Title: To James Madison from William Neilson, 20 February 1803 (Abstract)
From: Neilson, William
To: Madison, James

20 February 1803, New York. “We transmitted our friend Elias Backman Esqr the state of his Acct. render’d us & he relents [sic] that his services have not been properly estimated by this Government otherwise the small pittance of £150. Sg to reimburse his Charges to & from Stockholm, would not have been withheld from him. He wishes to know to whom the Secretary of the Treasury paid $105:78 on 17th Sepr 1801, for none of his friends have acknowledged the receipt of any such sum.”

   RC (DNA: RG 59, ML). 1 p. Docketed by Wagner. On 19 Mar. 1803 Wagner wrote Neilson that the money had been paid to John Murdock of Virginia (DNA: RG 59, DL, vol. 14).

   For Backman’s earlier claim for reimbursement, see William Neilson & Company to JM, 18 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:251, 252 n.).


Title: From James Madison to Thomas Jefferson, [21 February] 1803
From: Madison, James
To: Jefferson, Thomas

[21 February 1803]
The inclosed report as altered is acquiesced in by Mr. L. In two instances recurred to Congs have already interposed; one of them the Paoli at last Session. The judgmt. of the Court agst Capt. Maley was pd. by Congs. Several Dutch & British precedts. can also be cited. The 7 Art: of the British Treaty & 21 of the Span: go on the responsibility of those Govts. for irregular acts of the Officers under their authy or colour of it. Our instructions relative to Spanish Spoliations have the same implication. If the principle be tenable, it is evidently & greatly in favor of the U. S. in a general view. Two correct copies will be sent to the P. in the morning. The present one is sent that if approved, he may accomodate his message to it without further delay.

   RC (DLC: Jefferson Papers). Unsigned. Undated. Docketed by Jefferson as received 21 Feb. 1803, with his notation, “Danish Brig Henrich, from Hambg. to Cape François.”

   JM evidently enclosed a draft (not found) of his report on the Hendrick, which was submitted to Jefferson on 22 Feb.

   See Levi Lincoln to JM, 10 Feb. 1803.

   For the case of Paolo Paoly, see Richard Söderström to JM, 18 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—)., 3:46, 47 n. 2). On 14 Apr. 1802 Congress had agreed to pay the judgment Paoly won against Capt. William Maley for illegal seizure of his vessel (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 6:47).

   Article 7 of the Jay treaty covered restitution for seizures of American property by British authorities (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:252–53).

   Article 21 of the Treaty of San Lorenzo established a commission to arbitrate cases of American vessels and cargoes seized during the war between France and Spain (ibid., 2:335–36).

   Jefferson’s 23 Feb. 1803 message to Congress, which included JM’s 22 Feb. report, is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:483.


Title: To James Madison from Sylvanus Bourne, 21 February 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

21 February 1803, Baltimore. Sends another parcel of Leiden Gazettes up to 24 Dec. 1802 and notes that the latest issue contains an account of the arrival of General Victor at The Hague, together with the staff of the army destined for Louisiana. “Indeed no further doubts can now be indulged as to the certainty of the preparations making for that expedition.” Captain Gardner has just arrived at Baltimore from Texel with the names of several American ships chartered by France to carry troops to New Orleans. Has long known Gardner as “a man to whose word every confidence is due.” It was supposed the fleet would sail from the Netherlands in late January. Adds in a postscript that he hopes “to visit Washington again before many days.”

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

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


Title: To James Madison from George W. Erving, 21 February 1803 (Abstract)
From: Erving, George W.
To: Madison, James

21 February 1803, London. No. 15. “All the Consuls have not yet transmitted their Accounts for the last half-year, that of Mr. Fox for the reasons stated in a former letter cannot yet be compleated; and as we have now no Fund for settling the ballances which may be due, I have thought it best to refer them over to the next half year, and no longer to delay sending my Consular, and Seaman Agency Account up to the 31st. of December; which together with my Account as Agent for Claims, & a List of Ships which have been reported at this Office for the last half year I have herewith the Honor to inclose.”

   RC (DNA: RG 59, CD, London, vol. 8). 1 p. In a clerk’s hand, signed by Erving. Enclosures not found.

   For the extra expenses incurred by Robert W. Fox at Falmouth, see Erving to JM, 20 Jan. 1803, and Fox to JM, 31 Jan. 1803.

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


Title: To James Madison from Albert Gallatin, 21 February 1803 (Abstract)
From: Gallatin, Albert
To: Madison, James

21 February 1803, Treasury Department. Transmits a copy of a letter from the collector at Baltimore enclosing various documents containing “all the information that can be obtained in relation to the complaint made by the Spanish Minister on that subject.”

   RC and enclosures (DNA: RG 59, ML). RC 1 p. In a clerk’s hand, signed by Gallatin. For enclosures, see n. 1.

   Gallatin enclosed a copy of a 12 Feb. 1803 letter from Robert Purviance (2 pp.) acknowledging receipt of Gallatin to Purviance, 8 Feb. 1803, which contained an extract of Yrujo’s 27 Jan. complaint to JM about the Augusta. Purviance forwarded a certificate from notary public Samuel Sterett explaining how the document in question was obtained from the collector’s office, which would “remove all just grounds of suspicion” that any customs officers were implicated in the business. As soon as Maryland attorney general Luther Martin returned from Washington, Purviance would forward a statement from him. Also enclosed was a copy of a 4 Jan. 1803 letter (1 p.) from Purviance to Maryland district attorney Zebulon Hollingsworth announcing the seizure of the Augusta for violation of the act for registering vessels and ordering Hollingsworth “to issue process against the vessel.” Purviance said security for the amount of the ship’s appraised value had been deposited and noted that the vessel had been altered from a brig to a ship before the incident. Purviance also enclosed 12 Feb. 1803 depositions by Sterett (4 pp.) and interpreter Louis Bernard (4 pp.) stating that owner Seth Sanger had removed an uncompleted protest from Sterett’s office and used it to obtain new ship’s papers from Spanish consul Bernabeu. Sterett notified Bernabeu of the fraud and requested the return of the document. Purviance refused to return the protest, but Bernard received the document from a deputy collector and took it to Martin. Deciding there was not enough evidence to prosecute, Martin gave the paper to Sterett. When Purviance demanded return of the document, Sterett complied, after removing his signature and seal. Purviance accused Bernard and Sterett of collusion, which both men denied.


Title: To James Madison from James Monroe, 22 February 1803
From: Monroe, James
To: Madison, James

Dear SirNew York Feby 22. 1803.
I arrived here on saturday so much overcome with the fatigue of the journey that I kept my bed yesterday & was attended by a phisician. To day I am better tho confined to my room. In a day or two I shall be well. A ship was engaged for me, the cabbin prepared, & she detained sometime at my expence, & finally sailed, on acct. of the great expence of her detention and the uncertainty of my movments. A ship called the Richmd. is here & will sail in abt. 10. or 12. days bound to Hamburg but will land me in Havre. In her I shall take a passage. In my next I will be more particular. I heard with regret the senate wod. discuss the appropriation with open door. I trust this will not be the case. It is said that a new constn. is formed or forming in France whereby Bounaparte is Emperor of the Gauls. A report, said to be sanctioned from some person by letter from Paris, is the foundation of this. I am sincerely yr. friend
Jas. Monroe

   RC (DLC).


