Title: To James Madison from Samuel Coleman, 26 October 1803
From: Coleman, Samuel
To: Madison, James

Sir,
Richmond October 26th. 1803.
I request you will be pleased to excuse any thing which may be thought improper either in the manner or the matter of this letter. It interests myself only, and therefore more particularly requires an apology, especially at a time, when, no doubt, you will be fully occupied with the duties which the important station you fill require of you. The object of it will be better understood by being prefaced with a concise account of myself.
During an apprenticeship in Staunton, the war of our revolution commenced, and, although an obscure individual, I, with many others, equally obscure, began to feel the force of the appeal which was made to a whole community destined to be the future slaves of Britain, unless, by an adequate effort, our asserted rights were duly supported. That effort was made, and from the first of the year 1776, until the Close of the War, my feeble efforts in the service of my Country were without intermission. In the course of that service it is well known to you Sir, and to many of my still existing fellow Citizens, what the privations and other difficulties were, which those in the Army had to encounter who were without other pecuniary resources than their pay. You are also well acquainted with the situation in which such were placed at the establishment of Peace. Your noble, though unsuccessful, exertions in Congress in their favour, not only make this manifest, but will ever remain one amongst the many exalted traits of justice which distinguish your Character; as well as of the goodness of your intentions towards the Army. With every disposition on the part of our Country to render us justice at the end of the war, it was in their power only to give us an evidence on paper of what they deemed to be due us for our past services. That paper necessarily depreciated from the pressing wants of the holder and the artful insinuations of the Speculator. The Commutation for half pay was sold for one fourth of its nominal value to procure those necessaries which an encreasing family demanded; and after the expiration of three years from the Close of our successful struggle for Independance, my means of support were my own personal labour. In this situation I was remembered by the Gentleman under whom I was an Apprentice, and by whose influence I was appointed to the office of Assistant Clerk to the Council of this state at a Salary of One hundred pounds ⅌ Annum. This has been encreased in the Course of Seventeen years constant service, exclusive of seven years in the Army, so as to enable me to exist, and, with rigid œconomy, to support a rising family; but admits of no hope, in case of my death that a Shilling will be left to rear and educate several infant children. Thus shall have I spent all that I could command of my whole life, three years excepted, in the service of my country, without having acquired the means of securing, or being likely to secure my infant children the necessaries of life.
I have troubled you Sir with this detail as the best introduction to a remark, that in all probability, Congress may, in making those arrangements, which may be deemed proper, relative to the Countries ceded to the United States by the Kaskaskia Indians and the French Republick, in the course of the present […] create some office to which my talents, h⟨umble?⟩ indeed, may be competent; in discharge of the duties of which I may yet be enabled, in a new Country, where Articles of the first necessity will, of course, be cheap, to make some provision for my family.
Permit me Sir, to hope that if any thing of this sort should occur, you will be so good as to recognize me amongst the respectful applicants for your friendly patronage. I am Sir, with perfect respect & esteem, Your most obed. Servant
Samuel Coleman

   RC (DLC). Docketed by JM; damaged by removal of seal.


Title: From James Madison to Robert R. Livingston, 27 October 1803
From: Madison, James
To: Livingston, Robert R.

Sir,
Department of State 27th October 1803
One of the inclosed Memorials, respecting claims which are made upon the French Government for bills drawn by its Agents in St Domingo and which remain unpaid, having been presented to the Senate, its subscribers had leave to withdraw it, and with the other, which has never been preferred to Congress, has now been brought before the Executive, with a view to a referrence of the subject to your patronage. It would be superfluous to add any thing to the reflections made by the memorialists themselves upon the injustice and inconvenience, which must result to them from a perseverance on the part of the French Government in its rejection of the Bills, as evidence of the debt, and in the exaction of original proof of the contract and the delivery of the Merchandize for which they were drawn. It is in particular justly observed that in most instances compliance with such a requisition by the parties is impracticable from the very nature of the transactions, and practicable only to the French Government whose officers have the custody of the papers containing the evidence it desires: nor can it be believed that that Government seriously intends to vacate the Bills which, tho’ tainted with fraud in the original parties, have been afterwards regularly and honestly negotiated between others; as such a procedure besides departing from the established custom of mercantile transactions would very much check the credit and circulation of any future similar bills, which its exigencies might require to be issued.
How far it may be justifiable or expedient formally to press all these claims upon the French Government for immediate payment is a consideration to be distinguished from the clear opinion which is entertained of their intrinsic justice. Wherever they originated in compulsory measures practised upon the claimants they are entitled to the full and immediate interposition of their Government: but where the bills have been received by virtue of voluntary contracts whether with the Agents of the French Government or individuals, the receivers, having regard as they must have had, to the degree of credit and punctuality ascribable to that Government, at the period of their speculation, any miscalculation and consequent disappointment ought not to be permitted to embarrass their own Government by binding it to pursue very pointed measures for their relief.
With this distinction, which will find its way into your representations, in such shape as may not convey the inference that either class is absolutely abandoned and even not deemed highly obligatory upon France, these claims are confided to your patronage, in the hope that the French Government will readily see the subject in that point of view, which will constrain it out of regard to its own honor and interest to remove every impediment to their payment, according to the obligations imported by the bills themselves and the law merchant applicable to the suspension, which has taken place.
The papers also inclosed herewith respecting the Schooner Maria, owned by William Lewis, evince that he has sustained a considerable loss, thro the irregular conduct of the Captain of a French National vessel. From the nature of the occurrence and the contents of the accompanying letter to the Minister of the Marine in relation to it, written as represented by Mr Lewis, by the Governor of Tobago to further his claim for redress, it is probable that no great difficulty will be experienced in obtaining due indemnification. I have the honor to be, Sir, With great respect Your most obed. servt.
James Madison

   RC (NHi: Livingston Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM.

   Enclosures not found.

   Enclosures not found, but for details of the case, see JM to Lewis, 25 Oct. 1803, and n. 1.


Title: From James Madison to Edward Thornton, 27 October 1803
From: Madison, James
To: Thornton, Edward

Sir. Department of State Octr. 27. 1803.
The letters of which copies are enclosed, were received last evening. One of them is from the British Consul General at New York; the other a copy inclosed therein, of a letter to him from Commodore Hood, commander in chief of his Britannic Majesty’s ships of War on a West India station. The letter bears date of the 25th. of July last, and requests that the American Government and Agents of Neutral Nations might be made acquainted, that the Islands of Martinique and Gaudaloupe [sic] are and have been blockaded from the 17th. of June preceeding, by detatchments from the Squadron under his command; in order that there may be no plea for attempting to enter the ports of those Islands.

It will without doubt occur to you Sir, that such a communication would have been more properly made through another channel, than directly from the Consulate at New York. The importance and urgency of the subject however supercede the consideration of forms, and I lose no time in communicating to you, the observations which the President demes [sic] it to require.
It will not escape your attention that Commodore Hood’s letter is dated no less than three months before it could have the effect of a notification, and that besides this rema[r]kable delay, the alledged blockade is computed from a date more than one month prior to that of the letter itself. But these circumstances however important they may be, do not constitute the main objection to the proceeding of the British Commander. His letter instead of stating that a particular port or ports were blockaded, by a force actually before them, declares general two entire & considerable Islands to be in a state of blockade. It can never be admitted that the trade of a neutral Nation in articles not contraband, can be legally obstructed to any place, not actually blockaded, or that any notification or proclamation, can be of force unless accompanied with an actual blockade. The law of Nations is perhaps more clear on no other point than on that of a siege or blockade, such as will justify a Belligerent nation in restraining the trade of Neutrals. Every term used in defining the case, imputes the presence and position of a force, rendering access to the prohibited place, manifestly difficult and dangerous. Every Jurist of reputation, who treats with precision this branch of the law of Nations, refers to an actual and particular blockade. Not a single treaty can be found which undertakes to define a blockade, in which the definition does not exclude a general or nominal blockade, by limiting it to the case of a sufficient force so disposed as to amount to an actual and particular blockade. To a number of such treaties Great Britain is a party. Not to multiply references on the subject, I confine myself to the 4 Art. of the Convention of June 1801, between Great Britain and Russia which having been entered into for the avowed purpose “of settling an invariable determination of their principles upon the right of neutrality,” must necessarily be considered as a solemn recognition of an existing and general principle & right, not as a stipulation of any new principle or right limited to the parties themselves. The article is in the words following, “That in order to determine what characterizes a blockaded port, that denomination is given only to a port where there is, by the dispositions of the power which attacks it with Ships stationary or sufficiently near, an evident danger in entering.” It cannot be necessary to dwell on the inconsistency of the kind of blockade declared by Commodore Hood, with the principle laid down concerning the rights of neutrality; or on the consequences of the principle on which a blockade of whole Islands by a few Ships is founded, to the commerce and interests of neutral nations. If the Islands of Martinique and Gaudaloupe, the latter not less than 250 and the former nearly 150 Miles in circumference, and each containing a variety of ports, can be blockaded by detatchments from a Commodore’s Squadron, it is evident that a very inconsiderable portion of the British fleet may blockade all the Maritime Countries with which she is at War. In a word such a principle compleatly sacrifices the rights of neutral commerce to the pleasure or the policy of the parties at war. But it deserves to be particularly remarked, that a power to proclaim general blockades, or any blockade not formed by the real presence of a sufficient force, to be exercised by officers at a distance from the controul of their government, and deeply interrested in enlarging the field of captures which they are to share, offers a temptation that must often aggravate the evils incident to the principle itself. You will infer Sir from these observations the serious light in which the President regards the proceeding which is the subject of them; and will perceive the grounds on which the injuries accruing from it to our commerce, will constitute just claims of indemnification from the British Government. To diminish the extent of these injuries as much as possible, and to guard the good understanding and friendly relations of every sort, which are so desirable to both nations against the tendency of such measures, will I venture to assure myself, be sufficient motives with you to employ the interpositions with Commodore Hood, which you may judge best adapted to the nature of the case. I am &c.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (MB: William Pinkney Papers); Tr (PRO: Foreign Office, ser. 5, 38:312–15). First Tr in the hand of William Pinkney.

