Title: To James Madison from William Moultrie, 5 April 1803 (Abstract)
From: Moultrie, William
To: Madison, James

5 April 1803, Charleston. Returns his commission as bankruptcy commissioner. “As Tis a business that requires much time and attention, it will be very inconvenient for me.” Recommends John Webb, who was appointed to the position by Judge Bee “some time ago” but was superseded by the recent appointment. “He is a man of integrity and the only one now in the Commission of this State that has been bred a merchant.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Moultrie”). 1 p. Docketed by Jefferson. In a 5 Apr. 1803 letter to JM, John Webb stated he had just been informed by Moultrie of his intention to resign as bankruptcy commissioner. Webb offered himself as a candidate for the post and promised to merit the confidence of “every good Man” (ibid., filed under “Webb”; 1 p.).


Title: To James Madison from William Savage, 5 April 1803 (Abstract)
From: Savage, William
To: Madison, James

5 April 1803, Kingston, Jamaica. Last wrote on 25 Jan. Encloses his quarterly account to 31 Mar. in the amount of $250.83 [not found]. A report prevails that the U.S. government is contemplating a law excluding “the landing of all Negroes & free persons of Colour.” Should such a law have been deemed necessary and be in force, he requests instructions “as to these free Negroes & people of Colour natives of the United States, which are continually leaving this for the united States, & further if persons resident here whose Health requires change of Air & embark for America, whether their demisks [domestics] will be prevented landing.” Requests an early reply.

   RC (DNA: RG 59, CD, Kingston, Jamaica, vol. 1); duplicate (NjP: Crane Collection). RC 1 p. Docketed by Brent as received 13 June.

   Savage may have been referring to his letter to JM of 21 Jan. 1803.

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


Title: To James Madison from Robert Smith, 5 April 1803 (Abstract)
From: Smith, Robert
To: Madison, James

5 April 1803, Navy Department. Encloses a letter “this day received” from Israel Whelen in reply to a 26 Mar. letter from Smith requesting information about the stores due to the dey of Algiers. “As the subject is new to us, I beg the favor of you to let Mr Wagner make out a list of the articles wanted.”

   RC and enclosure (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Letters to Secretary of State). RC 1 p. In a clerk’s hand, signed by Smith. Docketed by Wagner as received 6 Apr. For enclosure, see n. 1.

   Smith enclosed a 31 Mar. 1803 letter from Israel Whelen (3 pp.), reporting that the latter’s only information on “the Algerine business” came from the State Department and in two letters from O’Brien. O’Brien’s first letter, which was undated, was received on 24 Dec. 1800, contained copies of earlier dispatches, and repeated the complaints of the dey on the quality of articles previously sent. O’Brien’s 18 May 1802 letter, received on 16 Aug. 1802, noted that they were still awaiting the spikes, timber, plank, and other commissioned articles for the annuity as well as “sundry Articles intended as presents to aid the settling the Annuities.” Whelen informed Smith that he had a “very extensive list” of oak and pine timber sent by Secretary of State John Marshall on 28 Oct. 1800. A “considerable part” of the oak was shipped on the George Washington. Invoices and other related papers were in the State Department, so far as he knew. The irregular shape of much of the oak made it difficult to obtain, and the room it required “occasioned the freight to be enormous.” From what he had seen of the accounts transmitted by O’Brien, he wrote, “many articles were credited at but one third or fourth part of the cost here, counting nothing for the freight or cost of presents that Mr. OBrien represented as necessary to obtain even that allowance.” Spikes could be obtained cheaply in Philadelphia, but timber would be difficult and expensive, and cutting it to the required pattern would “require considerable time.” He suggested Wagner could furnish more information on the business than anyone else.


Title: From James Madison to Albert Gallatin, 6 April 1803
From: Madison, James
To: Gallatin, Albert

Sir.
Department of State 6 April 1803.
I have the honor to enclose estimates of the sums necessary to be remitted to London and Amsterdam respectively, for nine month’s service, commencing from the beginning of the present year: you will be pleased therefore to cause the remittances to be made; that destined for London to be placed in the hands of the Depository of the Treasury funds, and the other in the hands of Messrs: Vanstaphorst and Hubbard. I have the honor to be &ca.
James Madison.

[Enclosure]

Remittances to be made to Amsterdam computed for Nine Months.

Diplomatic.

For the Salary of the Minister at Madrid
$ 6.750.

 "  his Secretary
  1.012.50.

 "  his Contingencies
   450
8 212.50

For the Salary of the Minister at Paris his Secretary and Contingencies the same sum
}

8 212.50

For Mr. Monroes expences (Note he is authorized for them upon either London or Amsterdam[)]
}
3.000.

Captures.

For the Salary of the Agent of Claims at Paris at $2000 ⅌ annum
}
1.500.

For the same for Moses Young the Agent of Claims at Madrid from about the 1st. February 1802 till 1st. Novr. next at 1,350 Dol.
}
2.362.50

Seamen.

For Consular expenditures on account of seamen

  1.000.

$24.287.50

Remittance to be made to London for the like space.

For Mr. King for one Quarter and a second quarters allowance for his return
}
4.500.

For a charge d’Affaires say six months

2.250.

A Secretary for nine months

1.012.50

For Contingencies

450.

For Mr. Monroes expences in the event of his drawing on London
}
  3.000.

11.212.50

Captures

 "  Salary of the Agent of Claims @ 2000

1.500.0

Seamen

For Consular expenditures on account of seamen

1.000.

7th Article of the British Treaty

Salary and expences of the Board of Commissioners in London
}
19.175

From which deduct the expenses paid by the United States as the Salary of the 5th. Commissioner under the 6th article of the British Treaty and for the expenses of the Board beyond our proportion & which Great Britain ought to reimburse towards the same heads of expence accruing under the 7th. article of the same treaty, so as we are bound to pay them—say
}
15.000

4.175

$17.887.50

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


Title: From James Madison to Christopher Gore, 6 April 1803
From: Madison, James
To: Gore, Christopher

Sir,
Department of State 6 April 1803
Within a few days past the Secretary of the Treasury received information of the failure of Messrs. Bird, Savage & Bird, and yesterday Mr. Kings letter on that subject came to hand. As this event will have embarrassed our pecuniary arrangements and render a prompt supply necessary, the Secretary of the Treasury has consented to direct you to hold the sum of $17,887 50/100 of former remittances at the disposal of this Department. He will of course indicate the sum included under each head of service and the manner of accounting for the money: and the inclosed estimate will in like manner explain the various objects comprehended under each general head. You will observe that nothing is estimated for payments to Proctors, to which omission the inducement was, information received from Mr. Erving that the payments which would soon accrue to the United States for sums advanced by them on the causes would form an abundant fund for their compensation. In the estimate for Salary and other expences of the Board of Commissioners in London is included the annual allowance of $1500 to Mr Cabot.
To enable the person left in charge of our affairs on the departure of Mr. King, to apply to the British Government for reimbursement of what we paid towards the expences of the late Board at Philadelphia beyond our proportion, I inclose a detailed statement under the Seal of the Treasury Department and a copy of a letter from Mr Liston to Mr. Pickering in which he binds his government to return in London what we advanced in Philadelphia for their part of the salary of the fifth Commissioner. After the Board under the 6th Article was dissolved by the Secession of the Commissioners, it was impossible to ascertain the expences of the Secretary (who was left in charge of the papers of the Board) in strict conformity with the provisions of the Treaty. The accounts however which relate to them are so minute and as they have the additional recommendation of having passed the Scrutinies of the accounting Officers of our Treasury, it cannot be doubted that the British Government will look upon them as a sufficient compliance with the Spirit of the Treaty. The Secretary of the Board grounds his continuance of the expence after the Commissioners’ separation upon the recommendation of each of them, and for this reason, and others derived from the peculiar situation of things in relation to the Board, his requisitions for the money necessary to pay it, were complied with by the Treasury. But should any demur take place about the repayment of the account, you will be pleased to give me the earliest notice that I may cause other funds to be remitted to supply the deficit.
Mr. Monroe having had a credit upon Bird, Savage & Bird for the sum mentioned in the estimate, I will thank you to apply it to the payment of any Bill he may possibly have had occasion to draw upon them, or otherwise to answer his drafts upon you to that amount. I am very respectfully &c &c
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6). Enclosures not found, but see nn. 2 and 4.

   King to JM, 7 Feb. 1803.

   For the estimate of the remittance to be sent to London, see the enclosure in JM to Gallatin, 6 Apr. 1803.

   JM may have been referring to Erving’s 1 Jan. 1803 dispatch (not found), which dealt with U.S. claims and assured JM of a successful and speedy end to the issue.

   JM probably enclosed a copy of Robert Liston to Timothy Pickering, 11 June 1799, stating that his government had agreed to the salary arrangement suggested by Pickering (DNA: RG 59, NFL, Great Britain, vol. 2).

   See Griffith Evans to JM, 11 Nov. 1802, and n.


Title: From James Madison to Vincent Gray, 6 April 1803
From: Madison, James
To: Gray, Vincent

Sir
Department of State Washington, 6th April 1803.
Inclosed is a copy of a letter lately received from one Peter Foster, stating his complaint of unjust treatment, received at the Havana, on suspicion of his aiding a British Privateer in acts of hostility against the Island. It might have been required of him to make out his case by proofs, but as he states himself to be greatly distressed, and therefore may not perhaps have it in his power, I have thought proper to request you to examine into the proceedings against him and to report to this Department how far they were in conformity with the seventh Article of the Treaty with Spain, and whether they were marked by any flagrant injustice or partiality. If the inconveniences he suffered were the mere effect of false accusations which he was admitted to repel in the regular and usual manner and from which he was absolved by the Court which tried him, it does not appear to be the duty of Government to interpose for him; but if on your examination you shall find in his case such circumstances as according to these principles would warrant an application to the Spanish Government for redress, you will be pleased to send me the necessary documents to substantiate them. I am &c.
James Madison

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

   Letter not found.