Title: To James Madison from Charles Pinckney, 22 February 1803
From: Pinckney, Charles
To: Madison, James

Dear Sir,February 22: 1803 In Madrid
My last informed you of my return in the Spanish Squadron from Leghorn to Spain by water, by which I avoided the being obliged to return by land, by a very long route & over a Country, nearly the whole of which I had already seen, by which means my journey was so much shortened that I returned to this Country two weeks after the Court returned from their Tour, and reestablished themselves at their usual residence. On my return I found your Dispatches of the 11th. May, 25th. October & 27th. November & 1st. December—the three latter recently arrived. Previously to my letter reaching Mr. Graham, acquainting him with my return to Carthagena, he had made a Representation to the Secretary of State, relative to the order issued by the Intendant of New Orleans, as the affair did not admit of delay. This Representation, founded on your instructions, produced a reply, that His Majesty, always faithful to his Treaties, would certainly take care that the United States should not be deprived of any of the benefits arising from the existing one between the two Countries, and that information should be demanded from the Intendant of New Orleans. Immediately upon my arrival, viewing the subject as of the greatest importance, I requested of Mr. Cevallos, the Secretary of State, an audience, in which I stated to him in the most forcible terms, the substance of the information I had received, & of your reasonings upon it; informing him at the same time, that such was the importance & delicacy of the situation of things in that neighbourhood, & the necessity of an immediate & positive answer to our application, that I was apprehensive any general answer would be considered as insufficient, & that wishing, as he well knew I had always done, the most perfect friendship & cordiality to exist between the two Countries, I had hoped he would enable me to say something satisfactory to the Executive on a point so extremely interesting, and which our Government had taken up in a very serious manner. He began by acknowledging the importance of the free exercise of the navigation of the River, & the right of deposit, and said, that when he had first received the information of the order of the Intendant, he was extremely surprised—he assured me, the Government here knew nothing of it, and that an order should be issued to the proper authorities in New Orleans, directing them to restore the Commerce of the United States to its situation prior to this order, & to regulate it in all respects by the Treaty of 1795. I requested him to send a copy of the order to the Spanish Minister in the United States, to shew to our Executive, which he promised me he would. I afterwards wrote him a note, requesting him to furnish me with a copy to forward also, but as it is only a day or two since I wrote him this, I have not yet received an answer. I am convinced from what passed, this Government knew nothing of the prohibition, and I am hopeful, from the manner in which Mr. Cevallos conversed upon the subject, that ample orders will be given to prevent like inconveniences & repair the damages—if my expectations are not fulfilled, you shall receive the earliest information of their withholding the satisfaction we are entitled to. In the course of the conversation, I took the opportunity of stating to him again, the importance of the United States having a territ⟨ory⟩ of their own on the banks of the Missisippi for the Purpose of securing the right of deposit and navigation, and removing the grounds of difference between them and their neighbours—that the late conduct of the Intendant of New Orleans and every days experience proved the necessity of such an arrangement for the purpose of securing the peace and friendship of the nations concerned—that I hoped it was not yet too late for Spain either from herself or her influence to obtain this arrangement and that I was authorized to make to her some propositions upon the subject so extremely interesting to her possessions in that part of the world—that I was sure she would give them the most serious consideration. I then renewed the propositions of last year and added those authorized by your letter of the 11th. May. A copy of my letter on this subject, with the propositions, accompanies this dispatch. I shall attend very closely to this business, & to that of a supplamentary provision for the claims of our Citizens, arising from the acts of Aliens within the Spanish territory. On this subject, I am in daily expectation to hear from the Government; because, should the Convention not be ratified, or ratified conditionally, it will make an interesting difference in the nature of the representations to be made. On the other subjects now in discussion between us, I shall write you again very shortly, & on the subject of the Quarantine particularly.
Since writing the above I have received a letter from Mr. Cevallos in answer to mine on the subject of the deposit at New Orleans, a copy of which is inclosed & I trust it will prove satisfactory. I have the honor to be with great respect & regard, Dear Sir, Your’s truly.
Charles Pinckney

   RC, two copies, and enclosures (DNA: RG 59, DD, Spain, vol. 6). Both RCs in a clerk’s hand, signed and dated by Pinckney. Italicized words were written in code; key not found. First RC decoded interlinearly by Wagner. Second RC not decoded; docketed by Wagner as received 9 May. For enclosures, see nn. 7 and 8.

   Pinckney to JM, 28 Jan. 1803.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:215–16.

   See Graham to JM, 8 Feb. 1803, and n. 2.

   For the Spanish government’s order to close the deposit, see Hũlings to JM, 20 Jan. 1803, n. 2.

   Treasury minister Soler wrote to Morales on 13 Feb. 1803, directing him to tolerate the deposit unofficially without repealing his 16 Oct. 1802 proclamation. Cevallos wrote to Yrujo on 16 Feb. 1803 informing him of Soler’s order. The official order to reopen the deposit was dated 1 Mar. 1803 (Whitaker, Mississippi Question, pp. 230–31).

   See Pinckney to JM, 6 Apr. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:104–5 and n. 3).

   Pinckney enclosed a copy of his 17 Feb. 1803 letter to Cevallos (3 pp.; partly in code; decoded interlinearly by Wagner), in which he referred again to U.S. concern over the closing of the deposit and his pleasure at learning that the intendant’s order would be revoked. He asked that copies of the order to Morales be sent to himself and to Yrujo, who could show it to U.S. officials and forward it to Morales. He repeated the offers made in the propositions he had delivered to Cevallos and asked that they be submitted to the king. Pinckney also enclosed a copy (1 p.; in code; decoded interlinearly by Wagner) of the propositions he had made to Cevallos, which offered several alternatives: first, that the U.S. would buy the Spanish possessions east of the Mississippi for an unstated sum; second, that the U.S. would purchase the same territory for an unstated sum and would guarantee in perpetuity Spanish possessions west of the Mississippi; third, that the U.S. would purchase the country between the Mississippi and Mobile Rivers as well as places of deposit at the mouths of the other rivers passing from U.S. territory through the Floridas, for which they would pay an unstated sum or “enter into other obligations which may be thought equivalent to the acquirement”; fourth, that the U.S. would purchase tracts of land on the banks of the Mississippi and of the other rivers passing from U.S. territory to that of Spain, for which they would pay money or enter into other obligations which might be considered equivalent.

   On the last page of this dispatch, Pinckney’s clerk copied Cevallos’s 28 Feb. letter (in Spanish), a reply to Pinckney’s 24 Feb. note (not found), in which Cevallos reported that Soler had ordered Morales to suspend the effects of whatever edict he had issued. Cevallos noted that a copy of the order had also been sent to Someruelos.


Title: To James Madison from Isaac Briggs, 22 February 1803 (Abstract)
From: Briggs, Isaac
To: Madison, James

22 February 1803, Washington. “I am directed by the American Board of Agriculture to request thy attendance, in the Library, at the Capitol, 7 o’clock this Evening.”

   RC (DNA: RG 59, ML). 1 p. Dated “21st. of 2nd. Mo. 1803” by Briggs. Date corrected here on the basis of circumstances described in n. 1.

   According to both the National Intelligencer and the “Journal of the American Board of Agriculture” kept by Briggs, the meeting was held on 22 Feb. (National Intelligencer, 25 Feb. 1803). JM did not attend but was elected president of the board. Samuel Latham Mitchill and George Logan were vice presidents, Isaac Briggs was secretary, and Joseph Nourse was treasurer. Briggs’s journal, incorporating the minutes of the meeting and the constitution adopted, is filed with Briggs’s letter of 1 Jan. 1803 in JM’s papers (DLC; docketed by JM, “Isaac Briggs / Plan of Agricul: Society drawn by him in 1803”).


Title: From James Madison to Robert R. Livingston, 23 February 1803
From: Madison, James
To: Livingston, Robert R.