   For these letters, see Thomas Barclay to JM, 20 Oct. 1803.

   Although Thornton had received word of the blockade on 18 Oct., he had refused to make news of it public because of several improprieties involved in Hood’s establishment of it (Mayo, Instructions to British MinistersBernard Mayo, ed., Instructions to British Ministers to the United States, 1791–1812, Annual Report of the American Historical Association of the Year 1936, vol. 3 (Washington, 1941)., p. 202 n. 2).

   The quote is a translation from the introductory statement of the treaty (F. de Martens, Recueil des traités et conventions, conclus par la Russie avec les puissances étrangères [1874–1909; 15 vols.; Nendeln, Liechtenstein, 1969 reprint], 11:28).

   The quote is a translation of part 4 of article 3 of the treaty (ibid., 11:31).


Title: To James Madison from the Right Reverend James Madison, 27 October 1803
From: Madison, James (Reverend)
To: Madison, James

My dear Sir, Oct. 27h. 1803
I have just recd. your Favour, inclosing 400$. It will give me Pleasure in disposing of them, as you advise; & I beg you to mention to Dr. Thornton, that upon this, or any other Occasion, he may be assured of my friendly services.

As to the other Subject, be so good as to adopt such arrangements as will be most agreable to yourself. I do not expect soon to want the Money; & as to Int. I had no Idea of receiving any. Perhaps, as the money was loaned, when stamps were in Fashion, it may be prudent to take in the old Bond, & give a new one. If therefore you will favour me with a Bond for the original Amount, dated at any Time this Year, or posterior to the Revocation of stamp’d Paper, I will immediately remit that which is in my Possession.
The Treaty of Louisiania has effectually sealed the Prosperity of the western Country. And yet, would you believe, that in my late Excursion to Kanhawa, I could scarcely find a single Friend to the present Administration, or rather, to Mr. Jefferson. The Circumstance excited my Astonishment, & even Contempt. I laboured to remove this Film from the Eyes of plain, wellmeaning People, & sometimes, with Effect. You shall hear, or see a little more of my Excursion soon.
I do not know whether my Son James Catesby will have an Oppy of delivering this to you; but I wish to introduce him to you, if Circumstances will permit. He is on his way to the medical Lectures in Philadelphia; is awkward eno to be a profound Philosopher, & I hope, will possess some small Portion of such a Character, as he is soon to assume the Profession of a Physician. I beg to be Affly. remembered by Mrs. Madison—& am, Dr Sir Yrs. most sincerely
J Madison
John joins in best Regards & Esteem for Miss Paine

   RC (DLC).

   Letter not found.

   The “Act to repeal the Internal Taxes” of 6 Apr. 1802 abolished the office of superintendent of stamps and ended the requirement that financial instruments be stamped (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:148–50).

   This was probably the bishop’s son John Madison (WMQWilliam and Mary Quarterly., 1st ser., 8 [1899–1900]: 221, 222).


Title: To James Madison from Levett Harris, 27 October 1803 (Abstract)
From: Harris, Levett
To: Madison, James

27 October 1803, St. Petersburg. Refers JM to his letter of 25 Oct. by “this Conveyance, the delay whereof, enables me to acquaint You of the particulars of my last interview with the minister of foreign affairs.” Presented his commission along with a translation. Count Vorontsov “observed it would have been in form for the first minister of State in America to have addressed a letter to him on the Subject of my appointment; as no commercial relations were established between the two Governments, the business should have been opened by Correspondence: altho’ he was almost sure the Emperor would make no difficulty on the subject, as his Majesty received with much interest and satisfaction the increasing trade of the united States of America with his Empire.” Vorontsov inquired whether letters patent alone were used “in like introductions from America to other powers.” Harris replied that the U.S. “adopted but one form on those occasions, and that that observed in the present instance, was the established form of our Government.” “The Minister then mentioned that the papers I presented him would be laid before the Emperor, and that I should hear from him on my being acknowledged.”

   RC (DNA: RG 59, CD, St. Petersburg, vol. 1). 2 pp.; docketed by Wagner as received 2 June 1804. Enclosed in Harris’s letter of 17 Nov. 1803.

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


Title: To James Madison from Louis-André Pichon, 27 October 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

27 October 1803, Georgetown. Presents his respects and requests that JM lay the enclosed paper before the president. Its contents summarize conversations held with the secretary of state.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC 1 p.; in French. For enclosure, see n. 1.

   The enclosure (7 pp.; in French; docketed by Wagner) is a request by Pichon that the American government anticipate the strict guidelines of article 2 of the Louisiana Purchase treaty, which required the U.S. to pay to France $11,390,000 in stock within three months of the exchange of ratifications and the transfer of Louisiana to the U.S. Pichon argued that France had made a number of concessions to accommodate the U.S., including changing the venue for the exchange of ratifications to Washington and giving powers to Pichon that should have been given to Laussat, and that France now wished the U.S. to act in a reciprocal manner. Pichon noted finally that the Spanish protest over the Louisiana Purchase had no merit and should not delay for a moment the consummation of the treaty.


Title: To James Madison from Josef Yznardy, 27 October 1803 (Abstract)
From: Yznardy, Josef
To: Madison, James

27 October 1803, Cádiz. “Since my arrival from Madrid, I generally Keep at my Country Seat on account of my bad State of health.” But “immediately on advice” that the U.S. ships Constitution, Commodore Preble, and Enterprize, Captain Hull, had arrived in Cádiz, came “without loss of time to assist them with every thing they might be in want of.” Expects to have “Sea Stores & Cables” and “every article in readiness” in eight to ten days, “when they intend to go to Sea immediately.”
Is only waiting for information from agents in his district before forwarding to JM the material asked for and will “with out loss of time” send it “in the most correct manner possible.”
As mentioned before, “had made to this Court a representation regarding the Salute due to our Flag on arrival of our State Ships.” Encloses a copy of his official letter requesting that a salute be made to Preble and the governor’s answer. In consequence, Preble will await the results from the court before he salutes. “Authentic Letters from Malaga” dated 22 Oct. report that “the Sickness was daily encreasing, and the Yellow Fever had penetrated thro all Malaga.” Fifty-one people died on 19 Oct., forty-six on 20 Oct., and seventy on 21 Oct. “The Rich Merchants chiefly had retired to their Country Houses.” Letters received from Madrid dated 21 Oct. indicate that Spain will remain neutral. That this is believed is shown by the fact “that Paper Money which last week was loosing from 42. to 44%. are now down to 34%.” Adds in a postscript that he encloses a copy of a circular passed “this day” by the British consul in Cádiz announcing “the Blockade of Genoa & Spezzia.”

   RC and enclosures (DNA: RG 59, CD, Cadiz, vol. 1). RC 3 pp.; docketed by Wagner as received 19 Jan. 1804 and with the notation: “Blockade to be published.” Printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:165–66. For enclosures, see nn. 2 and 3. Filed with and apparently enclosed in this letter are a copy of Yznardy to Tomás Morla, 31 Oct. 1803 (1 p.; in Spanish), describing the case of Thomas Woods, an American citizen being held in Sanlúcar for complicity in a woman’s death, and placing Woods under Morla’s protection; and a copy of Morla’s reply, 3 Nov. 1803 (1 p.; in Spanish), which informed Yznardy that the case was now in the courts and that justice would take its course.

   See Circular Letter to American Consuls and Commercial Agents, 9 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:491–93).

   Yznardy enclosed a copy of his letter to Tomás Morla, 25 Oct. 1803 (1 p.; in Spanish), requesting that the salutes of the Enterprize and Constitution be returned cannon shot for cannon shot. In his reply of the same date, Morla noted that without specific orders he could only return the salute with two shots fewer than the Americans fired (1 p.; in Spanish; translation printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:165).

   The enclosure is a copy of a circular from John Hunter, the British consul general at Madrid, 21 Oct. 1803, announcing the blockade of Genoa and La Spezia.

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


Title: From James Madison to Robert R. Livingston, 28 October 1803
From: Madison, James
To: Livingston, Robert R.

private Dear Sir
Washington Ocr. 28. 1803
Jerome Bonaparte who came to this country with a view to a more secure passage to Europe, has been smitten, it seems, with a young lady in Baltimore, and the result is to be a marriage which will probably have taken place before this leaves the port to which it is sent. It is to be hoped that the connection will be more auspicious to the happiness of the parties, than the suddeness of it and other considerations may be thought to promise. But considering the relation of one of the parties to a man who has so much influence on the course of human affairs, and whose private feelings may mingle themselves in a certain degree with his public sentiments, the event is not without importance. In every view it may be well that you should be apprized of it, and be enabled to give such explanations as will accord with truth, and prevent erroneous impressions. I follow therefore my own sense of propriety, as well as the wishes of the friends of the young lady, in informing you that her parents have had no share in promoting this distinction of their daughter, and that their station in society & their independence of fortune place their acquiescence in it far above any suspicion of indelicate considerations. Mr. Patterson the father is a man of the fairest character, of real respectability, of very great wealth, perhaps near a million of dollars, and has recd different proofs of the esteem & confidence of his fellow Citizens. By marriage he is connected with a very important family in Maryland to which you are not a stranger; Mrs. Patterson being the sister of Mrs. Smith, the wife of Genl. Smith well known in our public Counsels, & at present a Senator of the U. States, and herself also of a very respectable family. With sentiments of great esteem & regard I have the honor to be Dr Sir Yr. mo: Obedt. hble sert
James Madison

   RC (PHC).