   Article 7 of the 1795 Treaty of San Lorenzo provided that arrests and prosecutions of citizens of one party to the treaty within the jurisdiction of the other would be made according to the order and authority of the law and that the citizens would be allowed to employ advocates and other agents (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:324).


Title: From James Madison to William Lee, 6 April 1803
From: Madison, James
To: Lee, William

Sir
Washington Apl. 6. 1803
You will oblige me by taking care that the inclosed which has been put into my hands by a friend be safely delivered according to address, and by letting it be known that you will charge Yourself with the transmission of an answer, and of any article that may accompany it.
You were so good as to make an offer of your attention in forwarding me any articles, particular wines, which I might wish to procure from Bourdeaux. I avail myself of it to request the favor of you to send to Alexandria for me 12 or 15 dozen of Vin de Grave, and a few dozen of best Frontenac; drawing on me for the payment or pointing out whatever mode you may prefer for my making it.
The Port of N. Orleans has not yet been fully opened. The Intendant says that he suspended the deposit without orders, but hitherto has not respected the interposition of the Spanish Minister here. Perhaps the last letter to him from the Minister may be more effectual. The confidence of the Western people in the Govt keeps them patient under the grievance, but it is understood that their rights are to be maintained by force, if other means prove insufficient. It is to be hoped that as the event will depend on France, she will see her interest in meeting Mr. Monroe in arrangements that will cut off that source of danger to the good understanding between the two nations. In every other respect, the U. States have prospects of tranquility in addition to their unexampled prosperity. With great respect I am Dr. Sir Yr. Mo: Obedt. Servt
James Madison

   RC (MB). Docketed by Lee, with his note: “15 doz Vin de Grave / 5 doz Frontenac / for the Secretary of State to be of the best quality & to go by the Brig Mary for Norfolk on Thursday.”


Title: To James Madison from Robert C. Gardiner, 6 April 1803 (Abstract)
From: Gardiner, Robert C.
To: Madison, James

6 April 1803, Gothenburg. Acknowledges receipt of the 26 Aug. 1802 State Department circular on 31 Mar. via Hamburg. “The Sum stipulated by Congress, is by no means adequate to the sustenance of a Man in this country at any season, but espicially [sic] during the Winter when no employment can be obtained for him.” Asks whether he should provide for American seamen “on as reasonable terms [as] possible,” which would be about twenty to twenty-five cents a day for each man. Offers the services of his commercial house to the U.S. in supplying naval and other stores “in which this Country abounds.”

   RC (DNA: RG 59, CD, Gothenburg, vol. 1). 2 pp.

   Robert Champlin Gardiner of Rhode Island was named consul at Gothenburg on 27 Apr. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:422, 423).

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

   On 28 Feb. 1803 Congress passed an act which allowed the reimbursement of money expended by consuls for the relief of American seamen even “though the same should exceed the rate of twelve cents a man per diem” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:204).

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


Title: To James Madison from Samuel Smith, 6 April 1803 (Abstract)
From: Smith, Samuel
To: Madison, James

6 April 1803, Baltimore. Informs JM that the packet for Erving will be forwarded on Sunday in the George in care of Smith’s nephew Robert Patterson. Recommends Mackenzie and Glennie. “They do our Business on their own Account, are Men of great prudence & Sufficient Capital. Should you Select them, and you want to send a power of Attorney—their Names are James Mackenzie, and Alexander Glennie, of London, Merchants.” Adds in a postscript, “Let me again press your appointment of my friends be assured you will be Satisfied.”

   RC (DLC). 1 p.

   Robert Patterson was the son of Smith’s brother-in-law, merchant William Patterson. Robert Patterson’s sister Elizabeth married Jerome Bonaparte in December 1803 (David Stacton, The Bonapartes [New York, 1966], pp. 28–30).


Title: From James Madison to Charles Pinckney, 7 April 1803
From: Madison, James
To: Pinckney, Charles

Sir,
Department of State April 7th. 1803.
I have the honor to enclose a copy of a letter which I addressed to you in December last in favor of Mr. Cook. He has since presented himself here with such proofs and favorable recommendations of his case, as will entitle him to expect speedy satisfaction for his losses and the injuries he has received. You will therefore be pleased to interpose in his behalf in the manner best suited to realize that expectation, but so as to leave unaffected the general claims upon spain. I have the honor to be, with great Respect Sir Your very Obedt. Servt.
James Madison

   RC (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, vol. 47); letterbook copy (DNA: RG 59, IM, vol. 6); Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, vol. 47, 62B). RC in a clerk’s hand, signed by JM.

   JM to Pinckney, 22 Dec. 1802.


Title: From James Madison to Edward Thornton, 7 April 1803
From: Madison, James
To: Thornton, Edward

Sir,
Department of State 7th. April 1803.
I have the honor to enclose duplicate letters from the Navy Department, requesting their Agents in London to pay for the supplies furnished to the ships of War President and Enterprize.——.——.——. It would have given me satisfaction to comply with your wish for an earlier arrangement of this business, but as it depended on another Department, it will readily be perceived that no time has been lost in concluding it. I have the honor to be &ca
James Madison.

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

   JM undoubtedly enclosed a copy of Robert Smith to Mackenzie and Glennie, 6 Apr. 1803 (DNA: RG 45, Misc. Letters Sent), asking them to receive the account and vouchers from Rufus King or his successor and to pay that amount. JM probably also enclosed Smith’s covering letter to Thornton, 6 Apr. 1803 (ibid.), stating that JM had forwarded to him the account enclosed in Thornton’s 30 Mar. 1803 letter and that he had written the enclosed letter to Mackenzie and Glennie, who were U.S. Navy agents at London.

   Dashes in letterbook copy.


Title: From James Madison to John Read, Jr., 8 April 1803
From: Madison, James
To: Read, John, Jr.

Sir
Department of State 8th. April 1803.
In your letter of the 18th. May last in answer to mine of the 6th. of the same month, in which I notified you that your office and all the appointments in it were to be considered as at an end, you stated that probably the time necessary for the settlement of the accounts of the Agents would require your services and those of your Clerks until the close of the then succeeding month or some weeks after. I accordingly relied that measures had been taken to close the business and abolish the expense of your office at the time indicated, until within a few days I learnt that you had drawn monies and rendered an account up to the close of the last year, amounting for the last quarter thereof (exclusive of payments to the subagents) to nearly $1,000: lest it therefore should be possible that the same course may be continued, I have to express to you the Presidents order that no further expense be incurred and that you deliver all the papers of your office (including those handed to you by the Secretary of the Board) to the superintendant of Military stores to be transferred to this place should any claims of the subagents remain unliquidated they must address themselves to the Treasury Department. I am &ca.
James Madison.

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

   Letter not found.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:191.


Title: From James Madison to Robert Smith, 8 April 1803
From: Madison, James
To: Smith, Robert

Sir,
Department of State 8. April 1803
In compliance with your request, I have the honor to enclose four lists, comprehending the Articles which it is expedient should be now forwarded to Algiers.
It is necessary to remark that the timber should be of the best quality, to ensure to us a preference in sending such articles rather than others in future, if the commutation for money should not succeed, and because it will be returned if it be bad.
If as is probable the purveyor should have made a different disposition of the timber contained in list C. it must be again procured, with the variation of the width, except as to the four plank last mentioned in it, which ought to be uniformly 14. Inches. The length of the timber in that list should with the same exception, be not less than 30 feet.
If all the timber, spikes &ca. should not be sent in one vessel no more than a proportionate quantity of the list D. should be sent at any one time. I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Enclosures not found.


Title: To James Madison from William Duval, 8 April 1803 (Abstract)
From: Duval, William
To: Madison, James

8 April 1803, Richmond. At the request of many Republicans in Richmond, he has consented to stand as a candidate for delegate to the assembly. Since state law forbids anyone holding a presidential commission to serve in the assembly, he is constrained to resign as commissioner of bankruptcy.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Duval”). 1 p. Docketed by Jefferson. On 14 Apr. 1803 Philip Norborne Nicholas informed JM that “the election terminated against us by a few votes only, & we are very desirous to have Mr. Duval reappointed to his office of commissioner,” adding that the reappointment would be both convenient to Duval and “very acceptable to the republicans here” (ibid.; 1 p.).


Title: To James Madison from William Jarvis, 8 April 1803 (Abstract)
From: Jarvis, William
To: Madison, James