Sir,Department of State, February 23d 1803
Since my last which was of the 18th day of January, I have received your several letters of the 11th and 14th November, 1802.
As you will receive this from the hands of Mr. Monroe, I refer to him for full information relative to our internal affairs generally, and in particular to the violation of our right of deposit at New Orleans, with the impressions and proceedings which have resulted from it.
In his hands also are the Commission and instructions in which he is joined with yourself, to treat with the French Government for an enlargement of our rights and our security in the Southwestern neighbourhood of the United States. These documents with the communications and explanations which Mr Monroe will be able to add, will put you in full possession of the subject.
The negotiation to be opened will bring the disposition and views of the French Government to a test. If it should meet the negotiation, in a proper spirit and with a just estimate of the real interests of France, not only a favourable issue may be expected; but it will be proper for you to avail yourself of the occasion, to insist on a prompt and complete fulfilment of the Convention, so long delayed on that side; but which was so readily and so liberally executed on ours; and on a fair discharge of the pecuniary engagements of every description, to the Citizens of the United States.
The occasion may be proper also for obtaining satisfaction to Captns Rodgers & Davidson for the outrages committed on them in St Domingo. The death of Genl Le Clerc will have lessened the influence of his connection with the subject, in obstructing a just consideration of it.
A return to your representations on the subject of the French navigation laws, may be equally recommended by the occasion. Altho’ the present session of Congress, like the last, will pass over without any countervailing regulations here, it cannot be doubted that the discriminations made by France, with a view to exclude our shipping from a fair share in the freight of our own productions, will and can be effectually counteracted by the United States, if not corrected by herself. Should a disposition appear to take up the whole subject of commerce between the two Countries with a view to conventional regulations on just principles the President authorizes you to express a like disposition in the Government of the United States. But he prefers for the discussions, this place to Paris, for the double reason, that the requisite commercial information could be more readily gained here than there; and that a French negotiator might here be more easily and fully impressed with the importance of our commerce to France, than could be done at Paris. Mr. Otto it is presumed would not be an unfavourable Minister for such a business; and may, if the French Government incline, bring with him the necessary authorities and instructions for entering upon it.
If instead of those friendly sentiments and purposes which may be improved into a solid and satisfactory adjustment of the mutual interests of the two nations, the French Government should betray a settled repugnance to just arrangements with the United States; and above all if it should manifest or betray a hostile spirit towards them, or be found to meditate projects inconsistent with their rights, and consequently leading to a rupture, not a moment is to be lost in forwarding the information, in order that the measures both external and internal, adapted to such a state of things, may be seasonably taken. I have the honor, Sir, to be With very great respect Your most obed. servt
James Madison

   RC (OTU: Maher Family Collection); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM.

   JM’s most recent communication to Livingston was dated 7 Feb. 1803.

   See JM to Livingston and Monroe, 2 Mar. 1803.


Title: To James Madison from Thomas T. Davis, 23 February 1803 (Abstract)
From: Davis, Thomas T.
To: Madison, James

23 February 1803, House of Representatives. States that Col. Abraham Trigg of Virginia and Robert Williams of North Carolina wish to be appointed commissioners for disposing of the lands in the Mississippi Territory.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Trigg”). 1 p. Docketed by Jefferson. Printed in Carter, Territorial Papers, Mississippi, 5:190.

   Thomas Terry Davis (d. 1807) represented Kentucky in the House of Representatives from 1797 to 1803, when Jefferson appointed him U.S. judge for the Indiana Territory. He was chancellor of the territory from 1806 to 1807 (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 16:397 n. 4).

   On 3 Mar. 1803 Congress passed a law regulating the disposal of lands south of Tennessee and establishing commissions to decide on the validity of titles (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:229–35).


Title: To James Madison from Shandy Yard, 23 February 1803
From: Yard, Shandy
To: Madison, James

Letter not found. 23 February 1803, Philadelphia. Acknowledged in Brent to Yard, 14 Mar. 1803 (DNA: RG 59, DL, vol. 14), as enclosing two copies of a petition. Brent stated that JM had forwarded the petition to George Logan and Michael Leib to be presented to their respective houses of Congress and referred Yard to them for information on his prospects. Shandy Yard, a free black mariner from Philadelphia, had been the steward on the Franklin. His petition requesting relief for loss of property and personal injuries sustained while he was a captive in Tripoli was presented to the House on 2 Mar. 1803 and rejected on 16 Nov. 1803 (Robinson, Philadelphia Directory for 1803 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 4858], p. 280; Philadelphia Aurora General Advertiser, 14 Feb. 1803; Journal of the U.S. House of Representatives, 7th Cong., 2d sess., p. 349; ibid., 8th Cong., 1st sess., pp. 99–100, 111).


Title: To James Madison from Gabriel Duvall, 24 February 1803 (Abstract)
From: Duvall, Gabriel
To: Madison, James

24 February 1803, Washington. Lays the enclosed letter before JM so he may see the handwriting of the applicant. Does not know the duties of the vacant station in JM’s office but is confident that Whetcroft has few equals as a transcribing clerk. Has known him for many years, during which he gave “entire satisfaction” as a clerk in various departments. Whetcroft has been a notary public at Washington for some years and is acquainted with business. He is diligent, attentive, and of good character.

   RC and enclosure (DNA: RG 59, LAR, 1801–9, filed under “Whetcroft”). RC 1 p. Enclosure is Henry Whetcroft to Duvall, 24 Feb. 1803 (1 p.), requesting a letter of recommendation for the vacant position in the State Department.


Title: To James Madison from William Eustis, 24 February 1803 (Abstract)
From: Eustis, William
To: Madison, James

24 February 1803, Washington. Encloses recommendations for the appointment of Thomas Lovell, son of James Lovell, naval officer at Boston, as consul for the department of La Charente Inférieure. Adds his own opinion of Lovell’s fitness for the office.

   RC and enclosures (DNA: RG 59, LAR, 1801–9, filed under “Lovell”). RC 1 p. Docketed by Jefferson. For enclosures, see n. 1.

   The enclosures are James Lovell to Eustis, 12 Jan. 1803 (3 pp.), supporting his son’s request for the appointment and explaining that Capt. Benjamin Homans had brought news of the changed character of Thomas, from whom Lovell had been estranged since Thomas had made “very free and … very saucy” and “frenchified” comments about John Adams and French spoliations; and an undated statement from Homans (2 pp.) describing the region about La Rochelle, which was under the consulate of Bordeaux but was in need of a resident American to replace the French vice-consuls appointed by William Lee, and listing the qualifications and local connections of Thomas Lovell. Lovell was appointed consul at La Rochelle on 3 Mar. 1803 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:447).


Title: To James Madison from Richard O’Brien, 24 February 1803 (Abstract)
From: O’Brien, Richard
To: Madison, James

24 February 1803, Algiers. Two French frigates “this day” arrived in eight days from Toulon. Finds France and Algiers “will not wrangle at present as neither Seems inclineable for a Real war.” Algiers has no merchant ships, and France “will pause and Consider whether She has not a greater interest in The preservation of This regency & The System of Barbary Then in its destruction.” A Spanish frigate arrived on 20 Feb. with a new consul who brought $55,000 worth of presents and a sum in cash. These events will hasten “difficulties” between the dey and the U.S., as the dey on 17 and 25 Jan. threatened “difficulties” if the stores did not arrive shortly. Hopes the dey will have patience. Sees no alternative for the U.S. but compliance or fighting; “at all events our Commerce Should be gaurded against a Sudden Surprize.” Has given this information to U.S. consuls in the Mediterranean. Uncertainty of the mode of conveyance of this letter prevents his adding more. Notes in a postscript that he has seen nothing yet of Morris or Cathcart.

   RC (DNA: RG 59, CD, Algiers, vol. 6). 1 p. Docketed by Wagner as received 19 May.