   For the marriage of Jerome Bonaparte to Elizabeth Patterson, see John Dawson to JM, 29 July 1803, and n. 2.

   Dorcas Spear married William Patterson in 1779. Her sister Margaret married Samuel Smith in 1778 (Robert Barnes, comp., Maryland Marriages, 1778–1800 [Baltimore, 1978], pp. 173, 211).


Title: To James Madison from Richard E. Lee, 28 October 1803 (Abstract)
From: Lee, Richard E.
To: Madison, James

28 October 1803, Norfolk. Finds it “inconvenient to exercise longer the office of General Commissioner of Bankruptcy for this District” and so returns his commission. “Several considerations have prompted me to this measure, first the extensive latitude for fraud, which the Bankrupt Law affords, Secondly the obstacles & impediments which are constantly thrown in the way of a complete discovery of the Bankrupts effects particularly in the Case of John Cowper & Co. by Edward Archer the post master of this place, whose conduct has been represented to the post master General, without effect.”

   RC and enclosure (DNA: RG 59, ML). RC 1 p.; docketed by Jefferson. Enclosure is Lee’s commission (1 p.).

   Richard Evers Lee (d. 1814) was a lawyer who served as Norfolk borough councilman, president of the common council, and president of the Norfolk branch of the Bank of Virginia (Columbian Centinel, 29 June 1814; Brent Tarter, ed., The Order Book and Related Papers of the Common Hall of the Borough of Norfolk, Virginia, 1736–1798 [Richmond, 1979], pp. 26, 214–15, 266).

   Edward Archer (d. 1807) was a merchant who served as postmaster, Norfolk borough councilman, and president of the common council (Tarter, Order Book of the Borough of Norfolk, Virginia, 1736–1798, pp. 26, 174, 277; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:295).


Title: To James Madison from John Dawson, 29 October 1803 (Abstract)
From: Dawson, John
To: Madison, James

29 October 1803, Washington. “Some time ago I intimated to you my willingness to go to New Orleans, and reflection has not chang’d that disposition, provided I can be plac’d in a situation not subordinate.… The length of time I have been in public life, the situations I have been placd in, and the conduct and principles I have supported are well known to you and to Mr. Jefferson.”

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


Title: To James Madison from George W. Erving, 29 October 1803 (Abstract)
From: Erving, George W.
To: Madison, James

29 October 1803, London. Received from Lewis Le Coulteux “the papers respecting his Claim on this Government,” referred to in JM’s letter to the U.S. minister in London of 16 May. “I as the Agent of Mr: Le Couteulx, drew a memorial (of which I have the honor herewith to inclose a Copy) to the King in Council, & submitted it to the Minister for his approbation.” Believes this was “the most eligible mode of proceedure.” Has presented the memorial, “but it may probably be some time” before it is considered. “I shall not cease to attend to Mr: Le Couteulx Interest, and regularly to inform him of my Proceedings.”

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 2 pp.; docketed by Wagner. For enclosure, see n. 2.

   JM to Rufus King, 16 May 1803.

   Erving enclosed a copy of his memorial to the lords of the Privy Council, 4 Oct. 1803 (4 pp.), describing the case of Lewis Le Coulteux and petitioning for just compensation for his losses. For Le Coulteux, see Edward Thornton to JM, 30 Oct. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 2:213 and n. 1).

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


Title: To James Madison from Vincent Gray, 29 October 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

29 October 1803, Havana. Encloses his accounts to 30 Sept. and a list of American ships entering and departing Havana “since the last Law placing some power in the hands of American Agents in Foreign Ports, Came to hand.” Encloses also “a Monthly return of vessels purchased in this Port, by, and for account of” U.S. citizens. These “in time of War are always most liable to suspician and detention.” Requests that JM have his accounts settled at the State Department “as soon as convenient,” as he would like “to draw for the balance that may be due” him next November. “The remarks I have made on the vouchers herewith will I presume fully explain the nature of each charge.”

   RC and enclosure (DNA: RG 59, CD, Havana, vol. 1). RC 1 p.; docketed by Wagner as received 15 Dec. For surviving enclosure, see n. 1.

   Enclosed is a list of six ships purchased by Americans in Havana in October 1803 (1 p.; docketed by Wagner).

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


Title: To James Madison from William Davies, 29 October 1803
From: Davies, William
To: Madison, James

Letter not found. 29 October 1803. Acknowledged in Daniel Brent to Davies, 7 Nov. 1803 (DNA: RG 59, DL, vol. 14). Encloses the protest of Joseph Seward, William Randell Mitchell, and James Chew, officers and crew of the brig Drake, complaining of the impressment of two members of the crew, James Ferniol and Neil Long. Also enclosed was a certificate from the U.S. consul at Liverpool stating that Benjamin Noyes, mate of the American ship Mercury, had also been impressed. Brent requested that Davies submit proof of citizenship for the three impressed seamen.


Title: From James Madison to James Simpson, 31 October 1803
From: Madison, James
To: Simpson, James

Sir.
Department of State, October 31st. 1803.
I acknowledge the receipt of your letters from No. 56 to No. 60, both inclusive. By this conveyance of the Schooner Citizen you will receive the so long expected gun carriages. From the pains which have been taken in getting them ready, it is hoped that they will prove an acceptable present to the Emperor, and you will not fail to make use of the occasion to confirm him in sentiments most conducive to a continuance of that friendship & peaceable intercourse which has so long subsisted between us. If a few casks of rice can be procured in season for this conveyance it is intended to ship them: they may be presented to him with the carriages, or if you think proper they may be retained for some future occasion which may call for such a small token of attention.

In expectation of soon hearing from Commodore Morris his intentions with respect to the Ship Meshouda and in hopes that your advice & representations would induce her redelivery, a definitive order has not before been given for that purpose: but least any difficulty may arise on the subject the commanding Officer of our Squadron is now instructed to deliver her up, provided that your opinion of its expediency remains unchanged, and you shall signify it to him accordingly. In that case you may, if you find it necessary, give immediate assurances to the Emperor that she shall be returned at the time and in the manner you may concert with him & the commander of our Squadron. In taking this step you will as far as is prudent give it the appearance of a gratuitous and voluntary surrender of an indisputable right to our desire of conciliating his esteem & obtaining a reciprocation of good offices. To guard against future claims referring to this transaction as a precedent, it may also be observed that as it constitutes the first occurrence of the sort, which has happened between the two Nations, we were unwilling to take advantage of the culpable conduct of the Captain of the Meshouda to the injury of the Emperor, more especially as we were fortunate enough to arrest the mischief meditated against us before it took effect, and that this act of liberality is further influenced by the persuation that care will be taken by his Officers to provide against a repitition of similar infractions. You did well to refrain from urging compensation for the freight of the Brig Mary as suggested by the supercargo, but you will not omit any opportunity presenting itself, at a more favorable season to procure for the owners all the justice which may be attainable. I am &c.
James Madison.

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

   Simpson to JM, 14 May (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:616–17), 3 and 8 June, and 9 and 28 July 1803.


Title: To James Madison from Robert R. Livingston, 31 October 1803
From: Livingston, Robert R.
To: Madison, James