8 April 1803, Lisbon. Last wrote on 12 [15] Mar. via the Argus to Norfolk, forwarding two letters from Pinckney and enclosing a copy of a letter from O’Brien, a duplicate of the semiannual return, and a London newspaper of 8 Mar. Has since received the original of JM’s 17 Jan. dispatch. Encloses a copy of his letter to Almeida and the reply. “What the real motive was that caused the refusal I cannot imagine; but after so decided an answer I considered it needless to make another communication to him on the Subject. Genl. Lannes shortly after his arrival waited on Don John and the visit was returned since which the reports about a change in the Ministry have entirely subsided: instead of which the Public Mind seems to be altogether occupied with the hostile preparations of England. Was the conduct of Governments always guided by reason it would be possible to form a tolerably correct Judgment of the probable event of those now making, but when the History of all ages tends to prove that very many of the Wars which have involved whole nations in ruin have originated in as mere a trifle as would have set two hot headed individuals by the ears; no one … will pretend to determine whether a permanent Peace or a renewal of the War will be the consequence.… To communicate the reports circulating here, when no doubt you are kept constantly advised … would … be unnecessarily occupying a portion of that time which is so usefully employed in the Service of your Country.” A letter “two days since arrived from Holland” reportedly brought orders for de Winter to leave directly. The squadron is to sail 9 Apr. Reports that “an unpleasant affair has recently occurred,” which he communicates “as some of the Printers who pretend to feel very much for the Liberty of the Subject may take advantage of it, in hopes to wound Government.” “Some time in February” Captain Whitfield of the Two Generals of Norfolk put in to Lisbon in distress. Soon after “in an affray that took place onboard his Ship the first Mate run the Cook through between the rib, and the skin, with a Sword belonging to a Cane; and beat one of the Seamen.” Upon Whitfield’s swearing to maintain order on board ship, Jarvis amicably settled this and a second quarrel by consent of the parties. In the third instance “it appeared that the Mate was altogether in fault; he having beat a Man in a most barbarous manner, and with a broad Sword cut him Severely on the ear and on the head and run the point of it into his knee, and while he had him down set the Dog upon him who bit him in several places on the Leg, without any other provocation than refusal of the Sailor to go below: (he being intoxicated & sitting on the Windlass of a Sunday evening singing).” The sailor’s refusal did not appear to have been conveyed in insolent language as he had “a moment before, when the second Mate gave him the same orders, goodnaturedly answered that he would if the Mate would give him a glass of grog.” Was not able to settle this fray amicably because Whitfield rejected the sailor’s request to be discharged with pay and with an extra month’s wages paid by the mate. Jarvis surrendered the mate to the civil authorities, who imprisoned him. “This day” Whitfield came to beg Jarvis to intercede for the mate’s release, promising to comply with the sailor’s terms. The mate was then discharged. Should Whitfield or the mate make a complaint, Jarvis has affidavits from the principal and two witnesses, which he will forward; also has those taken before the magistrate. “If my conduct in this affair should not be disapproved of by Government I shall not be sorry for what has taken place, as I think it will have a very salutary effect, for really an example was necessary; the Masters & officers having in many of the European Ports on the Continent been so long in the habit of taking the Law into their own hands that they began to assume it of right, and seem to think that … I have infringed their lawful authority. Luckily the example fell on the right Subjects, the Mate appearing to be totally devoid of every feeling of humanity and the Captain proving so refractory as to oblige me to send to a Magistrate to desire two civil officers to bring the Mate before me.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 6 pp. Docketed by Wagner as received 8 June. For enclosures, see n. 2.

   Jarvis no doubt referred to JM’s dispatch dated 14 Jan. 1803.

   Jarvis enclosed a copy of his 21 Mar. 1803 letter to Almeida (2 pp.; docketed by Wagner) requesting permission for Samuel Snow to reside at Macao during the interval between trading seasons at Canton and noting that since the permission had been granted to other friendly nations, he anticipated a favorable decision. Also enclosed is Almeida’s 2 Apr. 1803 reply (1 p.; in Portuguese, with translation) stating that the prince would be more than happy to comply with the request were there not particular motives preventing him from granting permission for foreigners to reside at Macao.

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


Title: Circular Letter to American Consuls and Commercial Agents, 9 April 1803
From: Madison, James
To: American Consuls and Commercial Agents

Department of State, April 9 1803.
Since the commencement of the year 1802, I have received your letter of the date of June 28 and I now transmit you a copy of the laws of the session of Congress preceding the last. Of those of the last session, a copy of the ’Act supplementary to the “Act concerning Consuls and Vice-Consuls,” and for the further protection of American seamen,[’] is annexed; the remainder will be forwarded as soon as they can be printed.
The act above recited containing such complete means of remedying the abuses, formerly practised by masters of vessels, in discharging their seamen, but few remarks are necessary upon that subject. The first section rendering the consent of the consuls and commercial agents requisite for this purpose might seem to require general rules to be laid down for regulating your discretion in granting it; but as the 3rd section makes their discharge so burthensome to the vessel and the means of their return so certain and liberal, no case is foreseen in which it would be necessary for you to withhold your sanction, unless it be in a port very remote from the United States. Doubtless others may exist, and a reliance is placed on your discretion, when they happen, to act as the benefit of the seamen and the public require.
When discharges take place, you will be careful to return the seamen to the United States as soon as possible, that their health and morals may be preserved by employment, and that they may be ready for the service of their country in the line of their profession. Though the act allows a discretion as to the vessels in which they return, it will be safest and most expedient to give the preference to those of our own country.
To enforce a compliance with the terms of this and the former act, and to enable you to inspect the genuineness of marine papers, used as those of the United States, are the object and effect of the 2d section. It is conceived that you will have a right to detain any such papers bearing clear marks of fraud and forgery; but it must be discreetly and attentively used, to avoid personal responsibility and to preclude complaint. It will be adviseable to confirm your act, when the offenders are foreigners, by drawing such cases into the courts of the country where you reside, that they may be punished; provided a fair trial of the merits, as it respects both parties, can be had. As far as our own citizens are concerned another law of the last session prescribes a penalty, but it must be applied by our own tribunals.
In relation to the provision you are to make for destitute seamen as enjoined in the fourth section, I refer you to my circular of the 1st August 1801, the directions of which you will observe as far as they apply. If a quantity sufficient of American shipping according to the prescribed ratio of tonnage to carry away the seamen on your hands are not in port, nothing in this section prevents your making a reasonable agreement, above the rate of ten dollars per man, to transport the whole number; provided that the proper number according to the tonnage be taken at a rate not exceeding that sum. Certificates of refusals on the part of masters of vessels to receive seamen on board according to the requisitions of this section are to be made up and registered in the consular books, immediately after they happen, and duplicates forwarded to the Department of State, as soon as may be. Their form may be as follows.
I. A. B. Consul, Vice-Consul, Commercial Agent, or Vice-Commercial Agent (as the case may be) for  hereby certify, That on the  day of  as Consul, &c. as aforesaid, I requested C.D. master and commander of the ship  of  of the burthen of  tons or thereabouts, then being a vessel belonging to a citizen or citizens of the United States, and lying in the port of  to take on board his said ship E. F.—E. H.—and I. K. all seamen of the United States, and found and then being destitute within my official district, and to transport them to  the port for which his said ship was then destined, and soon to sail, on such terms not exceeding ten dollars for each of the said seamen, as might be agreed upon between him the said C. D. and myself; and that I then and there tendered to him the said C. D. the sum of thirty dollars, viz. ten dollars for each of the said seamen, as a compensation for receiving and transporting them as aforesaid; the said seamen being then and there present, ready to be received by the said C. D. on board his said ship; but the said C. D. then and there and ever afterwards altogether refused and neglected to receive the said seamen or either of them on board his said ship, and to transport them as aforesaid. In faith whereof I have made this certificate under my hand and official seal, at  this  day of
(Signed)   A. B.
The 5th section removes the legal defects on which the circular from the Department of State, dated 26th August, 1802, was addressed to you.
No other part of the law appears at present to demand elucidation or remarks.
It has unfortunately happened, that at no period since the slave-trade was prohibited, have all our citizens abstained from a traffic, deemed worthy of the anxious solicitude of Congress to restrain, as manifested in the several highly penal laws passed on the subject, and alike discountenanced by the regulations of every state in the Union. Now when peace has turned the attention of several nations to the settlement and extension of their colonies, there is danger of the evil encreasing, and I must recommend earnestly to the Consuls, especially to those in America, to exert a steadfast vigilance respecting all such infractions of the laws, which may be attempted and to report them, with due precision, to the Department of State.
By a resolution of the House of Representatives of the 3d of March last, the Secretary of State is directed to lay before them early in the next session a view of the light money, payable by vessels of the United States, on entering the different ports of the nations of Europe, and of the same by ships or vessels of such nations entering their own ports. For the elements of this view I must have recourse to your information; and as the occasion is suitable, it may be desirable to connect with your communications some other matters having an intimate relation with it. I therefore request you to send me a table containing the rate of duty payable for the benefit of lights in the several ports of your district (naming them) on vessels of the United States, on those of the country in which you reside, and on those of other foreign nations; a table similarly distinguished of duties payable for anchorage, buoys, piers and generally such as are levied for the improvement or preservation of channels and harbours other than for lights: and 3rd, such a table exhibiting the expense of quarantine. You will accompany the whole with such remarks as may tend to give a full view of the subject. I have the honor to be, Sir, Very respectfully, Your most obedient servant,
James Madison

   RC (NNPM: The Gilder Lehrman Collection, on deposit). A printed circular letter, signed by JM. Marked “Duplicate” by a clerk, with additions and emendations in a clerk’s hand (see nn. 1 and 2). Addressed to Thomas Aborn, commercial agent at Cayenne. Another copy of the RC (ibid.) bears no additions or emendations.

   The number “9” was added by a clerk in a space left blank after “April” in the printed copy.

   This phrase, which originally read, “I have received your respective letters of the dates of ,” was altered and the date supplied by a clerk. For Thomas Aborn’s 28 June 1802 letter to JM, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:347.

   A printed copy of the act, which was passed on 28 Feb. 1803, follows JM’s signature (see U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:203–5).

   JM no doubt referred to “An Act in addition to the act, intituled ‘An act concerning the registering and recording of ships and vessels of the United States,’ and to the act, intituled ‘An act to regulate the collection of duties of imports and tonnage’” (ibid., 2:209–10).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:1–4.

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

   William Lambert, acting for John Beckley, had sent JM an extract from the House journal, dated 3 Mar. 1803, directing JM to lay before the House, “early in the next session of Congress,” a report on light money paid by U.S. ships entering different European ports and by “vessels of such nations entering their own ports” (DNA: RG 59, ML; docketed by Wagner).