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


Title: To James Madison from William E. Hũlings, 25 February 1803
From: Hũlings, William E.
To: Madison, James

SirNew Orleans 25th. feby 1803
Last eveng. I received a letter from Govr. Clairborne [sic], inclosing a copy of one from you to him; and a letter for Mr. Morales the Intendt. of this Province, which I immediately delivered to him.
In my letter of the 15th. Inst. which inclosed a triplicate of the Intendt’s. decree, permitting the entry of Eatables (only) for the supply of the Province, from the American countries on the Ohio; I intimated to you that it was now generally believed here that Mr. Morales had not annihilated the American Deposit, without orders from his Superiors. Of this, you are, no doubt, fully informed by the Spanish Minister e’er now. We remain ignorant of the real state of the Business, and it is only by inference drawn from his conduct in keeping the Deposit rigidly shut, and the calmness and sang froid with which he appears to receive the letters from the Minister; that we can form an opinion on the subject. His decree of the 16th. October relative to the Deposit is worded in such a Manner as to Make it be believed that it was from his conception of the meaning of the Treaty, that he acted. May this not be intended to draw the U. S. into a negotiation, and prevent a Coup de Main, before the French arrive. Many & heavy inconveniences already attend the Citizens of the U. S., what must take place when the Mississy. is covered with their boats? I have Sir the honour to be most respectfully—your Obdt. Servt. &c.
Wm. E Hũlings

   RC (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Wagner. A triplicate copy (ibid.), written above Hũlings to JM, 23 Mar. 1803, has a postscript not on the RC: “N B. The duplicate of the prec[e]ding letter went by the Brig Tartar, Mathew Strong Master, and containd the Intendts. answer to The Spanish Ministers third letter. Saild about 1st. March.”

   See JM to Claiborne, 17 Jan. 1803, and n. 3.


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

Dear SirNew York Feby 25. 1803.
Since my last the cabbin of the ship Richmond is taken for me at 800. dolrs. The ship is destined to Hambg. but will land me at Havre, by approaching the town sufficiently near to make the landing easy. The stores will form an additional charge. The charges incident to the engagment of the warren, by detention &ca will amount to abt. 500. Had she not been dismissed they wod. have been more than double that sum before I can expect to sail. You will recollect that it was expected on my first arrival at Washington that I shod. sail early in the first week of the present month, on which principle my letters were written here, and the engagment with the Warren made. The delay of my departure has proceeded from causes not forseen at the time, tho’ irresistible. The Richmond is to sail next week; abt. thursday next I think she will be ready; if delayed longer than sunday it will probably be at my charge. The price of the Cabbin is thought reasonable, as it is commodious, wod. accomodate eight or more passengers several of whom offer at 30. guineas each, and it is thought that that number might be had. My expences from Virga. to this place, (including those at Washingtn.), & here will be as light as possible, as will be those which occur in the prosecution of the route to Paris. Still you will perceive that they will amount to something serious. The charges incident to the first ship, & the cabbin of the 2d. make 1300. dolrs. The stores will not cost less than 200. (perhaps more); they cost 400. at least before both in returning & going to France, but having gained some experience I may make them more reasonable on this occasion. They will unfortunately exceed the sum wh. my circumstances permitted me to retain for the object: the excess shall be as small as possible. I am aware that it can not be supplied from other than private sources. Perhaps I shall be compelled to trespass on yr. friendship again in this respect. When the affr. is brought to a close I shall write you more fully on the subject. It is stated in the papers here that an outfit was advanc’d me wh. is false. A sum is advanc’d to defray expences for wh. I am accountable, on the principle of the Presidents letters to me wh. you will be so kind as forward with yr. other papers.
The proceedings in the senate mark very distinctly the views of the party opposed to the govt., and prove what I always believed its leaders to be mere subaltern men. They are precisely the measures I wod. wish them to take to give aid to the mission in train, or justify the govt. in case it failed in the object, in taking a decisive course in respect to it at home. I only want these proceedings to reach France, be printed & understood before I get there. Shod. the mission fail & the measures suggested be resorted to, it will be difficult for the opposition to wheel suddenly round again. If the appropriation is totally suspended it will have a good effect, as it may be inferr’d abroad that the sum was the cause, whereas the publick sentiment has been too strongly expressed for that circumstance to impose any restraint on the conduct of the admn. I take the liberty to enclose you a letter for my representative in Virga. Major Lewis, & shall trouble you with others, as I have time to write them. I shall send you a list of the plate &ca with an order for it in my next. Be so good as make my respects to Mr. Jefferson, & inform him that I shall write him before my departure. I am almost recovered from the indisposition occasioned by the fatigue of my journey here. My family are in health & desire to be affecy. remembd. to yours. Sincerely I am dear sir yr. fnd. & servt
Jas. Monroe
There can be no impropriety in avoiding the postage as I shod. not be here on my own business, and shod. have a right to charge it elsewhere I mean abroad.

   RC (DLC: Rives Collection, Madison Papers).

   For JM’s advances to Monroe following the latter’s return from France in 1797, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:60, 61, 62 n. 1, 168 and n. 2.

   For the financial arrangements offered to Monroe, see Jefferson to Monroe, 13 Jan. 1803 (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:191–92).

   James Ross’s resolutions asserting that “the United States have an indisputable right to the free navigation of the river Mississippi, and to a convenient place of deposit for their produce” were introduced in the Senate on 16 Feb. The resolutions authorized the president “to take immediate possession of such place or places” in New Orleans or adjacent territories as he deemed fit and to call into service a militia of up to fifty thousand men from the southwestern states and Mississippi Territory to be used in conjunction with the army and navy; the sum of $5 million was to be appropriated for the purpose. Debate on the resolutions continued from 23 to 25 Feb., when they were defeated (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 91–97, 105–51, 152–206, 208–55).


Title: To James Madison from William Riggin, 26 February 1803 (Abstract)
From: Riggin, William
To: Madison, James

26 February 1803, Trieste. Refers to his letter of 6 Oct. 1802 acknowledging receipt of his commission as consul. Having had no reply to two applications made to the government to have the commission accepted, plans to embark for the U.S. if a “satisfactory answer” is not received in a short time. “I learn from good authority that the cause of this delay arises from Mr. Lamson … having presented a petition to this Government, stating that he had received no letter of recal[l] and praying them to suspend the acceptance of my application till it was further confirmed by the President.”

   RC (DNA: RG 59, CD, Trieste, vol. 1). 3 pp. Docketed by Wagner as received 6 May.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:614.

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


Title: Resolution of the House of Representatives, 26 February 1803 (Abstract)
From: House of Representatives
To:

26 February 1803. Orders that JM be directed to transmit, under his frank, to each member of Congress, a copy of the laws of the present session of Congress as soon as printed.

   Ms (DNA: RG 59, ML). 1 p. Marked “Extract from the Journal.” Signed by William Lambert for John Beckley. Docketed by Wagner.


Title: To James Madison from Albert Gallatin, [27 February] 1803
From: Gallatin, Albert
To: Madison, James

Dear SirSunday morning [27 February 1803]
I send the letter, which is longer than I expected, and of which I have no copy. I will, therefore want it lent again to me, when you shall have done with it, in order that I may transcribe it.
The classes of american citizens in whose favor we should assume payment of french debts seem to be 1st. those whose property shall have been taken in Europe or the West Indias or elsewhere by or under the authority of the French Govt. without the consent of the parties—2dly. those who shall have made contracts for supplies with the Government—3dly those captured at sea whom the French Govt. may think proper to admit to have been illegally captured. If there is any danger that those captures which should have been restored by virtue of the Convention (not being ultimately condemned) shall not be paid for, they should of course be placed in the first rank. Debts due to american citizens who were agents of the French Govt. should be expressly excepted—Swan for instance.
Perhaps the French Govt. may insist on our paying Beaumarchais, as they have interested themselves in his favr. Quere whether that should be agreed on?
If West Florida can alone be purchased, it is certainly worth attending to; but in that case, making the river Iberville the boundary as it was made in the treaty of 1762 between France & England, the article should be so worded as to give us the whole channel of that river, or at least to permit us to open it so as to render it navigable in all seasons. At present the bed is 30 feet above low water mark for 15 miles from the Mississipi to Amit river; but I have no doubt that a very small opening would be widened & deepened afterwards by the river. There is no obstruction, the whole being level and mud or sand. But supposing even a portage there, the advantage of american houses settled in an american port would soon give a preference over New Orleans to that port. The sea port may be perhaps on the main between Pearl & Pasgacola rivers, but certainly on that island called “Ship Island” as through the passage between that & the next island there are more than 20 feet water & good anchorage close to the shore which faces the main. A frigate of 36 guns was seen there by E. Jones (the first clerk in my office who is brother of our late consul at New Orleans & lived ten years with him in W. Florida) & it is the reason of its bearing that name. Judge Bay says that there is another island called Deer Island close to the entrance of Lake Pontchartrain which affords the same advantages. That Jones disbelieves; but the other is certain, and as it is about half way between Mobile & the lake; as the whole navigation between those two places is locked in by the islands & safe even for open boats & canoes; that island would become the proper Sea-port for both rivers Mississipi and Mobile; for you can bring but 9 feet up Mobile bay, 7 feet over the bar of lake Pontchartrain & 15 over the bar at the mouth of the Mississipi. It results from all that, that the possession of West Florida, even without New Orleans island, is extremely important, and that if it can be obtained, it ought expressly to include all the islands within twenty leagues or such distance as to include those which are marked on the map.
Please to send me the paper which I gave you yesterday. Your’s
Albert Gallatin