No 88 Sir
Paris 31st Octr. 1803
The Article of the Convention that authorized the nomination of commissioners to determine certain questions under it previous to the ratification, was founded upon reasons that appeared extremely important to Mr Monroe & myself, among them were, first the full execution of the promise that I had obtained from the First Consul of a prompt discharge of the debt, which could only be Satisfied by immediate measures for carrying it into effect. 2d the right that this gave us to demand that the exchange of the ratifications Should be made in the United States instead of in France, for which it afforded the best & Strongest arguments. 3d the uncertainty of the treaties being acceptable to the President & Senate, & the possibility of its not being ratified, in which case we Should by the appointment of commissioners, & their proceeding to act, have Still acquired a very important point, because before this circumstance could be known the Board might without any extraordinary exertion have had every account liquidated, & obtained there on the recognition of the debt by the French Government, So that all the chicane of their Offices would have been avoided, & we Should have had nothing to press in future but the mere question of payment. 4th the Saving of a very considerable Sum of interest, for as we learned from the State published of our treasury that you had a large Sum at your disposition, the Secretary of the Treasury might have found it convenient to pay the bills as they were presented without even waiting the ultimate term on which they would have become due. 5th the great advantage to the country of putting a proportion of their capital as Soon as possible into the hands of our mercantile citizens, as we had Strong reasons to apprehend the war which has Since broke out. 6th the melancholy Situation in which many of our fellow citizens who were creditors of this Government were placed here, called for immediate relief—they could not go away & they were retained at great expence, a distant payment would have compelled them to make very heavy Sacrifices for a present relief—could the bills have been immediately put into their hands, those bills would the moment the News arrived of the ratification have been money, & might on the eve of a war have been So vested as to have made up for all their losses.
We named Gentlemen upon the Spot, because having put the burden of the business into Mr Skipwith’s hands, & left them very little to do we presumed that they could Serve the public at Small expence, as it would very little derange their private business, & they might manage So as to meet & adjourn at pretty long intervals.
I agreed to the appointment of Mr McClure upon his express promise not to be absent (he was then going to England) more than three weeks. The expectation of his return kept the other Gentlemen for Some time from proceeding but his delay greatly exceeding their expectation, they at length began to act & actually Sent up Several accounts to the council of State who have passed them. On the arrival of Mr McClure, about two months Since, they have Stopped all proceedings, except, as they Say, they are collecting papers (which is, in other words doing nothing, Since all these papers are prepared & collected by the agent & their Secretary, & very few are in any Sort necessary[)]. This conduct is ruinous to the creditors here whose capital has in consequence of it greatly Sunk & Such are their necessities that they are compelled to dispose of it, commercial arrangements of creditors in the United States will be defeated. All the objects we had in view in the nomination of these Gentlemen prior to the ratification are anulled, Suspicions are induced in this Government that we have Some Secret object in view & I am daily questioned on this Subject, Since it appears very extraordinary that we Should have pressed this measure & made it the foundation of the ratification in America, the moment the business of the claims is put into our hands that we Should Stop its progress & add to the calamities of the creditors of whose Situation I had So often drawn a melancholy picture. The present delays will occasion very Serious ones in passing the accounts thro’ the french boards, & Shut my mouth when I complain of them—& a question as has already been intimated to me of Some importance will arise on which I pray you to give me your instruction that I may be prepared when it Shall happen. It is Said that if the Sum overruns the 20 millions the Government will consider itself in no way bound to make up the loss of interest occasioned by the act of our board—if they refuse to add this to the certificate under an apprehension that it may Swell the debt, what am I to do? To let the whole business lay till I receive your order or take the interest on ourselves—the loss in interest by the delay of the board, by the consequent delay of the french boards, & by the litigations it may give birth to will not fall much Short of a million of livres.
If the Minister in France is as these Gentlemen contend to have no controul over the board, is neither to advise them, nor to receive information from them his Situation with this Government will in many cases be extremely painful, & many inconveniences may arise both to our Govt & its citizens.
I am fearful that our choice of Mr McClure has been very unfortunate, his opinion controuls the board, & he has So entirely lost the confidence of the public creditors, that I fear nothing he can do in future will be Satisfactory to those that are here or in America.
Enclosed are the letters which have passed between us, upon which you will form the best estimate of the Subject. I have the honor to be Sir with the highest respect & esteem Your most Obt hum: Servt
Robt R Livingston

   RC and enclosures (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers). RC in a clerk’s hand, signed by Livingston. For enclosures, see n. 2.

   Livingston referred to article 6 of the “Convention for the Payment of Sums Due by France to Citizens of the United States,” 30 Apr. 1803 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:519–20).

   Livingston enclosed copies of his letters to the commissioners of claims, 25 Oct. (3 pp.; extract printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 6:177–78) and 30 Oct. 1803 (8 pp.), and copies of letters from the commissioners of claims to Livingston, 29 Oct. (2 pp.) and 1 Nov. 1803 (2 pp.). For a detailed discussion of Livingston’s difficulties with the claims commission, see Dangerfield, Chancellor Robert R. Livingston, pp. 380–84.


Title: From James Madison to Louis-André Pichon, 31 October 1803 (Abstract)
From: Madison, James
To: Pichon, Louis-André

31 October 1803, Department of State. “The Secretary of State … requests the favor of a passport for the Schooner Citizen of Georgetown, Potomak, commanded by  with a number of carriages for the Emperor of Morocco to whom the United States are under an obligation to deliver them. She is destined for Tangier, but she is to touch at L’orient to land some public dispatches, and will call at Gibraltar for advice before going into Tangier.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. JM sent identical letters on this date to Edward Thornton and Carlos Martínez de Yrujo.

   Left blank in the letterbook.


Title: To James Madison from John Thomas Ricketts, 31 October 1803 (Abstract)
From: Ricketts, John Thomas
To: Madison, James

31 October 1803, Cameron Mills. Encloses a letter to the president with “Certificates, and the Translation of that in the Spanish Language,” all of which was sent to him to lay “before the Senate and President when the Cession of Louissiana should be ratified.” Notes that the signatures on the Spanish certificate “are those of all The principle civil and military officers of the Government and Intendancy Togeather with those of the Principle French and Spanish merchants not acquainted with our Language attested by Their Governor.” The other certificate is signed by “the Principle american Merchants” as well as “Those of the French and Spanish nations in Habits of business and Interested in American Houses.” “During a short Residence at orleans the preceeding Summer, I found Mr Garland Highly in the Confidence and Esteeme of the Inhabitants.” Garland is a native of Richmond County, Virginia, and wishes to be named collector of the port of New Orleans. “I cannot Hesitate to believe that no Other Individual whatever, could fill the Office in question, more to the Satisfaction of the Inhabitants.… By his Conduct, and Long residence and laterly Intermarried with a native, a knowledge of the French and Spanish languages which are General in that country The Habits, manners as well as the prejudices of the people to him are well known.” Believes that “if the Issue depended on the Suffrage of The merchants, and better Inhabitants of the place, he would be opposed by but very few.”

   RC and enclosures (DNA: RG 59, LAR, 1801–9, filed under “Garland”). RC 2 pp. For enclosures, see nn. 1 and 2.

   Ricketts probably enclosed William Bache to Jefferson, 1 Sept. 1803 (1 p.), recommending William G. Garland for a post that required “the management of accounts.”

   Ricketts enclosed two certificates: one petition, dated 20 Aug. 1803 (2 pp.), described Garland as a man of “Capability, Integrity, and Worth” and was signed by Daniel Clark and twenty-six others; a second, dated 27 Aug. 1803 (2 pp.; in French), attested to Garland’s fifteen-year residence as a merchant in New Orleans and to his character, which merited “the esteem and credit of all honest men,” and was signed by thirty-two persons. To the latter was appended a certificate dated 1 Sept. 1803 (1 p.; in Spanish) and signed by Manuel de Salcedo, attesting to the truth of the second document. A two-page English translation of the last document was also enclosed.

   New Orleans merchant William G. Garland, who was appointed provisional general administrator and director of customs by Laussat in November 1803, was appointed by Jefferson surveyor of the port of New Orleans but declined the post (Kukla, Guide to the Laussat PapersJon Kukla, ed., A Guide to the Papers of Pierre Clément Laussat, Napoleon’s Prefect for the Colony of Louisiana, and of General Claude Perrin Victor at the Historic New Orleans Collection (New Orleans, 1993)., pp. 94, 95; Carter, Territorial Papers, Orleans, 9:193, 218).


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

Sir,
Department of State Novr. 1st. 1803
The case committed to the care of Mr. Erving in the inclosed letter (which I beg you to hand to him) being marked with very peculiar circumstances, I have thought it expedient also to request your advice to him and even your own direct interposition if you are encouraged to expect a suitable effect from it. Mr. McElwee, the father of the impressed young man, feeling with just sensibility the unwarrantable and barbarous treatment he has experienced, has made several efforts thro’ his friends in England and thro’ Major Lenox the public Agent, to procure his liberation; but has hitherto been disappointed in his object. It is hoped that neither of the delusive pretexts which have, as stated to me hitherto, availed to defeat it, will be permitted further to operate viz. That the young man has been drafted into other vessels from that into which he was first taken, and 2dly That he was born in the British Dominions. It may be answered as to the first, that the Admiralty Office must in this, as in every other instance, afford the means of tracing him with certainty from ship to Ship; and to the 2d, that as the father came to this Country as stated, in the course of the year 1783 and has continued his domicil here ever since, having also become naturalized as a citizen shortly after his arrival, it must follow by the operation of the Treaty of peace, the definitive articles of which were not ratified by Congress until the 14th Jany 1784 nor the ratifications exchanged till some time afterwards, that the father and of course the son who was then of very tender age, are citizens of the United States, according to the most rigid of the principles acted upon by the British Government itself.

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

   The enclosure was no doubt JM to George W. Erving, 1 Nov. 1803.

   John McElwee, a “painter and color-man,” lived in Philadelphia before moving to Washington, where he contracted to buy a house lot from William Thornton in 1800. Alexander McElwee was impressed in 1799 in the West Indies from the Columbia and taken into the Pelican (Campbell, History of the Friendly Sons of St. Patrick, p. 477; Ford, “Diary of Mrs. William Thornton,” Records of the Columbia Historical Society 10 [1907]: 118, 119, 136; George W. Erving, “Statement of Applications Made to the British Government in 1538 Cases of Impressed Seamen …,” in Letter from the Secretary of State, Accompanying Statements and Abstracts Relative “To the Number of American Seamen Who Have Been Impressed …” [Washington, 1805; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 9545]).


Title: From James Madison to George W. Erving, 1 November 1803 (Abstract)
From: Madison, James
To: Erving, George W.

1 November 1803, Department of State. “Enclosed is a deposition [not found] made by Mr: Mc.Elwee of this City, formerly of Philadelphia, respecting the case of his son Alexr: Mc.Elwee, who was impressed into the British service about the year 1799. It was formerly represented to the Admiralty by Major Lenox, but without any successful result. In now committing it to you, I have to request all the attention your zeal can afford it, and which will so well comport with the interest it is calculated to inspire from the peculiarity of its circumstances, as will be further explained to you by Mr: Monroe.”

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

   On 9 Jan. 1804 Erving applied to Evan Nepean, secretary of the Board of Admiralty, for Alexander McElwee’s release, repeating JM’s arguments as given in JM to Monroe, 1 Nov. 1803. On 11 Jan. 1804 Nepean replied that since it appeared McElwee was no longer in the British navy, nothing more could be done. After a second application it was ordered that McElwee should be discharged if the facts were as represented (DNA: RG 59, CD, London, vol. 9; Erving, “Statement of Applications Made … in 1538 Cases of Impressed Seamen …,” in Letter from the Secretary of State Relative to Impressed Seamen [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 9545]).