Title: From James Madison to James Leander Cathcart, 9 April 1803
From: Madison, James
To: Cathcart, James Leander

Sir,
Department of State April 9th. 1803
I have received your letter of January 25th. with the other communications under the same cover. Those before received and not acknowledged are of June 3. 11. July 4. 15. Augt. 6. 25. 26. Sepr 3. 4. 18. Octr 8 in the last year.
My last to you was of Augt 22 1802. It was then hoped that you would have been successfully engaged in making peace with Tripoli; for which the crisis was peculiarly favorable. The course of circumstances having deprived us of the advantages of this crisis, to which the tenor of your original instructions was adapted, the President has thought proper to review them with an eye to the change in the state of things, under which, if peace be still unmade, the negotiations for it must now be carried on; and considering that the Bashaw is no longer under the domestic distresses which at one time humbled his pretensions, that all the other nations at war with him have yielded to the customary terms of peace, and that the new terms which the concurrent policy of all civilized nations ought to force on those barbarians, would now be pursued by the United States at very great expence, not only without the co-operation of a single other power, but in opposition to the example of all, and at a period in different respects critical to their affairs, it is thought best that you should not be tied down to a refusal of presents whether to be included in the peace, or to be made from time to time during its continuance, especially as in the latter case the title to the presents will be a motive to its continuance. You are accordingly authorized by the President to admit that the Bashaw shall receive in the first instance including the Consular presents, the sum of 20,000 dollars and at the rate afterwards of 8 or ten thousand dollars a year. If these sums can be reduced you will of course avail yourself of the opportunity. But no enlargement of them towards the example of other nations, will be admissible, especially, if at the date of the negotiations, none of our Citizens should be in captivity. The presents whatever the amount or the purpose of them (except the Consular present, which as usual may consist of Jewelry, Cloth &c) and also the periodical payments must be made in money, and not in stores; the periodical payments are to be biennial rather than annual; and the arrangement of the presents is to form no part of the public Treaty if a private promise and understanding can be substituted.
The Dey of Algiers being inflexible in refusing you as Consul the President has not deemed it proper, especially under present circumstances, to contest a right possessed and occasionally exercised by all Governments; and will therefore without delay send another successor to Mr. OBrien. He reserves to you however, the Consulate at Tunis which was your first object; and which Mr. Eaton has signified his purpose of leaving. Your Commission is herewith enclosed, with a letter from the President to the Bey. It is foreseen that the Bey of Tunis will expect to receive periodical payments in like manner as the Bashaw of Tripoli, and we are prepared to arrange them. He has made several demands of presents from the United States, and last of all of a Frigate. These have been generally declined, on our part, and we are determined to withhold the latter; but the circumstance itself may be glanced at as our motive for proposing the periodical payments, by which we wish at once to manifest our good will and liberality to the Regency, to give him an interest in preserving peace, and to regulate at a fixed rate what is now so uncertain as its demands. It is believed also that if other circumstances are propitious, it will be eligible to settle the acceptance of them by Tunis at a moderate rate as a preliminary to the negotiation with Tripoli; since it will quiet the former Regency, afford a scale for settling with the latter and anticipate a limit to the proposal the Bey might otherwise make by referring to the precedent set with respect to Tripoli. The sum to be allowed to Tunis is to be payable in Cash and not to exceed the rate of 10,000 dollars per annum, to be paid biennially if it can be so settled. It is expected that the Consular present will not exceed the sum us[u]ally given viz. about 4,000 Dollars. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, IC, vol. 1); Tr (DLC: Cathcart Papers); partial Tr (NN: Cathcart Papers). Partial Tr in Cathcart’s hand, with an appended note addressed by Cathcart to Richard Morris, dated 1 Aug. 1803, stating that he was sending “the above extract from his instructions” freely in order to promote U.S. interests and harmony between government agents and not because he had been ordered to do so. Partial Tr does not include the first paragraph, the last three sentences of the second paragraph, the first two sentences of the third paragraph, part of the last paragraph, several other sentences and phrases, or the specific sums to be offered to the bey. There are three other partial copies, in unidentified hands, which omit only the first paragraph and part of the last paragraph. One copy (CSmH) is docketed in Eaton’s hand, “Deld. by Mr. Lear to Come. Preble—and by the latter to me. Oct. 1804.” Another copy (CSmH) is headed, “Secret and confidential. / To Col. Dwight.” The third copy (MHi: Timothy Pickering Papers), also marked “Secret & confidential,” is followed by a note:

   “Mr. Eaton says that Cathcart proceeded to Tunis with these terms & a consular present some time in the summer of 1803; but the Consul & the terms were both rejected by the Bey. Eaton further in his letter says ‘The proposition for 10,000 dollars tribute has been volunteered by Mr. Cathcart to the Bashaw of Tripoli & by Mr. O’Brien & Davis to the Bey of Tunis; and, thank God, by both rejected, as too trifling a consideration for their friendship.’

   “Mr. Eaton says also, That on his arrival at Boston in May 1803, he stated in a federal paper, that the Bey of Tunis had demanded a frigate of 36 guns of the President; and that shortly after, an article appeared under the official column of Smith’s paper at Washington, denying the correctness of his (E’s) statement. And that when afterwards he remonstrated with Mr. Madison against this imposition on the public, he evaded the subject.”

   Enclosures not found, but see n. 4.

   Cathcart’s dispatch no. 14 is dated 8 Sept., not 18 Sept. (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:557–58). His dispatch no. 7 is dated 3 June, and no. 8 is dated 4 July (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:277, 370). If he wrote to JM on 11 June, that letter has not been found. For the other dispatches acknowledged by JM, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:394, 460–61, 518–20, 521, 540, 546–47.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:504–5.

   For Cathcart’s request for the position at Tunis, see Cathcart to JM, 5 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:4). The bey of Tunis also refused to accept Cathcart, who was finally appointed consul at Madeira in 1806 (Cathcart to JM, 9 Sept. 1803 [DNA: RG 59, CD, Tripoli, vol. 2]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 2:46).

   In the partial Tr this sentence reads, “Enclosed herewith are letters from the President to the Bey of Tunis.” JM presumably enclosed Jefferson’s 14 and 22 Apr. 1803 letters to Hammuda Bey, which were also signed by JM. In his 14 Apr. letter Jefferson informed his “Great & good friend” that he had received his letter of 8 Sept. 1802 and had observed with pleasure that the stores and jewels sent were satisfactory. “Existing circumstances” did not permit the U.S. to add a frigate to the other proofs of American friendship, Jefferson explained, but the U.S. would “from time to time” renew the testimony of their goodwill. He recommended to the bey’s hospitality any U.S. warships or merchants visiting Tunis and repeated his assurances of a desire to maintain harmony between the two countries (draft, DLC: Jefferson Papers; 1 p.; Tr, NN: Cathcart Papers; 2 pp.; in Italian). On 22 Apr. Jefferson wrote to the bey announcing that he had granted Eaton’s request to return to the U.S. and introducing Cathcart as Eaton’s replacement (Tr, NN: Cathcart Papers; 1 p.; in Italian).


Title: To James Madison from Samuel Coleman, 9 April 1803
From: Coleman, Samuel
To: Madison, James

Sir,
Richmond 9th. Apri⟨l 1803⟩
I have at last had time to weigh and repack the plate, and repack the Glass ware and porcelain which you desire may be sent to Washington. I shall with pleasure comply with that desire as soon as a proper opportunity offers; but residing in the country and very little versed in matters of the kind, I beg leave to suggest that the better mode will be for you to confide the business to some merchant in George Town or Alexandria who may have a Correspondent here through whom the five f⟨ir⟩st mentioned packages in the inclosed paper may be sent to either of those places. The insurance had also better be made there as I believe there is no one in this place who does any business of that kind. I have taken great pains in packing the Articles so as to secure their safety, and shall by proper superscriptions excite the care of those who may receive them for transportation. The expence which will be necessarily incurred here cannot be ascertained until the articles are shipped. I presume it will be inconsiderable. The plate remains in the Treasury; the other articles ⟨are in?⟩ my office in the Capitol ready for delivery. ⟨You wi⟩ll observe that several articles to be sent do not correspond with the memorandum forwarded to me. The porcelain plates are 6 short, the Table spoons 2 short, the English desert spoons 1 short and the Tea spoons 7 short. It is proper I should remark that on Colonel Monroe’s leaving this place his furniture of every sort was necessarily left in care of a servant woman in whom he placed confidence, and who, it is likely will be able to account for the deficiencies. I have the hon⟨or⟩ to be with perfect respect, Your most obed. Servant
Samuel Coleman.

   RC (DLC). Damaged by blots and torn corner.

   Coleman probably enclosed the “Invoice of sundry articles left in Richmond by Colo James Monroe” (DLC; 2 pp.; filed with Coleman to JM, 24 May 1803), which itemizes the contents of five boxes and a bale and gives the weight of each article of plate. The invoice corresponds in great part with the list Monroe sent JM on 7 Mar. 1803.


Title: To James Madison from James Monroe, 9 April 1803
From: Monroe, James
To: Madison, James

Dear Sir
Havre April 9. 1803.
We arrived here yesterday in 29. days from the Hook. The voyage was as favorable in other respects as it was in point of dispatch, having experienc’d no storm or other unpleasant incident in it, the sea sickness of my family excepted. To avoid the expence of entering the port with the ship, the Captn. had contracted to land us from the road which he proposed doing in his own boat, but as there was a heavy rain when we approached the town, I wrote our consular agent by an open pilot boat which furnished the opportunity, to request that he wod. be pleased to send a decked vessel to the ship to take us to the shore, which was done. We landed about 2. oclock in good health. We remain to day but shall sit out to morrow for Paris having made the necessary arrangments for the purpose, and expect to arrive there the day after.
Some circumstances have occurr’d here which it is proper to mention. As soon as my arrival was known a salute was fired from the fort and a guard of an officer & fifty men order’d to my quarters; immediately afterwards the General commanding the troops in the place with his Etat major, called to pay their respects: I thought it best to permit two centinels to be plac’d at the door but declined the guard. This morning the general of marines with his Etat major have paid a similar attention. If this is an ordinary ceremony of the military to persons in a publick character, it is of little importance: but if it emanated from the government it may be viewed in a more favorable light. I can form no opinion on the subject: a few days will explain it. I hear the troops destined for Louisiana, tho sometime since prepard, have not sailed, there is much talk of a war between France & Britain but the prevailing opinion is, it will not take place. Present me affecy. to the President and be assured of the esteem with wh. I am yr. friend & servant
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers); letterbook copy (DLC: Monroe Papers). Another copy of the RC, marked “Triplicate” (DNA: RG 59, DD, France, vol. 8), varies in wording.