   RC (DLC); partial Tr (DLC: Rives Collection, Madison Papers). RC dated 1803 in the Index to the James Madison Papers. Date assigned here on the basis that 27 Feb. was the Sunday before 1 Mar. 1803, when JM wrote to Monroe and enclosed the partial Tr. RC docketed by JM; also docketed by Wagner, “Mr. Gallatine / hints on Mr. Monroe’s negotiation.” Partial Tr (see n. 5) dated “Feby 1803” by JM; docketed by Monroe, “1 March 1803 / from Mr. Madison / private”; misdated 7 Feb. 1803 in Madison, Letters (Cong. ed.)[William C. Rives and Philip R. Fendall, eds.], Letters and Other Writings of James Madison (published by order of Congress; 4 vols.; Philadelphia, 1865)., 2:179–80, and Madison, Writings (Hunt ed.)Gaillard Hunt, ed., The Writings of James Madison (9 vols.; New York, 1900–1910)., 7:32–33 n.

   Gallatin probably referred to his letter to JM dated 28 Feb. 1803.

   For Swan’s activities as commercial agent for France, see Howard C. Rice, “James Swan: Agent of the French Republic, 1794–1796,” New England Quarterly, 10 (1937): 464–86. In spite of Gallatin’s advice, Swan’s claims against France were included in the conjectural note of claims attached to the Louisiana Purchase conventions by Livingston and Monroe (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 6:170–71).

   In article 6 of the preliminary articles of peace between Great Britain and France signed at Fontainbleau on 3 Nov. 1762, it was agreed that the western boundary of West Florida would run down the middle of the Mississippi River to the Iberville (now Bayou Manchac) and down the middle of the Iberville and of Lakes Maurepas and Pontchartrain to the sea (Charles Jenkinson, ed., A Collection of All the Treaties of Peace, Alliance, and Commerce, between Great-Britain and Other Powers, from the Treaty Signed at Munster in 1648, to the Treaties Signed at Paris in 1783 [3 vols.; 1785; London, 1968 reprint], 3:169).

   Ship Island lies offshore Biloxi, Mississippi.

   Partial Tr consists of the preceding paragraph. The map referred to by Gallatin has not been identified.


Title: From James Madison to James Monroe, 28 February 1803
From: Madison, James
To: Monroe, James

Dear SirWashington Feby. 28. 1803
Inclosed herewith is the Cypher you are to carry with you. I send it apart from the despatches, because I shall put a few words in them into Cypher. The despatches will probably go off on wednesday morning, or thursday at farthest. They have been delayed by the slowness of Congs. in passing the law for which they waited.
I recd. last evening yours of the 22d. & expect to hear further from you by the mail of today. My final private letter will accompany the public communications. Adu. Yrs.

   RC (DLC). Signature clipped. Docketed by Monroe. For enclosure, see n. 1.

   The code JM enclosed (NN: Monroe Papers; docketed by Wagner, “Mr. Monroe’s cyphers”), which differed from the one used by Livingston, was employed in diplomatic correspondence for the next several years. JM used it for the first time in his 2 Mar. 1803 dispatch to Livingston and Monroe. Livingston and Monroe used it for the first time in their joint letter to JM of 7 June 1803 (DNA: RG 59, DD, France, vol. 8). For a description and printed copy of the code, see Weber, United States Diplomatic Codes and Ciphers, pp. 154–56, 478–89.

   On 26 Feb. 1803 Congress passed the “Act making further provision for the expenses attending the intercourse between the United States and foreign nations,” which authorized the president to spend $2 million for the purchase of New Orleans (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 370–74).


Title: To James Madison from Albert Gallatin, 28 February 1803
From: Gallatin, Albert
To: Madison, James

SirTreasury Department 28th Feby. 1803
I have, in conformity with your request, considered the several modes in which the Ministers of the United States might avail themselves of the two millions of dollars appropriated for the purposes of foreign intercourse by the last law of Congress.
If, by the terms of the proposed convention, it can be agreed on to make the intended payment at the treasury of the United States to an authorized agent of the French republic, that mode should, by all means, be embraced. It will not only be less expensive and more convenient to us; but I apprehend that although the treasury may be drained by the payment, the nation will not be much the poorer if that shall be the manner of paying; for, under the present relations, of the United States and of the French West India islands, the greater part of the funds, which may be at the disposal of the French government in America, will, whatever may be their immediate application, revert to the citizens of the United States. It appears, therefore, to me that if a negotiation can at all be effected on those terms, our ministers should absolutely adhere to that mode of payment.
It is, however, very probable that the only inducement which will prevail on the French Government to assent to a sale, if, indeed, a purchase is practicable on any terms, will be their want of credit and economy and some sudden & urging want of money at home. If that shall be the case, our ministers must raise the money in Europe, and that they can do only in three ways, 1st by obtaining a loan for a number of years 2dly by drawing bills upon the treasury; & 3dly by obtaining from some bankers in England, Holland or France a temporary advance to be repaid immediately by the Treasury of the United States in Europe.
The first mode I disapprove altogether: if we shal⟨l⟩ be obliged to borrow for a number of years, it is far more eligible to do it here than in Europe; a permanent loan if we shall succeed in the negotiation may probably be altogether avoided, as our situation will be perfectly safe, and our land & import revenue probably rendered more productive; our six per cent stock is now 5 per cent higher in America than in England, & the interest of money still continues high in Holland, for which reasons it is not probable that loans for a number of years could be effected in either country without paying for the whole time a rate of interest proportionate to the existing market price of stocks there; finally, if such species of loans is practicable, a temporary advance will be obtained with still greater facility, and we shall not have to pay in that case an extraordinary rate of interest or other charg⟨e⟩ for a longer time than that for which the advance shall have been obtained.
The second mode, that of drawing bills on the treasury, is, however more eligible than either a loan for a number of years or a temporary advance to be repaid in Europe: for, by adopting it, we shall enjoy the great convenience of paying in America; the sum we Shall have to pay will be made certain by the rate of exchange which shall be fixed; and we shall avoid the risks of remittance, as well as commissions, charges, prolonged interest &a. I wish, therefore, that that mode should be adopted in preference to any other; (that of a payment in dollars to an agent of the foreign Government and at the treasury of the United States only excepted;) The bills ought in that case to be drawn at no shorter period than Sixty days after sight; and they may be drawn either in dollars which is the most eligible mode, or in Pounds sterling or current guilders of Holland payable in the United States at the existing rate of exchange when they shall become due; this last mode is less eligible on account of the uncertainty of the amount which we shall have to pay in that case; and the bills ought not to be drawn in livres tournois, unless the rate of exchange shall be fixed on the face of the bills, (which is the same thing as if they were drawn in dollars,) because there is hardly ever any current rate of exchange between this country and France. For that reason, it is proper here generally to observe that in any agreement which may be made with France to pay a sum of money Expres⟨sed⟩ in livres tournois, but payable in another country than France, the rate of exchange, to avoid any difficulties, ought to be fixed. The value of the new French francs I do not perfectly know; but as a crown of six livres tournois has been proved by repeated assays made here to be worth one dollar & ten cents, the true par of exchange is eighteen cents and one third for one livre tournois.
The possibility of selling bills on the treasury of the United States must, however, depend on the demand for them; and if there shall not exist, at the time, a want in Europe of funds in the United States our ministers will not be able to dispose of bills in this country to any considerable amount. In that very probable case, they must recur to the third mod⟨e,⟩ inconvenient as it is, of obtaining money from some Bankers in Europe on promise of its being repaid within as short time as practicable by remittances from the Treasury of the United States. If that mode shall be adopted, the obligation of re-payment must be confined to London, it being the only place on which we are always sure of obtaining bills to a large amount within a short time; and the period of re-payment must be twelve months from the time when the money shall have been advanced in Europe: I say twelve months; for we must calculate on five months for the time employed in transmitting the information from Europe to the Treasury and that of transmitting the remittances, after they shall have been purchased here, from the United States to Europe; the bills purchased here will be at sixty days sight; which will leave us only five months here to raise the money & purchase bills to that amount. As, however, the Treasury would begin its purchases from the moment when an account should have been received of the negotiation, and as the remittances would be transmitted as they were purchased, the first repayment would be effected in London within seven months, and the completion of the whole repayment only would require a twelve month; for which reason, our ministers, in making an agreement with Bankers should allow them, besides the commission which might be agreed on and which might vary from ½ to 2 per cent, interest only to the time of repayment.