Title: To James Madison from Sylvanus Bourne, 1 November 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

1 November 1803, Amsterdam. Addressed JM lately about some American ships that had difficulty unloading cargo in Rotterdam “for want of due vouchers as to the neutrality of the property.” Visited Rotterdam to obtain more information. Regretted finding that the captains did not have proper certificates of property, which are necessary in time of war in order to prevent “those embarrasments to which all neutral trade is unavoidably subject,” especially as the present war is marked by “virulence and heat on each side.” Went to The Hague to see Foreign Secretary [van der Goes] but did not believe he had “the strongest ground—in regard to an application for the relief of the vessels in question,” so he did not advocate the case. Told the secretary the U.S. government was “resolved to maintain the strictest and most sincere neutrality” and would not countenance the covering of enemy property for private benefit. The U.S. also expected that parties at war “would not wantonly vex & harrass the commerce of the U. States whos interests would in all casses meet the support and protection of our Govt.” The absence of French minister [Sémonville] prevented Bourne from making a similar declaration to him. “This I shall do in a few days by a written communication. I found at the Hague the full truth of what I had suggested to you in my last relative to the weight of that extraneous influence which at present so compleatly controls every thing of a political or commercial nature here.” The Dutch government is favorably disposed toward the U.S. and its interests and only lacks the power “to evince that disposistion [sic].”
Discovered in conversation at Rotterdam that “one way was always open for relief in like cases viz. by paying.” Informed the U.S. commercial agent there that “whatever the Consignees of our Vessels might think proper to do in this respect,” it must not serve as a precedent. Told the agent he ought “by every means in his power to counteract [bribery], as otherways our whole commerce of every sort to this country would be constrained to pass through the one channel and be constantly exposed to a weight of contribution proportionate to the rapacity of those who make the demand.”
The foreign minister, “while he appeard to regret that in the present state of things we had no accredited Agent residing at the Hague promised to hold a free communication with me on all matters touching the interests of the U:S: & to give me all the aid in his power towards the attainments of justice.” Will travel to The Hague when necessary. Asks in a postscript to be remembered in the naming of the members of a claims commission should the Dutch ports be blockaded.

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.; docketed by Wagner as received 9 Jan.

   Bourne to JM, 22 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:566–67).


Title: To James Madison from Ferdinando Fairfax, 1 November 1803 (Abstract)
From: Fairfax, Ferdinando
To: Madison, James

1 November 1803, Charlestown. Recommends Lewis Ellzey, who intends to move to “the Mississippi Country” and wishes government employment there, “which he will himself best explain.” Believes the executive “will greatly prefer entrusting important responsible offices in the hands of those whose Characters and deportments are intimately known, rather than to applicants from a distance whom they cannot know but thro’ the partial representations of recommending friends or the more imposing (but still less to be trusted) pretensions of self assumed importance & merit.” “Divesting myself as much as possible of the partiality of a Virginian, I must think, that our fellow Statesmen fall most generally under the former description—and are most frequently better qualifyed in proportion as they seek offices with less eagerness and avidity than others.” Offers his respects to Mrs. Madison.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Ellzey”). 2 pp.


Title: From James Madison to Tobias Lear, 2 November 1803
From: Madison, James
To: Lear, Tobias

Sir.
Department of State Novr. 2d. 1803.
By the Schooner Citizen, which will carry this to Gibraltar, are forwarded the greater part of the gun-carriages promised the Emperor of Morocco. When she was taken up for this business it was supposed that she would be able to carry them all, which on experiment was found to be a mistake. The remainder will be transported from Norfolk in a few weeks, by a victualler to be dispatched by the Navy Department, and will probably arrive nearly if not quite as soon.
I avail myself of this opportunity to transmit to the care of the Consul at Gibraltar a packet of Newspapers containing the very interesting proceedings of Congress upon the Treaty with France for the acquisition of Louisiana, whereby you will observe that it has not only been ratified but that the laws, necessary for carrying it into complete execution, have been passed. The ratifications were exchanged between Mr. Pichon, and myself on the 21st. ult. and orders have been transmitted to the Commissioners on both sides respectively to give and receive possession of the Province. We have not yet heard of your arrival in the Mediteranean.
Postscript Novr. 4. Since the preceeding was written, I have received a copy of a letter from Capt. Bainbridge to Mr. Simpson, dated 29th. August in which he relates the capture of the Imperial cruizer Mesbouha, and the recapture of her American prize the Celia of Boston. Notwithstanding the perfidy with which hostilities have been thus commenced by the Emperor as it is important that the dispatches intended to be landed at L’Orient should be immediately forwarded, and as the gun-carriages are already prepared, the Schooner Citizen will proceed to Gibraltar with her cargo. If the turn which our affairs with Morocco has assumed permits their being presented as first intended, without too much condescention on our part, and it will contribute to any object commensurate with their value Mr. Simpson is instructed not to withhold them. The President will probably this day communicate to Congress, the information received respecting the aggression above alluded to, and they will doubtless make provision for meeting the exegency in a manner suited to its nature. If they (the gun carriages) should not be wanted, for the purpose for which they are intended, it may be desirable not to sell them in any of the belligerent Countries, and as you may perhaps be able to make use of them in the next list of articles in which the accruing annuity to Algiers is to be paid, Mr. Gavino in whose care they will be deposited is instructed to hold them in the case supposed, to your order, and both he and Mr. Simpson are desired to give you information when it shall appear that the state of affairs with Morocco excludes the necessity of applying them to their original purpose. I am &c.
James Madison.

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

   See JM to James Simpson, 31 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:593–94).

   Jefferson signed into law on 31 Oct. 1803 “An Act to enable the President of the United States to take possession of the territories ceded by France to the United States, by the treaty concluded at Paris, on the thirtieth of April last; and for the temporary government thereof” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:245).

   For Bainbridge’s letter reporting the capture of the Mirboka, see John Gavino to JM, 1 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:373, 374 n. 1).

   On 4 Nov. 1803 Jefferson sent Bainbridge’s letter to Congress with a message suggesting the consideration of “the provisional authorities, which may be necessary to restrain the depredations of this power, should they be continued” (Journal of the Senate of the United States of America, vol. 3 [Washington, 1803], 8th Cong., 1st sess., 45–46; Journal of the U.S. House of Representatives, 8th Cong., 1st sess., 89, 208).


Title: To James Madison from Robert R. Livingston, 2 November 1803
From: Livingston, Robert R.
To: Madison, James

No. 89
Sir
Paris 2d Novr 1803
I told you in my last that a coolness Subsisted between the First Consul & Count Marcoff the Minister of Russia, But that it was rather a personal dislike than any thing that led immediately to a rupture between the two Courts. [Mar]cof has never much liked the present order of things and has sometimes too freely spoken his opinion of them in this country it is difficult to say anything which is not rep[eated] to those from whom you would most wish to conceal them but about the time of the war breaking out and just after Marcof was very much [atten]ded to since Russia was to be managed if possible but the [first] consul is of all men the least capable of concealing his resentments when he feels them what [first] made them break into action was that several libels or such as the consul [thought] such were written by a man by the name of Destrangers in [Switzerland] the consul had him arrested he was claimed by Marcoff as attached to [the] Russian [le]gation. About a month ago at public levee the First Consul asked the Count de Brunau Minister from Saxony, how his Sovereign could Support in his dominions a person whose name I have forgotten who employed himself in vilifying the French Government. The Minister replied that he was not Subject to the Jurisdiction of the Elector, being attached to the Russian legation, upon which the consul [turn]ing to Marcoff express[ed] his surpri[se] that a man of that character should be protected by the Russian [ambass]ador Marcoff made some [ap]ology for him which irritating the consul he replied yes you have [also] claimed another man guilty of the same offence as attached to your [le]gation tho he is a French citizen no sir he is a Swiss he is not a Swiss he is a Frenchman says the consul and I will [ar]rest all the mauvais sujets in France Markoff replied dryly you do very well sir to [ar]rest allthe mauvais sujets in France. A few days after we were all invited to a play, & drawing room at Madame Bonaparte at St Cloud Markoff was not asked as this was considered as a private party & not necessarily diplomatic. None of the Russians were there Tho’ there are many in Paris who go to Court. Since this there has been another levee and tho Marcof was asked he did not attend but pretended to be sick. Last Sunday, we had a play at St Cloud most of the Russian nobility were present but Markoff did not attend. I have not inquired whether he was asked or not. It is generally understood, here that he has overacted [his] part that he will not be support[ed] by [his] court. I think however that there are Some Symptoms of Russias being more favorable to England than she has been but I do not expect any very sudden effect from them—they will however probably hasten the attempt upon England, perhaps to the compleat conquest of Egypt by the Beys, & the expulsion of the Turks, together with the advances of the Mammeluks to England, may produce Some very important changes & introduce New actors upon the Tragic Stage. Should the Turks consent & close an alliance with France with the participation of Russia who may Share in the booty, Egypt may be again the Theatre of war.
Affairs are accommodated with Spain the prince of peace is to remain Spain is to remain Spain is to pay annually to France in lieu of troop[s] and ships the sum of forty eight millions.
I have this thro’ a channel that I can depend upon, it is not generally known here, & no mention must be made of it on your Side of the water, as my informant might be Suspected. But as no Secret can be kept long, I doubt much whether England will after the payment of these subsidies consent to the neutrality of Spain. The British Still blockade closely the harbour of Havre, & will not Suffer any of our vessels to enter. By letters from Leghorn I learn that Mr Cathkart has been refused admittance into Tunis or to be received as Consul. I find that a Danish vessel has been Stopped carried into Port & Searched by a cruiser of Morocco, under pretence of Searching for ennemies goods & finally discharged. As I know no ennemy that Morocco has, unless it be us, it proves further the existence of their war with us. This is a very Serious circumstance & will call for Some immediate remedy. I have the honor to be Sir with the most respectful attachment Your most Obt hum: Servt
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8A); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston; docketed by Wagner as received 12 Mar. Italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). RC decoded interlinearly by Wagner.