   The rest of this sentence is omitted from the triplicate and letterbook copies.

   The triplicate and letterbook copies have “at the out posts” here.


Title: To James Madison from Robert W. Fox, 9 April 1803 (Abstract)
From: Fox, Robert W.
To: Madison, James

9 April 1803, Falmouth. “We continue in the same uncertain state respecting Peace or War between this Country & France: many people are of opinion War will be the consequence. The Impress Service is going on with great vigour in this Country, but hitherto the Citizens of the United States have not been molested, except one Man, who has been married in this Town for about 6 Years: I have forwarded his case to my Friend Erving.” Trade is generally very dull. Spanish and Portuguese markets for wheat and flour are falling. Prices in Great Britain are very low. “Rice keeps up pretty well and so does Tobacco.” Expects the Mary will have arrived in the U.S. long before the receipt of this letter. Hopes the disease did not reappear on board ship. “Colonel Barclay is here on his way to New York, to be the British Consul at that City.”

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 2 pp.

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


Title: To James Madison from Rufus King, 9 April 1803 (Abstract)
From: King, Rufus
To: Madison, James

9 April 1803, London. No. 90. “The question of peace or War may at this moment be decided. Lord Hawkesburys Note in reply to the refusal of France to admit of any discussion respecting Malta is dated the 3rd. and was dispatched on the 4th. instant.” The note expresses the king’s regret that the French government had declined giving the satisfaction and explanation he demanded and had accompanied “this evasion” with a renewed demand for the evacuation of Malta. It states that the king has ordered his ambassador at Paris to ascertain “whether the french Government persists in its refusal, or whether it will without delay give the satisfaction and Explanation that may be calculated to maintain Peace.” Whit-worth’s note to Talleyrand “is probably now before the First Consul who must recede from the ground he has taken with so much eclat or receive a declaration of War from England.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp. Marked “(Duplicate).” In a clerk’s hand, signed by King. Docketed by Wagner as received 30 May. Another copy of the RC (DNA: RG 59, DD, Great Britain, vol. 10), in King’s hand, is docketed by Wagner as received 1 June. Printed in King, Life and Correspondence of Rufus King, 4:244.

   Whitworth’s 7 Apr. 1803 note to Talleyrand merely repeated the contents of Hawkesbury’s 3 Apr. note to Andréossy (Browning, England and Napoleon in 1803, pp. 151–52, 160–61, 162).


Title: To James Madison from William Riggin, 10 April 1803 (Abstract)
From: Riggin, William
To: Madison, James

10 April 1803, Trieste. Transmits a copy of his dispatch of 30 Mar. Proposes departing “in the course of this month” as his private affairs require his presence in the U.S. “for a short time.” Has appointed Swinton C. Holland, “a gentleman who has been in America and is acquainted with the Laws of the United States,” to act as “Pro Consul” during his absence. Hopes this will meet with the president’s approbation. “For some months we have not had an American Vessel at this Port.”

   RC (DNA: RG 59, CD, Trieste, vol. 1). 2 pp. Docketed by Wagner as received 29 Aug.

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


Title: To James Madison from Robert R. Livingston, 11 April 1803
From: Livingston, Robert R.
To: Madison, James

No. 73Dear sir
Paris 11th. April 1803
My Notes will tell you how far I have officially pressed the Government on the subject of Louisiana. I have omitted no means in conversation of eradicating their prejudices in its favor & I informed you that I had reason to think that I had been successful with all unless it was the first Consul to whom I addressed myself in the letter & essays that you have seen, & that were attentively read by him, as well as several informal Notes to his Brother. I had reason to think that he began to waver but we had nothing to offer but money & commercial advantages, the latter I did not think myself entitled to be liberal of, & on the first I found in them a certain degree of reluctance to treat, as derogatory to the dignity of the government. The affair of New Orleans gave me two very important strings to touch. I endeavoured to convince the government that the U. States would avail themselves of the breach of the Treaty to possess themselves of New Orleans & the Floridas—That Britain would never suffer Spain to grant the Floridas to France even were she so disposed, but would immediately seize upon them as soon as the transfer was made; that without the Floridas Louisiana would be indefensible as it possesses not one port even for Frigates. I shewed the effect of suffering that important Country to fall into the hands of the British, both as it affected our Country & the naval force of all Europe. These reasons with the probability of war have had I trust the desired effect. Mr. Talleyrand asked me this day, when pressing the subject, whether we wished to have the whole of Louisiana. I told him no, that our wishes extended only to New Orleans & the Floridas, that the policy of France however should dictate (as I had shewn in an official Note delivered) to give us the Country above the River Arkansa in order to place a barrier between them & Canada. He said that if they gave New Orleans the rest would be of little value, & that he would wish to know “what we would give for the whole,” I told him it was a subject I had not thought, but that I supposed we should not object to twenty Millions provided our Citizens were paid. He told me that this was too low an offer, that he would be glad, I would reflect upon it and tell him to morrow. I told him that as Mr. Monroe would be in Town in two days I would delay my further offer until I had the pleasure of introducing him. He added however that he did not speak from authority, but that the idea had struck him. I have reason however to think that this resolution was taken in council on Saturday. On Friday I received Mr. Ross’s motion. I immediately sent it to Mr. Talleyrand with an informal note expressive of my fears that it would be carried into effect & requesting that Genl. Bernadotte might not go ’till something effectual was done. I also translated it and gave it to Genl. Bernadotte, & pressed upon him the necessity of asking express instructions in case he should find the Island in possession of the Americans. He went immediately to Joseph Bonaparte. These I believe were exciting causes to the train we are now in & which I flatter myself we shall be able on the arrival of Mr. Monroe to pursue to effect. I think from every appearance that war is very near at hand, & under these circumstances I have endeavored to impress the government that not a moment should be lost least Britain should anticipate us. I have used every exertion with the Spanish embassador and Lord Withworth [sic] to prevent the transfer of Florida and wrote to Mr. Graham in Mr. Pinckneys absence to give every attention to that object & to avail himself of the coolness which subsisted between the French embassador and the Prince of Peace. This has retarded the negotiation & unless they get Florida, I have convinced them Louisiana is worth little. I would rather have confined our views to a smaller object & I think that if we succeed it would be good policy to exchange the west bank of the Mississippi with Spain for the Floridas reserving New Orleans. Perhaps however I am too sanguine in my expectations, we will not therefore dispose of the skin ’till we have killed the Bear. I have written to Mr. King, pressing him to stay
’till a successor is appointed. The moment is so critical that we cannot justify being without a Minister in England, he is a very useful one. I believe you may calculate that Britain will not give up Malta, & that France will not leave it in her hands by consent, & of course hostilities must commence, or Britain be kept at immense expence in her present warlike attitude, while France expends nothing. This she cannot submit to, & must therefore strike the first stroke which this Country wishes in order to render the war more popular here. France has marched troops into Holland, & those of Victor are embarking but I think will not sail, or if they do will be intercepted by England who will probably think they are designed for the Islands, which is very probable.
Mr. Monroe arrived on the 8th at Havre, I expect him here in two days at farthest from this date. His passage was 29 days. I shall see the Minister again to morrow in order to sound him more fully before we offer any thing formal on Mr. Monroes arrival. I wished & proposed that Genl. Bernadotte should wait ’till something was done, having formally notified the Minister that Mr. Monroe had arrived, but I could not prevail upon him to make any alteration. He said that Mr. Bernadotte having received his dispatches was to be considered by him as gone. You will receive this by Mr. Petrie his Secretary who waits here ’till to morrow. I am Dear Sir with the most respectful consideration Your most Obt. Hum Sert
Robt R Livingston
12th. Orders are gone this day to stop the sailing of vessels from the French ports. War is inevitable. My conjecture as to their determination to sell is well founded. Mr. Monroe is just arrived here.

   RC (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC marked “Duplicate.” In a clerk’s hand, signed by Livingston. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly by JM. Letterbook copy marked, “Sent by Mr. Petry Secy of the french legation the 28th.”

   See Livingston to JM, 24 Jan. 1803, n. 2.

   General Beurnonville’s lack of diplomatic grace and his contempt for Godoy had led to strained relations between the two (Hilt, Troubled Trinity, pp. 146, 148–49).


Title: To James Madison from Peder Blicherolsen, 11 April 1803 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

11 April 1803, Philadelphia. Has just received two royal ordinances from Copenhagen, one detailing quarantine regulations for Americans and the other stipulating laws and rules prescribed for Danish and all other ships. Has had the former translated in full and seven articles connected with and explanatory of it extracted from the latter. Encloses translations. Believes a knowledge of them should be publicly diffused throughout the U.S. and suggests that JM order the “editor of the National Gazette” to publish them and to recommend that they be printed in other newspapers. Adds in a postscript that he departs 12 Apr. with Thornton for New York and Boston in an attempt to reestablish his health and to see the northern states before leaving the U.S. Expects to return in “about three weeks” to New York, where he will probably remain for eight or ten days before departing for Washington to call on JM and the president. Will be pleased to execute any commands of JM or Mrs. Madison in the above places and will take care that no orders sent him will miss him on the road.

   RC and enclosures (DNA: RG 59, NFL, Denmark, vol. 1). RC 3 pp. Docketed by Wagner. For enclosures, see n. 1.

