaches because I did not recommend him for Collector of Amboy & now begs me to offer his name as Candidate for office of Marshall. It was from no prejudice against the General that I did not mention his name; but merely from an extreme reluctance to meddle in these things.… It is but justice to him to say that he served honorably in our army throughout the Revolutionary War.…

   Printed extract (American Art Association Catalogue No. 7799, Frederick B. McGuire Collection [1917], item 19). Listed as an ALS, 2 pp., “relating to the appointment of post-office officials, mentions public men of the day, introducing a Mr. Gilston.”

   See Robinson to JM, 31 Mar. 1801.

   Burr may have referred to Andrew Selden, who in 1794–95 sat on important committees as a Vermont legislator and after 1811 probably edited a Bennington newspaper (Records of the Governor and Council of the State of Vermont [6 vols.; Montpelier, 1876], 4:64, 87; Brigham, History and Bibliography of American Newspapers, 2:1073).


Title: To James Madison from James Monroe, 30 June 1801
From: Monroe, James
To: Madison, James

Dear Sir
Richmond June 30. 1801.
On my return from Albemarle two days since I found the enclosed from Mr. Forbes which I beg to submit to yr. consideration. I was well acquainted with Mr. Forbes in France, and considered him one of the best informed & most deserving of our countrymen at that time in that country. He was educated at Cambridge in Mass: and bred to the law, wh. he declined in favor of commerce, having at the time favorable prospects presented to him. I did not know when in Europe to wh. of our parties he properly belonged, and saw so many proofs of his liberality & candor, supported by a just sense of propriety, to be persuaded that he formed his opinions on principle alone, to wh. he adhered. In communicating to me sometime since his wish for such an appointment he classed himself as a moderatist in the federal party. I consider him a republican at heart, and am satisfied he made the above declaration on motives the most honorable to himself. I mentioned these circumstances to the President when last I saw him, in favor of Mr. Forbes, by whom I have no doubt they are remembered, and will be attended to, as far as circumstances will permit. Still I consider it an act of justice to the merit of that gentn. to communicate the same to you. I am dear Sir sincerely yours.
Jas. Monroe
On a review of Mr. Forbes’s letter I perceive you are already possessed of the paper from N. York. I think I have heretofore intimated my opinion of Mr. Tauney, which was also highly in his favor.

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

   Monroe referred to Francis L. Taney of Maryland, whom Jefferson commissioned to be commercial agent at Ostend 23 July (Taney to JM, 14 Dec. 1801 [DNA: RG 59, ML]).


Title: To James Madison from Samuel Smith, 30 June 1801
From: Smith, Samuel
To: Madison, James

Dr. sir,
Balte. 30. June 1801
Capt. Harding delivered me your letter. I fear I Can render him little service.
The Inclosed letter was recd. by my house within those few days. The Writer has been some Years in Paris, is a Gentleman of Intelligence & respectability—he has dipped in Politicks. He doubts the treaty being Confirmed in any other Way than—in toto.
The News this Day from Egypt gives Compleat Victory to the French. It kills sir Ralph—tomorrow all may be the other Way. The Death of Englands King would bring about an Immediate Peace—if he lives the War may linger out another season. It Cannot be Active. Your friend & servt.
S: Smith

   RC (DLC). Enclosure not found.

   Letter not found.

   Smith doubtless received the corrected report that Abercromby had defeated the French army at Alexandria. The British general died 28 Mar. of a wound received in the battle.


Title: From James Madison to Rufus King, 30 June 1801 (Abstract)
From: Madison, James
To: King, Rufus

30 June 1801, Department of State. Encloses letter to Samuel Williams and refers the matter of Williams’s recall to King’s attention.

   RC (CSmH); letterbook copy (DNA: RG 59, IC, vol. 1). RC 1 p.; in a clerk’s hand, signed by JM. Enclosed JM to Williams, 29 June 1801.


Title: To James Madison from Isaac Cox Barnet, 30 June 1801 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

30 June 1801, Bordeaux. Transmits duplicate of last dispatch with packet from Cathalan. Decision of minister of marine on seamen at Rochefort and Saumur still unknown. Three at Rochefort deserted from the Eagle, and report of one seaman is enclosed. Has received no reply from Murray on the Lloyd family, whom he continues to support. Local commissary has referred Burley case to ministers of justice and exterior relations for instructions but has received no reply yet. Encloses copy of declaration by Burley. Complains that local ship brokers take the letters brought by U.S. vessels and make first delivery to their friends, to detriment of others; suggests they be delivered immediately to consulate. Captain of schooner Sarah, which sailed from New York on 5 Mar., upon sighting suspicious vessel, arbitrarily tossed letters overboard; reported to Barnet that seven or eight were for him. Has learned from Mountflorence’s 24 June letter that exchange of ratifications has not taken place. Local market dull; greatest activity of trade involving American cargoes has been in India dry goods. Transmits French gazettes.

   RC and enclosures (DNA: RG 59, Bordeaux, vol. 1). RC 7 pp. Copy (ibid.) docketed by Wagner as received 9 Oct. Numbered enclosures partly in French.


Title: To James Madison from George Gibbs and Walter Channing, 30 June 1801 (Abstract)
From: Gibbs, George,Channing, Walter
To: Madison, James

30 June 1801, Newport. Transmits papers concerning the capture of ship Hercules Courtenay by a Spanish gunboat and a French privateer and the legal proceedings at Algeciras. Complains that blockade of Gibraltar has not existed in fact but has served as pretext to plunder property of neutral nations.

   Letterbook copy (RNHi: Gibbs and Channing Letterbook). 2 pp. Printed in Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 7:264–65. Enclosures not found.


Title: To James Madison from William Kirkpatrick, 30 June 1801 (Abstract)
From: Kirkpatrick, William
To: Madison, James

30 June 1801, Málaga. Transmits duplicates of his letters of 28 May and 9 June. Encloses a return of vessels in port from 1 Jan. to 30 June with times of arrival [not found]. Enclosed letters from Cathcart and Eaton report Tripoli has declared war on U.S. Expects frigates will soon arrive to protect extensive U.S. trade. Encloses account of his disbursements during last six months totaling $72.10 and previous one of $125.60 [not found]. Though peace between Spain and Portugal is concluded, French troops continue to enter Spain. Notes contradictory reports from Egypt.

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 2 pp.; docketed by Wagner as received 8 Oct. Enclosures (2 pp.), copies of Cathcart’s two 11 May circular letters with an appended 26 May letter from Eaton, are endorsed by William Willis as a true copy.

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


Title: To James Madison from William Loughton Smith, 30 June 1801 (Abstract)
From: Smith, William Loughton
To: Madison, James

30 June 1801, Lisbon. No. 50. Transmits official word to U.S. government of the death of the prince of Beira. Speculates that Napoleon will refuse to ratify peace treaty signed at Badajoz. Encloses copy of letter received from O’Brien, dated 24 May, but does not share O’Brien’s hope that dey of Algiers will be helpful in mediating U.S. conflict with Tripoli. Fears that some American merchantmen will fall victim to the “insatiable cupidity of the faithless Bashaw, who, three Years ago, humbled himself to the dust before a Portuguese Captain, and now menaces and insults the United States.” Reports body of French troops, embarked at Cádiz on Spanish ships, headed for either Egypt or Lisbon. Encloses newspaper account of events in Egypt.

   RC and enclosures (DNA: RG 59, DD, Portugal, vol. 5). RC 3 pp.; in a clerk’s hand, signed by Smith; docketed by Wagner as received 14 Aug. Enclosures 3 pp.