   Livingston’s last letter to JM was that of 31 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:594–96); he referred here to his dispatch of 14 Oct. 1803 (ibid., 5:525–27).

   Miscoded “nestcof”; interlinear decoding has “Markoff.”

   Miscoded “repspire”; interlinear decoding has “repeated.”

   Interlinear decoding omits the words “most” and “them” from this phrase.

   Miscoded “ationded”; interlinear decoding has “(ation).”

   Interlinear decoding omits this word.

   Miscoded “dir” here and in the following sentence; omitted in interlinear decoding in both cases.

   Miscoded “suc”; interlinear decoding has “considered.”

   Interlinear decoding has “Destangers.”

   Miscoded “crisisitzerlad”; interlinear decoding has “Switzerland.”

   Miscoded “to would Russian lectgation”; interlinear decoding has “to the Russian Legation.”

   Royalist Emmanuel-Henri-Louis Alexandre de Launay, comte d’Antraigues (1753–1812), secretary to the Russian legation at Dresden, wrote “libelous articles” about Napoleon for the British newspapers. At France’s behest Frederick Augustus III, elector of Saxony, requested d’Antraigues’s removal. Alexander I, in a deliberate affront to Napoleon, instead promoted him to councillor of the legation (Deutsch, The Genesis of Napoleonic Imperialism, pp. 200–202).

   Miscoded “seventying”; interlinear decoding has “turning.”

   Miscoded “barador”; interlinear decoding has “Ambassador.”

   Miscoded “some anyology for him”; interlinear decoding has “some apology to him.”

   Miscoded “yes you have they claimed”; interlinear decoding has “Yes you have! They claimed.”

   Interlinear decoding omits “he is not a Swiss.”

   Miscoded “aptrest” here and in the following sentence; interlinear decoding has “arrest” in both cases.

   The draft indicates that Livingston intended this word to be encoded, but it was not.

   Miscoded “half” here and at the end of this sentence; interlinear decoding has “his” in both cases.

   “Spain is to remain” is not in the draft and is probably a copyist’s error.

   The 19 Oct. 1803 convention between France and Spain allowed the latter to substitute cash payment for the military support mandated by the 1796 Franco-Spanish treaty (de Clercq, Recueil des traités de la France, 1:287–90, 2:82–84).

   Interlinear decoding has “their.”


Title: To James Madison from George W. Erving, 2 November 1803 (Abstract)
From: Erving, George W.
To: Madison, James

2 November 1803, London. No. 26. Encloses a sea letter of the brig John and Mary of Charleston, which he has canceled. The ship was sold in South America to a Spaniard, was recently brought into Plymouth for adjudication, and was reclaimed by the English supercargo, a brother of the original owners. [John] Hawker, U.S. consular agent at Plymouth, wrote Erving about the matter on 2 Oct.; Erving advised him to retain the sea letter, which he has since sent to Erving. “The Vessel has of course a complete set of Spanish Papers, is now in this River under the Colours of that Nation; and Mr. Hawker states that she was delivered up as Spanish property.” Though the U.S. sea letter appears to be intended only to protect the cargo of a vessel on its outward voyage, because it is written in foreign languages it is often the only paper examined by French privateers. Thus “it is liable to great misuse; & I believe it has frequently been employed with Success to cover Alien Property.” It is possible for ships sold to foreigners to retain their sea letters and continue to pass as American vessels. In such cases the captain declares that the ship has not returned to the U.S. since the date of the sea letter and, as a foreign bottom belonging to U.S. citizens, is entitled to no other U.S. papers. “No Papers will be found on board to contradict this Statement.” Suggests that “similar abuses” might be prevented by a regulation directing consuls to retain the sea letter of an arriving ship or to add a suitable endorsement if the ship is clearing for an immediate return to the U.S. and possession of the sea letter is thought to be important. For a ship “otherwise properly furnished” with American documents a sea letter is not necessary “for any fair purpose” once the cargo it covers has been discharged.

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 3 pp.; in a clerk’s hand, signed by Erving; docketed by Wagner as received 20 Feb. 1804. For enclosure, see n. 1.

   The enclosed sea letter (1 p.; in French, Spanish, English, and Dutch) had been issued at Wilmington, North Carolina, on 13 Sept. 1802. Erving crossed through all sections and added a note stating that he had canceled the document at the American consulate at London on 2 Nov. 1803.

   John Hawker served as U.S. vice-consul at Plymouth from 1791 to 1796 and from 1801 until at least 1811 (Hawker to JM, 8 Oct. 1811 [PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 3:481 n. 1]).


Title: To James Madison from William Jarvis, 2 November 1803 (Abstract)
From: Jarvis, William
To: Madison, James

2 November 1803, Lisbon. “It would seem that the British Gov⟨ern⟩ment are apprehensive for the safety of British Property in this Country and Spain, from the Notice put up at Lloyd’s Coffee house that all vessels intended for Spain & Portugal were not to be cleared out until further orders. This if a fact implies danger from a quarter altogether unexpected; however, it may only be a measure of precaution growing out of the uncertainty of the British Cabinet of the intentions of the French Government toward this Country. If the information in my last is correct this point is now ascertained;… but still some difficulty may arise with the English Court from the Terms upon which the neutrality of the two Kingdoms have been confirmed by France, it being the general opinion that it was by paying a large Sum of Money. On the other hand it is still said as it regards Portugal that the neutrality was effected through the mediation of Russia; a seeming contradiction of it’s being purchased.” Encloses a letter from Simpson, which informed him “of the misunderstanding with Morocco being adjusted,” as well as letters from Graham, Leonard, and Preble.

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 2). RC 2 pp.; written at the foot of Jarvis to JM, 26 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:578–79), which is docketed by Wagner as received 20 Jan. 1804. For surviving enclosure, see n. 2.

   Jarvis to JM, 26 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:578–79).

   The enclosure is a copy of James Simpson to Jarvis, 12 Oct. 1803, asking him to inform all U.S. citizens that peace had been fully reestablished between the U.S. and Morocco (1 p.; docketed by Wagner). For the establishment of peace between the U.S. and Morocco, see Simpson to JM, 15 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:533).

   Jarvis may have enclosed copies of Edward Preble to JM, 15 Oct. 1803, and John Leonard to JM, 22 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:532–33, 568–69). The letter from Graham has not been identified.

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


Title: To James Madison from Daniel Clark, 3 November 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

3 November 1803, New Orleans. “I had the Honor of addressing you on the 8th. September respecting a Privateer then fitting out in this Port, and forwarded Copy of a Letter I had written to the Secretary of the Government on the occasion. I had since then made repeated applications to know what measures would be pursued with her, and was always assured that she would not be permitted to sail until sufficient security was given that she should commit no depredations on her intended Voyage. To my remonstrances against her armament & equipment answer was made, that two Guns were necessary for signals, that she could not be deprived of them, but that independent of them there was no Stock of Arms or Ammunition. Finding, this Morning that the Vessel was likely to sail in the course of the Day, I waited on the Secretary and informed him I had seen an additional Quantity of Arms & Ammunition put on board, that I was assured she had more Guns concealed in her Hold, and that the threats of the Crew to capture all our Shipping they met with, were known to all the trading Part of the City. I waited likewise on the Marquis de Casa Calvo who disapproved of the Armament of the Privateer; he advised me to write to the Governor in the name of the American Merchants that he should disarm her, and promised me if he were consulted, to support my demand. The Situation I stand in with respect to the Government (not being recognised) and the certainty that a remonstrance addressed to it by me as Consul would not be received, forced me to adopt the measure, and I hastily wrote the Letter, copy of which is inclosed, which I delivered myself to avoid delay. I have been assured, that the Privateer which was then under way should be detained, ’till all Circumstances were well weighed, and until an answer in consequence of what migh⟨t⟩ be determined should be given me. Not confiding entirely in the success of my application I haste to advise you of it, and if disregarded will inform the Government that I have forwarded information to you of what has taken place that you might adopt the measures you saw convenient to procure redress, in case of any insult offered to our Flag or injury suffered by our Citizens. The Governor’s incapacity & weakness have emboldened the French to take this Step which I shall feel a real pleasure in being able to counteract.”

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). RC 3 pp.; torn; docketed by Wagner as received 28 Nov. 1803. For enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:388–89.

   Clark enclosed a copy of his 3 Nov. 1803 letter to Manuel de Salcedo (3 pp.; docketed by Wagner), written “at the request of the American Merchants Capts. & Traders to New Orleans.” The letter described the weaponry and crew of the Coquette, noting that the rôle d’équipage listed thirty men as crew and forty as passengers for Cap Français; Clark found it suspicious that so many would be mad enough to go to a place from which “those who can escape are endeavoring to fly in every direction.” He cited the cases of the Clio, which had been “fired into and plundered a few days since” in the Gulf of Mexico by a ship under French colors, and the Henrique, which had been allowed to sell a prize at New Orleans during the last war in spite of the captain’s conviction for having a forged commission. He asked that the Coquette be disarmed as was done in the U.S., citing the case of the Democrat at Philadelphia and the liberation of its prize, the Gayoso. Clark noted that the seizure of U.S. vessels by ships fitted out at New Orleans would attract the attention of the U.S. government and assumed that Salcedo’s concern for the protection of U.S. property would cause him to order that the Coquette be disarmed and that its owner give security for the peaceable performance of the voyage.