   Blicherolsen enclosed a 5 Nov. 1802 dispatch from the Danish chancery describing a 22 Oct. 1802 royal order (1 p.) which decreed that when news of yellow fever in the U.S. had been received, or when no advice to the contrary was received from the Danish minister in the U.S., American vessels lacking health certificates between the beginning of July and year’s end must submit to quarantine. Those with certificates might not communicate with the shore before being visited by the health officer. No American vessels might be piloted in the interim unless they hoisted the green flag. Blicherolsen also enclosed an extract from regulations of 14 Nov. 1800 (3 pp.), ordering the captain of every Danish vessel arriving from a suspicious location or having had contact with a suspicious vessel and not having served quarantine elsewhere to hoist a green warning flag under pain of a fine if no harm resulted and of twelve years’ imprisonment at labor if it did. The penalty for maliciously neglecting the regulations was life at labor in chains. Pilots coming on board such a ship might get a certificate from the captain that the vessel was healthy and free from contagion. Both enclosures were printed in the 18 Apr. 1803 National Intelligencer with the request that they be copied by newspapers in U.S. ports.


Title: To James Madison from James Sullivan, 11 April 1803 (Abstract)
From: Sullivan, James
To: Madison, James

11 April 1803, Boston. “If I had an idea of what its commonly called the making of interest I should not possess confidence enough in the weight of my own character to attempt it: but in an extensive government, information, as to men qualified for offices must be had through some channel or other.” Encloses a letter signed by men “respectable and friendly to the present administration” and adds that he was in the Massachusetts legislature during the “late revolutionary war” when Ward represented Salem. “I have known him as a magistrate and military officer when much depended on his exertions, and when many who would now gladly take offices were skulking from public danger. He has been an unfortunate man in commerce, which renders the office in question, or any other in that line, necessary to him.” Asks JM to communicate this to the president or serve Ward’s interest in any other way.

   RC and enclosure (DNA: RG 59, LAR, 1801–9, filed under “Ward”). RC 1 p. Docketed by Jefferson. Enclosure is a 7 Apr. 1803 letter from Samuel Ward to Sullivan (1 p.) asking that he be recommended to Jefferson as successor to Joseph Story, who “has or will resign” his office. Ward’s request was endorsed and signed by fourteen residents of Salem.

   On 19 Apr. 1803 Gallatin wrote JM enclosing the commission of Story, “who declines the Office of Naval Officer of the Port of Salem” (DNA: RG 59, ML). On 11 Nov. 1803 Ward was appointed naval officer for the district of Salem and Beverly in place of Story (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:453, 456).


Title: To James Madison from Charles Pinckney, 12 April 1803
From: Pinckney, Charles
To: Madison, James

Dear Sir,
Madrid 12th. April 1803.
Mr. Wells, an American Gentleman, who has been here some time on claims from South America, informs me he will return to the United States in a few days—by him I have the further opportunity of informing you, that finding Mr. Cevallos considered himself as obliged to wait until he received Dispatches from the Colonial Officers of New Orleans before he could give a decisive answer to the repeated applications made to him on the subject of indemnifications, or a promise to indemnify for the damages which have occurred in consequence of the Intendant of that place’s irregular conduct, and your instructions being positive as to my requiring a prompt & direct answer, I have considered it my duty to apply again to the Prince of Peace, who is in fact, the Prime Minister & Director of every thing here, for his interference to procure for us from the Department of State such an answer as will enable the President to say to our Western Citizens that compensation will be made to them.
You will recollect in your instructions you connect the two subjects, the restoration of the Deposit, & the indemnification for damages, and altho’ you may consider the one as more important than the other, yet as your directions go to both, they have both been urged, as far as “amicable decision” will permit me to go. One has been obtained, and on the other Mr. Cevallos wishes time—this has been granted to the present day, & receiving no answer from him, I have written him the inclosed letter, and sent a copy of it to the Prince of Peace, & will transmit the result of the conference I expect with him in consequence of it, by this opportunity.
By Mr. Wells, you will also receive copies of the confidential communications I made to the Prince of Peace, on the subject of the purchase of Louisiana, or a part of it & the Floridas. They were delivered to him in French, & on his solemn promise of inviolable secrecy. They were intended to shew him the danger of breaking with us, & the consequences to Spain of our being driven to join England. No time could have been more fortunate for the use of these arguments, than the present, and although we arrived by nearly two years too late to prevent the Cession of Louisiana, yet I still hope, our exertions have in some degree contributed to save the Floridas from going the same way. We shall soon be able to discover after the arrival of Mr. Munroe, how far those and the other objects of the Extraordinary Mission, are attainable. Should there be war between France & England, it is probable we shall obtain a great part of what we wish, if not, our success will be doubtful.

20th. April.
In my conference with the Prince of Peace on the subject of His Majesty’s authorizing me to assure our Government, that for all damages occasioned by the illegal conduct of the Intendant, compensation would be made, I went into a detail of the consequences attending any further delay, & of the delicate & dangerous situation of things, until such assurances could arrive, as were satisfactory to our Executive—that the House of Representatives having resolved, our rights of limits, navigation, Deposit, &ca, should be inviolably maintained, he might be certain, no assurances short of a promise to indemnify, would be satisfactory—that, although the moderation of our Government was great, it still had its limits—that I could repeat to him in confidence, they had been very nearly at war with us—that motions to this effect had been made in Congress, some of them going to the length of authorizing the immediate seizure of the Country, & by such a force, as it would not easily be in the power of any European Nation to contend with—that our Government, however, having the most perfect confidence in the honor and justice of His Majesty, and wishing always to be on the most cordial terms with him, had preferred negotiation—that I had waited until the present moment for an answer from Mr. Cevallos to my repeated demands both verbally & in writing, for a promise to indemnify, and having received no precise one in writing, I now again applied to him (the Prince) as the Minister who formed the Treaty, & as the friend of the Peace of the two Countries, to interpose his influence to obtain from the Secretary of State in writing, such assurances as I knew would be satisfactory to our Government. He replied in the most polite & friendly terms, assuring me of the great respect he had for us, and of his most earnest wishes to be always on the most cordial & friendly footing with the United States—That he hoped all the inconveniences which had lately occurred, (some of which, he assured me, had originated in mistake, & others had been unauthorized by the Government here) would be removed, and that in future the intercourse of the two Nations would be less interrupted either by the fear of introducing contagious disorders, or by the irregular & unauthorized conduct of distant Officers, & concluded with assuring me, that the Secretary of State should write me a satisfactory letter on the subject of the indemnifications for damages occasioned by the conduct of the Intendant of New Orleans.
It is now six days since I received these assurances from the Prince, & still no letter to this effect has been sent me from the Secretary of State, which makes me begin to suppose, there is some hesitation on the part of this Government to send such a letter. I have therefore thought it my duty, as I informed the Prince I would, to transmit you this intelligence, that the President may be enabled to determine what is best to be done; in the interim, should such assurances, or indeed, any in writing be sent, I will immediately forward them. I must request my best respects to the President & remain with regard & Esteem dear sir Yours Truly
Charles Pinckney

P. S. I have waited some days longer to see if an answer would be sent, such as I expected, and not receiving any, I have now reason to suppose, that although this Government have consented to restore the Deposit, yet that they are unwilling officially to acknowledge a Breach of the Treaty—or at this time to say that compensation will be made for the damages. This being my present impression, I have thought proper to transmit it for your information.
I shall by every means in my power continue to press the Question of the Indemnification & to urge the Prince of Peace, who is undoubtedly our best friend here to use his influence to this effect & as he has once promised me such an assurance should be given, it has given me a hold upon him I will not easily quit.
I have also this day repeated my application to the Secretary of State for an answer in writing.

[May 2:
Since the above I have had another Audience With the Prince of Peace in which he said there was a difference of Opinion about the Treaty but again assured me the Question of indemnification should be satisfactorily arranged, but still I cannot recieve this assurance in Writing, although I have pressed it in every proper manner both verbally & by letter, believing the present unsettled state of things between France & England to be the best opportunity that may offer for so doing. I must request my most affectionate respects to The President & our friends in & near Washington & I remain with the sincerest respect & Esteem dear sir Yours Truly
Charles Pinckney.
I have the pleasure to inform you I have got the Quarantine taken off at Cadiz & Malaga & the Ports of Spain for American Vessels & now I inclose you a copy of a letter this moment recieved from Algiers & which it is important you should recieve immediately. By the last dispatch I sent you my contingent account for six months from the time of the former sent by Mr: Codman & which I am hopeful you found right.]

   RC, triplicate, and enclosures (DNA: RG 59, DD, Spain, vol. 6). RC marked “Duplicate.” In a clerk’s hand, except for complimentary close, signature, and second postscript (see n. 7) in Pinckney’s hand. Docketed by Wagner as received 6 July. The triplicate, docketed by Wagner as received 14 Aug., varies from the RC (see nn. 5 and 7). Unless otherwise noted, italicized words are written in code; key not found. RC decoded interlinearly by Wagner. Triplicate not decoded. For enclosures, see nn. 1, 2, 6, and 9.

   Pinckney enclosed a copy of his 12 Apr. letter to Cevallos (6 pp.; in French), arguing that article 22 of the treaty of 1795 guaranteed a deposit and that therefore a local official could not suspend the deposit without designating an equivalent location. Pinckney rejected Cevallos’s claim that the king had promised an equivalent location without saying when he would assign it by noting that when a time is not designated to perform an obligation it should be done as soon as circumstances permit. He further noted that to delay designating a location could lead to a refusal by France to recognize the U.S. right of deposit. Pinckney also argued that a simple injury did not nullify a treaty, therefore the illegal acts committed by U.S. citizens in New Orleans did not justify the abrogation of the treaty. He took issue with Cevallos’s statement that the king would favor the U.S. with a location, noting that the U.S. had a right to the deposit by treaty, and requested a reply by 15 Apr.