From that view of the subject it results
1st. that the Ministers should try to obtain such terms as will permit a payment in the United States in dollars & to an agent of the French republic
2dly. that the most eligible way of raising money in Europe will be by drawing bills on the treasury
3dly. that, if bills cannot be sold, they must obtain from some bankers an advance, on as moderate terms as can be obtained, to be repaid within a twelve month in London, with interest from the date of the advance to that of repayment.
To this must be added generally that if the rate of exchange can be fixed on reasonable terms it ought to be done, and that at all events and under any modification, the arrangements made in Europe must be such that the whole payment in America, including commissions, interest, & rate of exchange, shall not exceed the two millions of dollars appropriated by law.
For the purpose of enabling the ministers of the United States to raise the money in Europe, either by drawing bills or obtaining a credit, it is proposed that two exemplifications of the law be made under the seal of your office, to each of which shall be annexed the authorization & directions of the President to the Secretary of the Treasury to place eventually the two millions at the disposal of our ministers in Europe, and the authorization of the Secretary to these to draw bills or otherwise raise the money on the credit of the United States, pledging the faith of the U. States to discharge the bills on temporary advance: one to remain in the treasury, and the other to be delivered to the Secretary of State for the purpose of being transmitted to our ministers, whose warrant it will be, & who will employ it only in case it shall be wanted.
Although this mode seems preferable to that of writing letters to certain bankers, because it will be applicable & may be considered as directed to any monied men who may be disposed to lend their assistance, I may recommend an application in the first instance to the houses of Baring in London, Willink & Van Staphorst in Amsterdam, De Wolfe in Antwerp, & De Lessert in Paris; all of whom have either acted as Bankers of the United States or been connected with them in monied transactions. I have the honor to be with great respect Sir Your most obedt. Servt.
Albert Gallatin

   RC (DNA: RG 59, ML); Tr (NN: Monroe Papers); Tr (NHi: Livingston Papers). RC docketed by Wagner. First Tr docketed by Monroe. Second Tr mistakenly listed as a letter from Gallatin to Livingston, 22 Feb. 1803, in reel 8 of the microfilm edition of the Robert R. Livingston Papers.

   See JM to Monroe, 28 Feb. 1803, n. 2.

   For a copy of the act with the authorizations appended, see JM to Livingston and Monroe, 2 Mar. 1803, n. 11.


Title: To James Madison from Charles Pinckney, 28 February 1803
From: Pinckney, Charles
To: Madison, James

(Private)
Dear SirFebruary 28: 1803 In Madrid
My private letter of the 28h January from the port of Carthagena will have informed You of my return to Spain in two Weeks after the King & Court returned from their Tour to the Mediterranean part of Spain & my public letter of the 22d February of my having submitted to the Secretary of State the Business with which I was charged respecting the Conduct of the Intendant of New Orleans & the prohibition he had issued—of the secretary having assured me that the Spanish Government knew nothing of it & that Orders should be immediately issued to the proper Officers there directing them in all things to regulate themselves by the treaty—of my having also had several conferences with him on the subject of Your instructions of the 11th: May & submitted the propositions therein mentioned to which I have as yet recieved no answer. In the same Dispatch I also mentioned to You my proceedings on the subject of the Quarantine now reduced to twenty days when there is a certificate of a Spanish Consul which 20 days I have applied to have altogether taken off. On the subject of Quarantines I am much afraid we shall have great inconveniencies, if some mode cannot be adopted to prevent it. Not only in Spain but in all the ports I have been at in Holland & particularly in France & Italy it is astonishing what reports they have constantly circulating about the Yellow fever in the United States & how much they appear to dread it. In Spain where they suffered so much in the Year 1800 from the fever, the least report occasions incredible consternation. At this moment they are in want of every thing our Vessels bring them & yet still fear the consequences of recieving any without the Spanish Consuls certificates. Their fear is increased by a report now prevalent here that the Baggage or family of Madam LeClerc has spread the yellow fever in France. I cannot find if this report is true but it occasions much alarm here. Referring You to my public Dispatches for full explanations on these subjects & my conferences on that of the mode of settling by arbitration the French condemnations of our Vessels in Spanish Ports, I write you this private letter to inclose You open a rough copy of my Letter from Naples, giving in a very plain way & suited to the tender age, of my little Daughter a sketch of what I saw at that city & in its Neighbourhood. Being written to a little Girl of 12 You will of course excuse the stile & manner I have purposely adopted & hopeful it may give You some moments amusement I send it open for Your perusal, & if you think it will amuse the President You can shew it to him & present at the same time my most affectionate & respectful compliments. After perusal please have it put in to the Post. I send it open under Cover to Mr Doyley & Mr Freneau whose Letter (with it inclosed open) is the one I wish to have sealed & put into the Post for Charleston. In my public Dispatch goes also the information I have recieved on the subject of our Commerce with the Italian States which I found subject to much less restraint & upon a much more equal & convenient footing than with any other of the Mediterranean Powers. In my presentations to the Pope & King of Naples & in the conversations I had with their Ministers I particularly recommended the American Consuls & Commerce to their Good Offices & protection & recieved from them the Warmest assurances of their doing every thing to promote our intercourse & commerce with them & to place it upon the most convenient & equal establishment.
I shall be particularly pleased to hear from you on all occasions. I never think of the friendship & intimicacy [sic] with which you were pleased to favour me but with the greatest pleasure & if ever we live to meet I shall be able to say much to You about the Old World which it would not be prudent in ⟨m⟩e to commit to Paper. With my respects to Mrs: Madison I remain my dear sir with affectionate regard & obliged Yours Truly
Charles Pinckney
Mr Graham tells me little has been done by the Government or Spaniards during my absence notwithstanding all the claims & the representations I made on the subject of Mills, Post & other private claims & that he thinks our affairs & representations have been neglected by them. Perhaps in these cases and private claims they are waiting the Event of the Convention which I always thought the only probable mode of obtaining relief. During the Absence of the King & all his Ministers on their late tour from August to the middle of January little could be done, or in fact nothing expected, I shall now try them again on all proper subjects & in the stile & manner of your instructions, conforming myself to them upon all occasions & stating to You exactly the result with my Opinions at large.

Just as I was sealing my letters I recieved the Letter of Mr Obrien which I now inclose & one from Mr Willis desiring me to inform you that from his Losses by his American Debtors he is compelled to resign the Consulship at Barcelona. By next post I will send a copy of his Letter & write You officially thereon.