Title: To James Madison from Unite Dodge, 3 November 1803 (Abstract)
From: Dodge, Unite
To: Madison, James

3 November 1803, Cap Français. “As probably there will be Many erroneous reports and publications in the American Papers, respecting a forced Loan of money, made a few days ago upon the american Citizens in this city,” hastens to send JM, for the president’s information, copies of his letters to General Rochambeau on the subject and Rochambeau’s reply. Will return to the U.S. “as soon as I can possibly obtain my Passport.” Expects to arrive later in November.

   RC and enclosures (DNA: RG 59, CD, Cap Haitien, vol. 4). First enclosure (ibid., vol. 3) filed at 11 Dec. 1801. RC 2 pp. For enclosures, see n. 1.

   Dodge enclosed copies of (1) a 5 Brumaire an XII (28 Oct. 1803) memorial to Rochambeau “signed by Eight americans” (4 pp.; in French; docketed by Wagner), protesting the requisition by the chief clerk of the treasury of money from American merchants for payment of the French army; (2) a 2 Nov. letter from Dodge to Rochambeau (2 pp.; undated; date assigned on the basis of contents of third enclosure, below), complaining of Dodge’s “disappointment and Surprise at being refused” an audience and an answer to the memorial and requesting his passport for the U.S., since he had “now no hopes of my residence here being any longer usefull to my fellow Citizens”; and (3) Rochambeau to Dodge, 10 Brumaire an XII (2 Nov. 1803) (1 p.; in French; docketed by Wagner), refusing to exempt Americans from the loan request and confirming that Dodge would no longer be considered U.S. commercial agent at Cap Français.


Title: To James Madison from John Goddard, 3 November 1803 (Abstract)
From: Goddard, John
To: Madison, James

3 November 1803, Portsmouth. “From a concurrence of unforeseen events it has become very inconvenient for me to attend to the duties of a Commissioner of Bankruptcy.” “Esteeming it an honor to fill any office under the present Administration,” resigns regretfully. Asks JM to notify the president and to inform Goddard whether he should return his commission.

   RC (DNA: RG 59, LRD). 1 p.; docketed by Jefferson.

   Republican John Goddard (1756–1829), described by William Plumer as “a man of handsome talents, good address, loquacious, & jesuitical,” was a prominent Portsmouth merchant and physician who served several terms in the New Hampshire legislature. He opposed the War of 1812 and cast his electoral vote against JM in the 1812 election (Boston Columbian Centinel, 23 Dec. 1829; Lynn Warren Turner, The Ninth State: New Hampshire’s Formative Years [Chapel Hill, N.C., 1983], pp. 150, 153, 182, 200, 276–77).


Title: From James Madison to Louis-André Pichon, 4 November 1803
From: Madison, James
To: Pichon, Louis-André

Department of State, November 4th. 1803.
Mr. Madison has laid before the President the observations in Mr. Pichon’s note of the 27th. of October.
The President has given them the attention which they merit; and would have found much satisfaction in yielding accommodations which might be acceptable to the French Govt.; But considerations drawn from several sources permit him to facilitate and quicken only the exicution of the pecuniary articles of the Treaty, which will be cheerfully done in every mode that may be convenient for the purpose. It would be superfluous to observe to Mr. Pichon that none of these considerations imply the slightest diffidence of the most decisive good faith of the French Government. On the contrary the President has seen in all that has passed on this subject, the most satisfactory pledges of a disposition which perfectly corresponds with his own to render the exicution of the Treaty in all parts as honorable and as punctual, as the conduct of the negociators which led to it appear to have been on both sides sincere and friendly. Mr. Madison cannot omit this occasion of assuring Mr. Pichon that the spirit of candor & accommodation which Mr. Pichon has manifested in the part which he has borne in the latter stages of this transaction, have confirmed the high esteem entertained for his character, and inspired an interest in the personal sentiments and wishes, which are expressed in his note.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (AAE: Political Correspondence, U.S., 56:216).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:584.


Title: From James Madison to James Simpson, 4 November 1803
From: Madison, James
To: Simpson, James

Sir.
Department of State Novr. 4th. 1803.
Since my last (of the 31st. ult.) I have recd. from Mr. Gavino, a copy of Capt. Bainbridge’s letter to you, of the 29th. of August last, in which he relates the capture of the Imperial Cruiser Mesboha, and the recapture of her American prize the Celia of Boston. Notwithstanding the prefidy [sic] with which hostilities have been thus commenced by the Emperor, as it is important that the dispatches intended to be landed at L’Orient should be immediately forwarded, and as the gun-carriages are already prepared, the Schooner Citizen will proceed to Gibraltar with her Cargo: and if the turn which our Affairs with Morocco, has assumed permits their being presented as first intended, without too much condescention on our part, and it will contribute to any object commensurate with their value, you will not withhold them. Should they not be wanted for such a purpose, you will be pleased to inform Tobias Lear Esqr. our Consul General at Algiers of it. But if they can be safely and conveniently stored, it will be best not hastily to decide upon their not being wanted for the Emperor, but if they should not be immediately given, to wait a suitable time in order to observe the course our affairs may take in relation to him.
The President will probably this day, communicate to Congress the information received respecting the aggression above alluded to, and they will doubtless make provision for meeting the exegency in a manner suited to its nature. As soon as the result is Known I shall communicate it you with such instructions as may grow out of the measures they may think proper to adopt.
Novr. 10th. The Citizen having been detained by objections made by her crew founded on their apprehensions of danger from the Emperor’s Cruizers, your letter of the 5th. Septr. has come to hand in the interval. The President has as above intimated, communicated Capt. Bainbridge’s letter to Congress, who have not yet come to any determination respecting the measures proper to be taken. They will doubtless be only precautionary, and if in the mean time, the Emperor of Morocco is willing to disavow the hostile acts which have taken place, and to consider the peace as continued, notwithstanding what has happened, the President is willing that his ships & subjects should be restored, provided the accommodation shall not appear to you to be a feint calculated merely to obtain them with a view to further acts of perfideous hostility. The Emperor should also cause some satisfaction to be given for the insult offered to your official character by the detention of your person at the house of the Governor of Tangier. If therefore an arrangement can be brought into train, on the principles above indicated, you will connect with it a demand for such satisfaction in the form suggested, by a prudent regard to the honor of the United States. Commodore Preble is ordered to deliver up the Ships & their equipages on your signifying to him that your negociations require it. I am &c.
James Madison.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:593–94.

   For Bainbridge’s letter, see John Gavino to JM, 1 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:373, 374 n. 1).

   Mirboka.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:379–80.

   See JM to Tobias Lear, 2 Nov. 1803, n. 4.


Title: From James Madison to Charles-Maurice de Talleyrand-Périgord, 4 November 1803
From: Madison, James
To: Talleyrand-Périgord, Charles-Maurice de

Sir.
Department of State Novr. 4th. 1803.
I was honored in due time with your letter of the 12 prairial, and have now the satisfaction to inform you that the Treaty & Conventions of April 30st. last have obtained the regular approbation of the several branches of our Government.
The solid considerations which led to this result, the mutual confidence with which the negociations were conducted, and the promptness of the Executory measures on both sides, give a character to the transaction which promises great & lasting advantages to the two nations. This may be expected with the greater reason as the Treaty now concluded pursues the original spirit of their political relations; which in excluding as much as possible sources of jealousy & collusion, invited to a friendly cultivation of every common interest. I did not fail to make known to Mr. Gallatin the passage in your letter having reference to his Department. His explanations to Mr. Marbois, will have shewn how much he is disposed to accomodate, as far as circumstances will permit, the exicution of the pecuniary articles of the Convention, to the arrangements of the French Government.
You will learn from Mr. Pichon, as well as from Mr. Livingston, the manner in which Spain has endeavored to embarrass here the transfer of Louisiana to the United States. It is presumed that she will have interfered with a like view at Paris. The effect of a proceeding which is equally unfounded & unexpected, will doubtless be no other than a fuller demonstration of the good faith & honor which guaranty the exicution of the Treaty in all its parts. Persuaded Sir, of your personal dispositions to promote such measures on the part of your Government, as will most efficatiously concur with those, taken by ours, for securing an object so interesting to both, I feel the greater pleasure in offering the assurances, which I pray you to accept, of the very distinguished consideration, with which I have the honor to be &c.
James Madison.

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

   For Talleyrand to JM, 12 Prairial an XI (1 June 1803), see Pichon to JM, 30 Aug. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:355–57 and n. 1).

   For Barbé-Marbois to Gallatin, 18 Prairial an XI (7 June 1803), expressing hope for a speedy execution of the treaty, see Pichon to JM, 30 Aug. 1803 (ibid., 5:355–57 and n. 4). Gallatin’s reply has not been found.


Title: To James Madison from Louis-André Pichon, 4 November 1803
From: Pichon, Louis-André
To: Madison, James

4. 9ber. 1803.
Mr. Pichon presents his respectfull thanks to Mr. Madison for the information contained in his billet of thursday. Mr. Pichon takes the liberty to beg of Mr. Madison to be so kind as to take the trouble to see that the copies of Treaties which are to be delivered to M. P. from the State office be in readiness to be forwarded. Mr Pichon will also take it as a particular favor if he is enabled to send the text of the law which has or will be passed for the creation ⟨and⟩ delivery of the Stock: this paper being of material consequence to the french Government. Therefore if the act was not published at the time of the expediting of the dispatches he will beg M. Madison to procure him a copy of it.