   In his undated letter to Godoy (15 pp.; in French), Pinckney discussed the situation of settlers in U.S. territories east of the Mississippi River, who needed deposits in Spanish territory for their produce so greatly that they would seize the territory by force if necessary. He stressed the contrast between the burgeoning population of these western territories, which consisted of half a million enterprising people, trained to arms and inured to physical difficulty, and the thinly dispersed population of the Floridas, sickly, enervated by the climate, and exposed to foreign assaults. He observed that an army could attack New Orleans from the Ohio River in a month, while it would take four months to mount an attack up the Mississippi River. Should Spain adopt commercial measures inimical to the western territories, other parts of the U.S. would be unable to restrain them from aggression and would join in the attack rather than have such a war lead to an independent western country and the breakup of the Union. The U.S. sought the Floridas not for territorial aggrandizement but to assure a permanent union and a permanent peace with Spain. The U.S. was willing to pay an equitable price for the desired territory and to guarantee Spanish holdings in the neighborhood. Pinckney argued that money spent by Spain in defending the Floridas would be better spent elsewhere. He discussed the need for a U.S. consul at New Orleans and warned that whoever held both banks of the Mississippi near its mouth would always be at risk of war with the U.S. He added that Great Britain would intervene on behalf of the U.S. out of a desire to see Americans occupy the east bank of the Mississippi because of the volume of trade between the British West Indies and the U.S. He reminded Godoy of the strength of the British navy, which could destroy Spanish trade with the West Indies, and of the strength with which the U.S. could back Great Britain if its own interests were engaged. He recalled the trouble the U.S. had given the British during the American Revolution and pointed out that the U.S. had now twice the population and ten times the wealth, energy, and unanimity that it then had. He noted that recent treaties amicably settled between the U.S. and Great Britain were evidence of their friendship. He also discussed possible French reactions to situations which could arise in the region.

   Underlined in RC.

   Underlined in RC.

   The triplicate does not include this complimentary close and signature.

   Pinckney enclosed a copy of his 22 Apr. 1803 letter to Cevallos (1 p.; docketed by Wagner) requesting a reply to his 12 Apr. letter as a messenger was waiting to carry the response to the U.S. government. He asked if the king intended to indemnify U.S. citizens for losses sustained as a result of the closing of the deposit.

   This and the preceding paragraph are in Pinckney’s hand and do not appear on the triplicate. The paragraph dated 2 May and postscript, in Pinckney’s hand, are not on the RC but are supplied within brackets from the triplicate.

   Underlined in triplicate copy.

   Pinckney enclosed a copy of a 24 Apr. 1803 letter from O’Brien to Robert Montgomery (3 pp.; docketed by Wagner) reporting that Morris, Eaton, and Cathcart had called at Algiers on 20 Mar. 1803, that the dey still refused to accept Cathcart as consul, and that Eaton had been ordered away from Tunis on 4 Mar. 1803. O’Brien’s letter contains much of the same information as O’Brien to JM, 28 Apr. 1803, regarding the movements of corsairs, the expulsion of the British agent at Algiers, and the arrival of a Danish frigate. O’Brien expressed to Montgomery his hope that “the Squalls of the Misisipi” would not prevent the arrival of the vessel with stores, “otherways I shall be drove from my Moorings,” and he asked Montgomery to forward a copy of the letter to JM. Montgomery added in a 30 Apr. 1803 note addressed to Pinckney that he had received the letter on 29 Apr. and that the British consul for Algiers “is now riding quarenteen” at Alicante.


Title: To James Madison from Albert Gallatin, 12 April 1803 (Abstract)
From: Gallatin, Albert
To: Madison, James

12 April 1803, Treasury Department. Has received JM’s 6 Apr. letter and has taken measures to place the requisite sums in London and Amsterdam. There not being at the time any depository in London for treasury funds, those funds were remitted “to the order of Messrs. Rufus King & Christopher Gore or of either of them.” Lists the accounts for which funds were remitted to Amsterdam: $19,425 for the diplomatic account, $3,862.50 for prosecution of claims in prize cases, and $1,000 for relief and protection of American seamen; funds remitted to London were $11,212.50 for the diplomatic account, $1,500 for prosecution of claims in prize cases, $1,000 for relief and protection of American seamen, and $4,175 for expenses under the treaty with Great Britain. A remittance of £900 has also been made to King and Gore “on account of the Mediterranean powers” in conformity with JM’s 26 Mar. 1803 requisition. Those general designations are the only instructions given either to King and Gore or to the U.S. bankers in Amsterdam. Subsequent information received from King indicates that he has selected Francis Baring & Company to transact treasury and State Department business. As provision must be made in Great Britain for the payment of the large balance due to John Bulkeley & Son of Lisbon, asks JM if he approves the choice of Baring & Company and if remittances for diplomatic and State Department expenses should be made to them; Gallatin intends to employ them for treasury transactions. “As it is understood that the advances made by the United States in the prosecution of claims in England will be reimbursed out of the first proceeds of the awards in July next, and it is necessary that this money should be formally drawn into the Treasury, before it can be applied to any purposes whatever, permit me to suggest the propriety of instructing the Agent of the United States at London, to keep a distinct account of all monies thus received, and after having paid out of the same only the sum for which the United States may have become responsible on account of costs and other expenses incident to the prosecution of the claims, to state without delay the balance remaining on that account, and to place the same in the hands of Sir F. Baring & Co. subject to the Drafts of the Treasurer of the United States.”

   RC (DNA: RG 59, ML). 3 pp. In a clerk’s hand, signed by Gallatin. Docketed by Wagner.

   See JM to Simpson, 26 Mar. 1803, and n. 6.

   See King to Gallatin, 25 Feb. 1803 (King, Life and Correspondence of Rufus King, pp. 223–24). For the long relationship between the U.S. and the banking house of Baring, see Ralph W. Hidy, The House of Baring in American Trade and Finance: English Merchant Bankers at Work, 1763–1861 (Cambridge, Mass., 1949), pp. 31–34.


Title: To James Madison from William E. Hũlings, 12 April 1803 (Abstract)
From: Hũlings, William E.
To: Madison, James

12 April 1803, New Orleans. Refers to his letter of 1 Apr. via Natchez informing JM of the arrival of Laussat, “Whose professions are amical” toward the U.S. “There is a letter in town from a respectable Mercht. of Bordeaux whom I formerly knew in Philada. by which we learn that in consequence of the disastrous news from St Domingo, the troops destined for this Province, were positively ordered to go to that Island. And that it was reported in Bordeaux, that in consequence of some new arrangements, Spain was to retain Louisiana.” In 18 Mar. letters Casa Calvo wrote that he was to leave Havana for New Orleans “about the 24th. following” to deliver Louisiana to the French commissioners in conjunction with Salcedo. As a result, an official galliot has been awaiting Casa Calvo at the Balize since 4 Apr. An unknown cause has delayed him longer than expected. “A letter received by a Spaniard two or three days ago, in fifteen days from Havana, says that the Marquis woud not leave that place until a Courrier arrived from spain, and that the Inhabitants of that City fear’d another rupture between France & England.” Hopes JM will pardon this intrusion on his time but popular reports may be useful. Adds in a postscript that he has “this day” delivered two letters to Salcedo and one to Morales received by express from Natchez. Notes in a postscript dated 14 Mar. [April]: “Since writing the above, I have recd. a letter for Mr. Yrujo, from Mr. Morales, which goes via Natchez. The Port remains shut, and it is beleived will be, until the Intdt. receives Orders from Court.”

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 2 pp.

   The Balize was a fortified settlement at the mouth of the Mississippi River (Jean-Bernard Bossu, Travels in the Interior of North America, 1751–1762, trans. and ed. Seymour Feiler [Norman, Okla., 1962], p. 21 n. 1).

   See Yrujo to JM, 10 Mar. 1803, and n. 2, and Pichon to JM, 11 Mar. 1803, and n. 1.

   In his 13 Apr. 1803 reply to Yrujo’s 11 Mar. letter , Morales stated that Yrujo had no right to give orders in the king’s name and refused to revoke his decision (Whitaker, Mississippi Question, p. 197; León Tello, Documentos relativos a la independencia de Norteamérica, 1:702).

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


Title: To James Madison from Hans Rudolph Saabye, 12 April 1803 (Abstract)
From: Saabye, Hans Rudolph
To: Madison, James

12 April 1803, Copenhagen. Last wrote on 11 Sept. 1802. Received the 26 Aug. State Department circular “a few days ago” and will pay attention to its contents. Refers JM to his letter of 16 Jan. 1802 for comments on the subject. “I add this one Remark, that the Allowance of 12 cents ⅌ diem for a sailor’s maintenance, is quite insuficient for their support, not only here, but also at the greater part of the large Trading Cities, and ought to be stippulated at as much again, lest they might be exposed to real Want. The pay for common Workman is here about 40 cents a day.” Reports that the winter was “rather severe and tedious, and Navigation only opened of late,” but there have been several arrivals from the U.S. The trade situation depends in great part on the negotiations now pending between Great Britain and France. “Notwithstanding the very gloomy appearances, which this contest offers now, it is to be hoped, and devoutly to be wishe⟨d,⟩ that matters may take a more peaceable turn.… Here we are as yet quite tranquil. The only Equipment which has been made, is a frigate, destined for the Mediterrenean to protect the danish Trade there.” Encloses a list [not found] of U.S. ships passing to and from the Baltic in 1802.

   RC (DNA: RG 59, CD, Copenhagen, vol. 1). 2 pp. Docketed by Brent as received 13 June.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:569.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:401–2.