   RC (DLC).

   Pauline Bonaparte LeClerc had sailed from Saint-Domingue to Toulon with her husband’s corpse, arriving on 1 Jan. 1803 and spending several weeks in quarantine before proceeding to Paris, which she reached on 11 Feb. The epidemic that swept Paris in January and February, killing over nine thousand persons a month, was described by the Parisian medical community as a catarrhal fever caused by “the singular variation in the temperature of the atmosphere during the last two months.” Although this epidemic may have encouraged rumors that yellow fever accompanied Pauline LeClerc’s entourage, the impossibility of the mosquito vector’s survival in the European winter proves them false (H. Noel Williams, The Women Bonapartes: The Mother and Three Sisters of Napoleon I [2 vols.; London, 1908], 1:308–9, 312; London Times, 18 Feb. 1803; Annual Register for 1803, p. 368).

   See Graham to JM, 29 Nov. 1802, n. 1.

   Pinckney may have enclosed a copy of O’Brien to JM, 18 Jan. 1803.

   Pinckney apparently enclosed Willis to Pinckney, 13 Feb. 1803, explaining Willis’s financial difficulties and containing his resignation (DNA: RG 59, CD, Barcelona, vol. 1; 3 pp.; docketed by Wagner).


Title: From James Madison to William Jones, 28 February 1803 (Abstract)
From: Madison, James
To: Jones, William

28 February 1803, Washington. “Mr. Monroe is to have no outfit: His expenses in getting to Paris and in travelling thence to any other place where his attendance may become necessary, will be defrayed. They will probably not exceed 2 or 3000 dolls at most, and may fall short of that amount. He carries no secty with him; but is authorized to employ one on his arrival, if found necessary, at the rate of 1350 D per year. It is wonderful that such a noise should be made on this subject, even if it were not false that he was to have an outfit and secy. The 3 last Envoys had each an outfit, and each a Secy; were conveyed in a public ship; and as I understand had their stores laid in at public expence.”

   Printed extract (Edward Eberstadt & Sons Americana Catalogue No. 163 [December 1963], item 323). Described as a two-page letter headed “Private,” franked by JM, with a notation by Jones, “When I answer this, write for passport.” Also offered for sale in Parke-Bernet Catalogue No. 2297 (13 Oct. 1964), item 26, which notes that in addition to discussing Monroe’s expenses, JM wrote that Peter Dobell, recommended for consul at Le Havre by Jones and others, had never taken up his duties, adding that the president had appointed someone else and suggesting that Dobell resign before being publicly dismissed.


Title: To James Madison from William Jarvis, 28 February 1803 (Abstract)
From: Jarvis, William
To: Madison, James

28 February 1803, Lisbon. Encloses a semiannual shipping report for the last half year. Hopes his method of making out port charges renders them comprehensible. Notes additional charges from Belém for a vessel under quarantine. Charges are paid by all friendly nations and by Portuguese vessels not engaged in colonial trade. Has found that American shipping is on as good a footing as that of any other nation. The treaty between Portugal and Russia stipulates favorable duties, but “the few Vessels of the one, and the indolence of the other” have prevented either country from benefiting. Trade between Portugal and the Baltic “is divided among the English, Swedes, Danes & Americans,” who are all on the same footing. Excepting exclusive trade to the colonies and to India, the Portuguese flag has no advantage “over that of every friendly nation.” Encloses an account of money spent on seamen, couriers from Simpson, dispatches from Spain, and customary Christmas donations to servants. Rumor asserts General Lannes’s return but nothing is said about a change of ministry. Jarvis fears that if Lannes is supported by France he will be so influential as to injure other nations. The president’s speech, which “breaths the purest Spirit of Patriotism” and is devoid of “foreign partiality,” would have been assumed to have silenced “even his most inveterate opponents” by one who did not know the “temper of party” in the U.S. Sees by recent newspapers that “the opposition still continue their abuse, altho’ they are reduced to a pretty narrow field; New Orleans appearing to be their only Text.” Their only object is “to bespatter,” since they know “a War on that account, would be a very unpopular thing in the Maritime States, particularly the Eastern.” If they believed the president favored war, “they would be the first persons to raise a Hue and cry against it” and to accuse him of “sacrificing the Maritime States to the Interest of his Western friends.” The speech completely refutes “the idle abuse” of Federalist newspapers. “Instead of sapping the Constitution, annihilating the Funding System, destroying the Navy, sacrificing our Country to foreign influence, & introducing anarchy and irreligion, with all the attendant evils, we find the constitution maintained,… the Navy in a State of improvement,… & the interest of our Country steadily pursued both at home and in our foreign relations; but I must be silent, as to the funding System, It’s adorers really having more right to complain than they were aware of, as in a few Years, the œconomy that has been introduced ⟨will⟩ without doubt, annihilate this national blessing.” The Federalists would have preferred to see the system fail so as to gather recruits to their cause by appealing to the people’s passions and fears. “Their writings appear to discover the Temper of a bigot, who should renounce the Joys of Paradise because he was not conducted thither by one of his own persuasion.” Has confidence that the president’s wisdom and love of country will cause him to pursue such measures “as under existing Circumstances and the probable course of events” will be for “the permanent interest of our Country.”

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 2). RC 6 pp. Docketed by Wagner as received 5 May. For surviving enclosure, see n. 3. Also filed with the RC is a copy of Jarvis to Almeida, 10 Feb. 1803 (2 pp.), expressing “great Satisfaction” at the decision to admit U.S. vessels.

   For a duplicate copy of this report, see Jarvis to JM, 15 Mar. 1803, n. 3.

   For the Russo-Portuguese treaty, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:482 n. 5.

   Jarvis’s account (2 pp.) is dated 31 Dec. 1802.

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


Title: To James Madison from Rufus King, 28 February 1803 (Abstract)
From: King, Rufus
To: Madison, James

28 February 1803, London. No. 82. Acknowledges JM’s letters of 16 and 23 Dec. 1802. “By Lord Hawkesbury’s desire, I have conferred with Colo. Barclay respecting the continuation of the Boundary through the Bay of Passamaquoddy who has made no objection to the line we have proposed, tho’ he appears to think that it would be improper to cede to us the Island of Campo Bello unless the cession should be desired by its Inhabitants. No objection has been made to our Title to Moose Island; and at present I forsee nothing to impede a Settlement of this Boundary except the difficulty of engaging the Minister to bestow upon the Subject sufficient time to understand it. With regard to the Line between the Source of the St. Croix and the North West Corner of Nova Scotia, I have no reason to suppose there will be any objection to its being ascertained in the way we have proposed. Not having been able to fix the attention of Lord Hawkesbury upon the subject, I am not able to give you any information concerning the line between the North West Corner of Nova Scotia and the head of the Connecticut River, or between the Lake of the Woods and the Mississippi.
“As soon as I have informed myself of the practical interpretation of the Law which it is supposed impedes the importation into this Country of the Cotton and other products of the Western Country, I will make such application to the Government as may be proper to remove the impediments.
“Annexed I send you copies of a second Letter from the Prussian Envoy, and of my answer. General Victor is still detained in Holland, but it is said the expedition will proceed to Louisiana in a few Weeks.”

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vol. 55). RC 2 pp. In a clerk’s hand, signed by King. Docketed by Wagner as received 4 May. Printed, except for the first sentence of the last paragraph, in King, Life and Correspondence of Rufus King, 4:224–25. For enclosures, see n. 1.

   Baron von Jacobi-Kloest’s letter to King, 24 Feb. 1803 (2 pp.; in French), stated that the court of Berlin concurred with the suggestions in King’s 6 Dec. 1802 letter and asked that the U.S. cooperate with the Prussian consul at Charleston in assisting ten Prussians, named in an appended list, who had come to the U.S. in 1801 and now wished to return to their native country. In his 26 Feb. 1803 reply (1 p.), King promised to forward the letter to the U.S. government.