   RC (DNA: RG 59, NFL, France, vol. 1). Unsigned; docketed by Wagner: “Mr. Pichon 4 Novr. 1803 / Mem. to send him a copy of the law about the Louisiana Stock.”

   No letter from JM to Pichon dated Thursday, 3 Nov. 1803, has been found. Pichon may have referred to JM’s 4 Nov. 1803 letter.

   “An Act authorizing the creation of a stock, to the amount of eleven millions two hundred and fifty thousand dollars, for the purpose of carrying into effect the convention of the thirtieth of April, one thousand eight hundred and three, between the United States of America and the French Republic; and making provision for the payment of the same,” was passed 10 Nov. 1803 (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 2:245–47).


Title: From James Madison to Levi Lincoln, 4 November 1803 (Abstract)
From: Madison, James
To: Lincoln, Levi

4 November 1803, Department of State. Asks “whether the payment of freights claimed against the French Government is embraced by a sound construction, in the Convention with France of the 30th, April last?” “The manner in which this has been made a question appears from the enclosed letter from our General Commercial Agent at Paris.”

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

   The enclosure was probably Fulwar Skipwith to JM, 24 Aug. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:341–43).


Title: To James Madison from Vincent Gray, 4 November 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

4 November 1803, Havana. Since his 29 Oct. dispatch, “another French Privateer has entered this Port with her Prize, a small Jamaica Schr.,” supposedly bound for Saint-Domingue with provisions and arms. “They were refused admittance on their appearance off the Port” but were given leave the following day to enter and reprovision. “I presume they will act with her as they have and intend to act with the Brig, to wit: land and sell the cargo, and if compelled to depart, abandon the vessel to the Government.” The national corvette, brig, and schooner have departed, “the two former for France and the latter I believe for the United States.” The national cutter that carried dispatches from Cap Français for the prefect of Louisiana “has been for some days ready to sail for the Cape—hav’g on board upwards of 40,000 Ds.” Believes the vessel will not depart soon, because a British corvette is reported to be cruising off Matanzas. “The French Prize Master and three men put on board the British Brig mentioned in my letter of the 16 Ult: boarded while on their passage up to this Port, an American Brig, bound from Liverpool to New-Orleans, and plundered the Captain of several pieces of goods.” The offenders “are now confined in Irons, on board the French Cutter.” The French commander and Captain Peltier of the privateer have offered to surrender them to Gray, as they have been proved guilty. Lacking the authority to send them to the U.S. for punishment, “I have thanked the commanders for their good intentions” and asked them to surrender the master and men to the government, along with the proofs of their guilt, so that “they may be punished according to the Laws of Spain.” “The French Commissary Major Vermanet is not satisfied with the Conduct of the Commander of the Privateer” and assures Gray that he will cooperate in releasing any American property captured and brought into Havana and “punishing the persons who may Commit any unlawful depredations on our Commerce.” A French national brig was sold by Vermanet to a U.S. citizen. The ship was condemned and commissioned for Cap Français. On the ship’s departure for the U.S., Gray will give such papers “as the owner may be entitled to, under your instructions of the 1st. of augt. 1801.” Encloses “a copy of the Roll of the Sloop Charming Hetty, late of Cherry-Stone, with a statement thereon of the loss of the crew of said vessel” [not found].

   RC (DNA: RG 59, CD, Havana, vol. 1). 3 pp.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:589.

   Ibid., 5:535.

   Circular Letter to American Consuls and Commercial Agents, 1 Aug. 1801 (ibid., 2:1–4).


Title: To James Madison from Anthony Merry, 4 November 1803 (Abstract)
From: Merry, Anthony
To: Madison, James

4 November 1803, Norfolk, Virginia. “Having arrived here this Evening from England I lose no Time in having the Honor to transmit to you inclosed Two Packets with which I was charged by Mr Munroe, the Minister from the United States to His Majesty.
“Anxious to fulfil the Commands of the King my Master, who has been graciously pleased to appoint me His Minister to the United States of America, I shall proceed from hence with all possible Expedition to Washington City.”

   RC (DNA: RG 59, NFL, Great Britain, vol. 3). 2 pp.

   Merry probably transmitted Monroe’s two letters to JM of 18 Sept. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:446–48).


Title: From James Madison to Thomas Jefferson, [5 November] 1803
From: Madison, James
To: Jefferson, Thomas

[5 November 1803]
The Louisiana documents did not come from Mr. Gallatin till a day or two ago. I have this morning delivered 38 revised pages, which will go to the press, a few of which have been some time in the ty⟨pes⟩. There will be abt. ⅓ or ½ as many more. No time will be lost. The bulk of the work will apologize to the House for the delay.

   RC (DLC: Jefferson Papers). Undated; date assigned here on the basis of Jefferson’s docket. Unsigned; docketed by Jefferson as received 5 Nov. 1803.

   JM presumably referred to the documents that were received in Daniel Clark’s 26 July, 17 and 18 Aug., and 8 Sept. 1803 dispatches and sent to Gallatin for observation and analysis (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:226–27, 317, 322–23, 388–89; Gallatin to Jefferson, 8 Nov. 1803 [Adams, Writings of Gallatin, 1:169–70]). The papers were the basis for “An Account of Louisiana,” drafted in the State Department and submitted to Congress by Jefferson on 14 and 29 Nov. 1803. The report was printed in pamphlet form in several U.S. cities in November 1803 (DNA: RG 59, TP, Orleans, vol. 2; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 8th Cong., 2d sess., 1498–1578; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5196–99).


Title: To James Madison from Elias Boudinot, 5 November 1803
From: Boudinot, Elias
To: Madison, James

Sir,
Mint of the United States Philada. 5th. Novr. 1803
Your favor of the 6th. Ultimo came to hand before the Mint was opened, which has occasioned the delay of this answer.
The Charge against the Chief-Coiner greatly surprised me, as I thought such a thing almost impossible without my knowledge. I was aware, that he had a small Shop in the neighborhood of the Mint, where he kept a Journeyman for the purpose of cleaning and mending Clocks and Watches under his superintendance, as he was unable to support his family on his Salary. Nothing in this business could require the use of Iron, Steel or Coals, but in the smallest way. I had been very attentive to his conduct in this respect, that the Mint might not be imposed to the least disadvantage by this indulgence. I found, that this work done in his Shop was chiefly of the trifling kind, and could noways interfere with his duty in the Mint. However, last I might have been deceived, I determined to make a formal Examination into the business. Accordingly the Notice No. 1. was left at George Breining’s usual place of abode. The Doorkeeper was informed by his wife, that he had some time since left her in great distress, and she knew not what had become of him. Yesterday I sent again to his house; but he had not yet been heard of. I then proceeded to an Examination of the principal Workmen of the Mint separately, in presence of some of the Officers of the Mint as could attend. The charge appeared to be unfounded, or if any pretext whatever, it merely consisted in some trifling things done in the recess of the working hours. It would be impossible to prevent and impolite to forbid a Workman, when he wanted it, from making a hook or a rivet for himself, especially while their Wages are lower than is given out of the Mint. My opinion is, that the public Interest has been carefully attended to, and there is no colour for the Charge brought against the Chief-Coiner by Breining. Indeed I think as the whole business of the Mint is chequed, it would be impossible, without a combination of several Officers at a time.
For the President’s satisfaction I enclose the Examinations No. 2. on which I found my opinion as well as on my own knowledge. They were taken under the impression, that they were all to be sworn to; but as Mr. Voigt is a respectable old man, and has been a public servant for many years, and was much hurt by the Charge, I did not think it best to call in a Magistrate, till you saw the Examinations and requested the attestation of an oath. It was also saving some expences. On the least intimation it shall be done.
I have a confident hope, that the President will be satisfied with the injustice of the Charge, and if so, it would be gratifying to Mr. Voigt to know it, as he seems to lay it greatly to heart. I have inquired into Breining’s Character and find, that altho’ he behaved well in the Mint, till having taken umbrage at Mr. Voigt’s refusing to get his Wages raised, he demanded his discharge and afterwards went off with a woman of bad fame and left his wife in great poverty and distress. I have the honor to be with great respect Sir, Your very humble servant
(signed)   Elias Boudinot D. M.

   Letterbook copy and letterbook copy of enclosures (DNA: RG 104, Domestic Letters and Statements of Mint); letterbook copy (DNA: RG 104, Letters Sent by Director of Mint, vol. 1). For enclosures, see nn. 2 and 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:498.

   The enclosure was a copy of Boudinot to Breining, 15 Oct. 1803 (2 pp.; with a 2 Nov. 1803 certification of delivery by doorkeeper Martin Summer), asking Breining to name a convenient time for an examination into the charges he had lodged against Voight.

   The enclosure was a copy of the 4 Nov. 1803 examination (5 pp.) of Voight’s assistant, Adam Eckfeldt, and employees Lodewyck Sharpe, William Littlewood, John Shreiner, and Lewis Betting, who described work patterns at the Mint and expressed their belief in Voight’s innocence of the charges.

   Henry Voight, who had been appointed chief coiner by George Washington in 1793, retained his position at the Mint until his death in February 1814 (George Greenlief Evans, Illustrated History of the United States Mint with a Complete Description of American Coinage … [Philadelphia, 1887], p. 109).