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


Title: To James Madison from Robert R. Livingston, 13 April 1803
From: Livingston, Robert R.
To: Madison, James

No 74
Dear Sir
Paris 13 April 1803 (Midnight)
I have just come from the Minister of the Treasury our conversation was So important that I think it necessary to write it while the impressions are Strong upon my mind, & the rather as I fear that I Shall not have time to copy & Send this letter if I differ [sic] it till morning.
By my letter of yesterday you learned that the Minister had asked me on the 11th whether I would agree to purchase Louisiana &c. On the 12th I called upon him to press this matter further. He then thought proper to declare that his proposition was only personal but Still requested me to make an offer, & upon my declining to do So, as I expected Mr. Munroe the next day he shrugged up his Shoulders & changed the conversation. Not willing however to loose Sight of it, I told him I had been long endeavouring to bring him to Some point but unfortunately without effect—that I wished merely to have the negotiation opened by any proposition on his part, & with that view had written him a note which contained that request grounded upon my apprehension of the consequence of Sending out Genl Bernadotte without enabling him to Say a Treaty was begun.
He told me he would answer my note, but that he must do it evasively because Louisiana was not theirs. I smiled at this assertion & told him that I had Seen the Treaty recognizing it that I knew the Consul had appointed officers to govern the country, & that he had himself told me that Genl Victor was to take possession—That in a note written by express order of the First Consul, he had told me that Genl Bernadotte was to treat relative to it in the United States &c. He Still persisted that they had it in contemplation [to obtain it] but had it not. I told him that I was very well pleased to understand this from him because if so we Should not commit ourselves with them, in taking it from Spain to whom by his account it still belonged & that as we had just cause of complaint against her if Mr Munroe concurred in opinion with me, we Should negotiate no further on the Subject but advise our Government to take possession. He seemed alarmed at the boldness of the measure and told me he would answer my note but that it would be evasively. I told him I Should receive with pleasure any communication from him, but that we were not disposed to triffle—that the times were critical & tho’ I did not know what instructions Mr Munroe might bring, I was perfectly Satisfied that they would require a precise & prompt notice—That I was very fearful from the little progress I had made that my Government would consider me as a very indolent negociator, he laughed & told me that he would give me a certificate that I was the most importunate he had yet met with. There was Something So extraordinary in all this that I did not detail it to you till I found some clue to the labyrinth which I have done as you will find before I finish this letter, & the rather as I was almost certain that I could rely upon the intelligence I had received of the resolution to dispose of this country. This day Mr Munroe passed with me in examining my papers & while he, & Several other Gentlemen were at dinner with me, I observed the Minister of the Treasury walking in my garden. I Sent out Coll Livingston to him, he told him he would return when we had dined. While we were taking coffee he came in, & after being Some time in the room, we Strolled into the next room—when he told me he heard that I had been at his house two days before when he was at St Cloud that he thought I might have Something particular to Say to him & had taken the first opportunity to call on me. I Saw that this was meant as an opening to one of those free conversations which I frequently had with him; I accordingly began on the Subject of the debt & related to him the extraordinary conduct of the Minister &c he told me that this lead to Something important that had been cursorily mentioned to him at St Cloud but as my house was full of Company he thought I had better call upon him any time before Eleven that night. He went away & little after Mr Munroe took leave, I followed him. He told me that he wished me to repeat what I had Said relative to Mr Talleyrand requesting a proposition from me as to the purchase of Louisiana. I did so and concluded with the extreme absurdity of his evasions of that day & Stated the consequence of any delay on this Subject as it would enable Britain to take possession—who would readily relinquish it to us. He said that this proceeded upon a Supposition of her making So Successful a war as to be enabled to retain her conquests. I told him that it was probable that the Same idea might Suggest itself to the United States, in which case it would be their interest to render her Successful, & asked whether it was prudent to throw us into her Scale. This led to long discussions of no moment to repeat, we returned to the point, he Said that what I had told him led him to think that what the Consul had said to him on Sunday at St Cloud (the day on which I told you the determination had been taken to Sell) had more of earnest than he thought at the time that the Consul had asked him what news from England? as he knew he read the papers attentively, he told him that he had Seen in the London papers the proposition for raising 50 000 men to take New-Orleans the Consul Said he had Seen it too, & he had also Seen that Something was Said about 2 000 000 of Ds being disposed among the people about him to bribe them &c and then left him—that afterwards when walking the garden, the Consul came again to him, & spoke to him about the troubles that were excited in America & enquired how far I was Satisfied with his last note—here Some civil things were introduced for which I presume I am more indebted to the Minister’s politeness than to his veracity, So let them Sleep. He (Marbois) then took occasion to mention his Sorrow, that any cause of difference Should exist between our countries. The Consul told him in reply—will you have the charge of the treasury let them give you one hundred millions & pay their own claims, & take the whole country. Seeing by my looks that I was Surprized at So extravagant a demand, he added that he considered the demand as exorbitant, & had told the First Consul that the thing was impossible, that we had not the means of raising it, that the Consul told him we might borrow it. I now plainly Saw the whole business. First Consul was disposed to Sell. Next he distrusted Talleyrand on account of the business of the supposed intention to bribe and meant to put the negotiation into the hands of Marbois whose character for integrity is established. I told him that the United States were anxious to preserve peace with France, that for that reason they wished to remove them to the West Side of the Mississipi, that we would be perfectly Satisfied with New Orleans & the Floridas & had no disposition to extend across the River, that of course we would not give any great Sum for the purchase—that he was right in his Idea of the extreme exorbitancy of the demand which would not fall Short of one hundred and twenty-five millions that however we would be ready to purchase provided the Sum was reduced to reasonable limit. He then pressed me to name the Sum. I told him that this was not worth while because as he only treated the enquiry as a matter of curiosity any declaration of mine would have no effect. If a negotiation was to be opened we Should, Mr Munroe & myself make the offer after mature reflection. This compelled him to declare that tho’ he was not authorized expressly to make the inquiry from me yet that if I could mention any Sum that came near the mark that could be accepted he would communicate it to the First Consul. I told him that we had no Sort of authority to go to a Sum that bore any proportion to what he mentionned, but that as he himself considered the demand as too high he would oblige me by telling me what he thought to be reasonable. He replied that if we Should name sixty million & take upon us the American claims to the amount of twenty more he would try how far it would be accepted. I told him that it was vain to ask any thing that was So greatly beyond our means—that true policy could dictate to the First Consul not to press Such a demand that he must know that it would render the present Government unpopular, & have a tendency at the next election to throw the power into the hands of men who were most hostile to a connection with France, & that this would probably happen in the midst of a war. I asked him whether the few millions acquired at this expence would not be too dearly bought? He frankly confessed that he was of my sentiments—but that he feared the Consul would not relax. I asked him to press this argument upon him together with the danger of seeing the country pass into the hands of Britain. I told him that he had Seen the ardour of the Americans to take it by force, & the difficulty with which they were restrained by the prudence of the President, that he must easily See how much the hands of the war party would be Strenghtened [sic] when they learned that France was upon the eve of a rupture with England. He admitted the weight of this “but, Says he, you know the temper of a youthful conqueror—every thing he does is rapid as lightening we have only to Speak to him as an opportunity presents itself, perhaps in a crowd when he bears no contradiction. When I am alone with him I can speak more freely and he attends but this opportunity Seldom happens, & is always accidental. Try then if you can not come up to my mark—consider the extent of the country, the exclusive navigation of the River, & the importance of having no neig[h]bour to dispute with you, no war to dread.[”] I told him that I considered all these as important considerations, but there was a point beyond which we could not go, & that fell far short of the Sum he mentioned.
I asked him in case of a purchase whether they could Stipulate that France would never possess the Floridas, & that She would aid us to procure them & relinquish all right that She might have to them. He told me that She would go thus far. I added that I could now Say nothing more on the Subject but that I would converse with Mr Munroe, & that I was Sure I should find him disposed to do every thing that was reasonable or could be expected to remove every cause of difference between the two countries—that however if any negotiation Should go on, I could wish that the First Consul would depute Some body to treat with us who had more leisure than the Minister for foreign affairs (I said this to See whether my conjectures relative to him were well founded) he told [me] that as the First Consul knew our personal friendship he having Several times had occasion to Speak of me & my family, & the principles that we held he believed, that there would be no difficulty when the negotiation was Somewhat advanced to have the management of it put into his hands. He earnestly pressed me to make Some proposition that was So near the first Consul’s as to admit his mentioning it to him. I told him that I would consult Mr Munroe, but that neither he nor I could acceed to his ideas on the Subject. Thus, Sir you See a negotiation is fairly opened and upon grounds which I confess I prefer to all others. Commercial priviledges are always troublesome. A simple money transaction is infinitely preferable. As to the quantum I have yet made up no opinion. The field opened to us is infinitely larger than our instructions contemplated. The revenues increasing and the lands more than adequate to sink the capital should we even go the length proposed by Mr. Marbois. Nay I persuade myself that the whole sum may be raised by the sale of the territory west of the Mississippi with the right of sovereignty to some power in Europe whose vicinity we should not fear. I Speak now without reflection & without having Seen Mr Munroe, as it was midnight when I left the treasury office it is now three O’clock. It is So very important that you Should be apprized that a negotiation is actually opened—even before Mr Munroe has been presented in order to calm the tumult which the news of war will renew, that I have lost no time in communicating it. We Shall do all we can to cheapen the purchase but my present sentiment is that we shall buy. I trust it will be necessary to put Some proposition to morrow the Consul goes in a few days to Brussels & every moment is precious.
Mr Munroe will be presented to the Minister to morrow when we Shall press for as early an audience as possible from the First Consul. I am Dear Sir, with the most respectful consideration Your most Obt hum: Servt
Robt R Livingston

   RC (LNHiC); triplicate (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston. Docketed by Brent as received 22 Aug. Italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly in an unidentified hand. Triplicate not decoded. A note on the letterbook copy indicates that the RC was sent by Petry with Livingston’s 11 Apr. 1803 letter.

   Livingston no doubt referred to his letter dated 11 Apr. 1803, in which he related his conversation with Talleyrand.

   Words in brackets were omitted from the RC, but “to obtain” has been supplied interlinearly in an unidentified hand.

   Livingston’s son-in-law, Robert L. Livingston, served as his unofficial private secretary in France (Dangerfield, Chancellor Robert R. Livingston, pp. 380–81).

   The other copies read, “& a little after when.”

   “Well” in the draft.

   The other copies read, “First the Consul.”

   The words “which I confess” were encoded correctly but omitted in the decoding.

   This sentence was miscoded, “Commercial priviledges and alway tru some”; the decoding reads, “Commercial privileges and always to some.”

   “Length” was encoded correctly but omitted in the decoding.