Title: From James Madison to James Monroe, 1 March 1803
From: Madison, James
To: Monroe, James

Private
Dear Sir.Washington Mar. 1. 1803
Since you left us we have no further intelligence from N. Orleans, except a letter dated Jany 20 from the vice Consular agent there, from which it appears that the letters to the Govr. & Intendant from the Spanish Minister here, had arrived abt. the 13th. and had not on the 20th. produced the desired change in the state of things. The delay however does not seem to have been viewed by the Consul as any proof, that the Intendant would not conform to the interposition. The idea continued that he had taken his measures without orders from his Govt. There are letters (according to that from the Consul) for the Marquis Yrujo now on the way by land. These will probably shew whether the Intendant will yield or not. The despatch vessel which carried the Marquis’s letters is not yet returned. The detention of her beyond the allotted time is favorably interpreted by him; on the presumption that she waits for a satisfactory answer, which the pride of the Intendant postpones as long as possible.
The Newspapers will have informed you of the turn given to the proceedings of Congs. on the subject of N. Orleans &c. The propositions of Mr. Ross in the Senate which drove at war thro’ a delegation of unconstitutional power to the Executive was discussed very elaborately, and with open doors. The adversaries of them triumphed in the debate, and threw them out by 15 votes agst. 11. On the motion of Mr. Breckenridge measures of expenceless or cheap preparation, in the stile of those which attended Mr. Jay’s Mission to G. Britain, have been agreed on in the Senate. It is uncertain whether even these will pass the House of Reps. If they should, as is perhaps not improper, they will not be understood as indicating views that ought to excite suspicions or unfriendly sensations in either of the Govts. to which your Mission is addressed. The truth is that justice & peace prevail not only in the public Councils; but in the body of the Community; and will continue to do so as long as the conduct of other nations will permit. But France & Spain can not be too deeply impressed with the necessity of revising their relations to us thro’ the Misspi. if they wish to enjoy our friendship, or preclude a state of things which will be more formidable than any that either of those powers has yet experienced. Some adjustments such as those which you have to propose have become indispensible. The whole of what we wish is not too much to secure permanent harmony between the parties. Something much better than has hitherto been enjoyed by the U. States, is essential to any tolerable degree of it even for the present.
I inclose you an extract of a letter from Mr. Gallatin, which could not be well incorporated with the instructions. The information it gives may nevertheless be of use, & I take this mode of putting it into your hands.
I understand that a bill is likely to pass granting Genl. Fayette 12,000 acres of land, as due for Military services. We are anxious that a clause may be inserted authorizing the President to locate the tract wherever he pleases. Should this idea succeed, the grant may become of great value, perhaps beyond the contemplation of the Marquis or his most sanguine friends. Without such a clause, the land may be of little account, and will probably fall short of the lowest expectations.
In the instructions relative to Art VI. you will find an important discretion given on the subject of Beaumarchais claim. It was suggested by the possibility that the claim may be pressed with an energy beyond its importance in any public view; Such a discretion was therefore highly expedient, and may possibly be used with desireable effect.
You will receive herewith sundry printed papers, & I recommend that you receive from Mr. Gelston whatever newspapers he may have on hand for Mr Livingston.
I have not heard from you since yours of the 22d. If I should find on the rect. of your next that I have time eno’, you shall hear again from me before your departure; but it will probably be on private subjects only.
Mrs. Madison offers with me, affectionate respects an agreeable voyage, and happy scenes to Mrs. Monroe & Miss Eliza, as well as to yourself. Adieu
James Madison
P. S. Your instructions &c &c. will be put into the mail tomorrow evening. Some unavoidable delays have prevented their going by the present.

   RC (DLC). For enclosure, see n. 4.

   Hũlings to JM, 20 Jan. 1803.

   See Monroe to JM, 25 Feb. 1803, n. 3.

   John Breckinridge’s sweeping amendments to the Ross resolutions had been introduced in the Senate on 23 Feb. 1803. After minor changes, a bill was adopted by that body on 28 Feb. authorizing the president to require from the state executives in the vicinity of New Orleans a militia of up to eighty thousand men and to establish arsenals wherever on the western waters he judged most proper. The amount appropriated for the purpose was $1,525,000. The bill was passed by the House of Representatives on 3 Mar. 1803 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 119, 255–56, 261, 643, 1608–9).

   Gallatin to JM, 27 Feb. 1803.

   Section 4 of “An Act to revive and continue in force, an act in addition to an act intituled ‘An act in addition to an act regulating the grants of land appropriated for Military Services,’” passed 3 Mar. 1803, authorized the secretary of war to grant 11,520 acres to Lafayette within the military bounty lands established by the land act of 1796 or to trade “acre for acre, in payment for any of the lands of the United States north of the river Ohio, and above the mouth of Kentucky river” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:490–91, 2:236).

   JM referred to his instructions to Livingston and Monroe, which had originally been dated 31 Jan. and were redated 2 Mar. 1803.


Title: To James Madison from Robert W. Fox, 1 March 1803 (Abstract)
From: Fox, Robert W.
To: Madison, James

1 March 1803, Falmouth. Encloses a list of American shipping arriving at Plymouth during the last six months of 1802 [not found]. Has already sent that for Falmouth. The Mary is still in port. The American passengers on board are now free of disease, and Captain Temple proposes to sail for Norfolk “the first fair wind.” The physician who attended the men during their sickness thinks this illness was “the Goal [gaol] Fever of the most malignant kind” but does not think it will recur on the voyage to the U.S. “Very considerable expence has attended the people while here,” as he provided all supplies. Has consulted Erving in all proceedings and has done his best “in this unfortunate business.” Markets in Italy, Portugal, and Spain continue good for wheat and flour. Adds in a 5 Mar. postscript that the Mary sailed on 4 Mar.

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

   The Mary arrived at Norfolk, Virginia, in early April 1803 after a thirty-two-day voyage. On 6 Apr. Thomas Newton wrote Gov. John Page that the passengers were “chiefly negroes and mulattoes, who have been on board British vessels during the war, and very unfit persons to be sent here. As the British Government impressed them, so they ought to keep them and not run the U. S. to the expence of removing nuisances they were the cause of.” On 5 Apr. port physician John Read reported that the sixty-one people on board were in excellent health (CVSPWilliam P. Palmer et al., eds., Calendar of Virginia State Papers and Other Manuscripts (11 vols.; Richmond, 1875–93)., 9:350–51).

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


Title: To James Madison from John Leonard, ca. 1 March 1803 (Abstract)
From: Leonard, John
To: Madison, James

Ca. 1 March 1803. “My connections & standing in commercial business rendering such an appointment more than commonly advantagious to myself, and affording opportunities of performing its Duties in a manner (as I trust) peculiarly satisfactory & useful to my Countrymen, I have determined to solicit … the American consulship for Barcelona.” Was apprenticed to a respectable mercantile house in Philadelphia and embarked “at an early age” for Europe, where he gained insights into the laws and regulations of trading nations. Conducted “a minute & active research” into the commercial policy, ordinances, and customs of Spain. Has rendered “essential aids & services” to Americans embarrassed in Spanish ports through ignorance of the local language and customs “and in many cases from the want of sympathy & Zeal of those entrusted with the consular functions.” Does not mean to censure U.S. agents in Spain. Is aware how seldom American merchants settle there and of the necessity of appointing foreigners. Refers JM to General Sumter, General Smith, and Mr. Elmendorf for his qualifications and general character. If appointed, he will strive to prove worthy of confidence.

   RC (DNA: RG 59, LAR, 1809–17, filed under “Leonard”). 5 pp. Undated. Conjectural date assigned by comparison with Thomas Sumter to JM, 3 Mar. 1803. Docketed by Jefferson.

   On 9 Dec. 1803 Leonard was appointed consul at Barcelona in place of William Willis (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:459).