Title: To James Madison from John Lockhart, 8 October 1802 (Abstract)
From: Lockhart, John
To: Madison, James

8 October 1802, Northampton County, North Carolina. Encloses two letters recommending him for appointment as marshal for North Carolina. “Judge Potter informed me, he had observed in his letter to you, that he had no knowledge of my political opinion, and observed it wou’d be proper that it shou’d be known.… I have always been of republican politics, but hope that Mr. Macon & Mr. Stone will give you further satisfaction on that head.”

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

   Lockhart probably enclosed Nathaniel Macon to JM, 4 Sept. 1802, and Henry Potter to JM, 7 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:547–48, 556–57). On 10 Oct. incumbent John Spence West wrote JM that although his commission as marshal would expire on 10 Dec., he wished to be reappointed as there were still fees to collect and important business to complete. West noted that his decision not to apply for reappointment because of his “Ill state of health sometime ago” might have prompted others to apply for the position, and he asked JM to notify Jefferson of his willingness to be reappointed (DNA: RG 59, LAR, 1801–9, filed under “West”; 1 p.).


Title: From James Madison to Thomas FitzSimons, 9 October 1802
From: Madison, James
To: FitzSimons, Thomas

Sir,
Washington Department of State. October 9th. 1802.
Your letter of the 18th. Ulto, arrived at this place on the 24th. Being at the time absent I had no opportunity of communicating on the subject of it with the President till my return which was on the 7th. instant. I am now enabled to inform you, that agreeably to the wishes conveyed in your letter, the Minister Plenipotentiary of the U. States at Madrid will be instructed to make to the Government of Spain, the representations most proper for obtaining its sanction in behalf of such person or persons as may be charged by American Citizens with the prosecution of legal or just claims in spanish America. As Mr. Pinckney will be referred to the explanations transmitted by the claimants, it is proper that they should be as full and as authentic, as they can be conveniently made. The claimants will doubtless be led by their own interest to avoid the expence of unnecessary agencies, but it being reasonable as you observe, that the casualties incident to a single agent, should be provided against, this consideration may be expected to have weight with the Spanish Government, in favor of two at least, if it be willing to interpose at all for the purpose. Wishing to avail myself of the opportunity for writing to Mr. Pinckney on some other subjects I ask the favor of you to apprize me as soon as [you] can, of the time at which the Gentleman destined to Madrid proposes to be here; or to embark, in case he should not deem it necessary to promise a visit to this place. With great respect &ca.
James Madison.

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

   Letter not found (calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:590).


Title: From James Madison to Rufus King, 9 October 1802
From: Madison, James
To: King, Rufus

private
Dear Sir
Washington Oct. 9. 1802
In compliance with your private letter of Aug. 5. just come to hand, I lose no time in apprizing both you & your agent Mr. Low, of the necessity you will be under of trusting to his arrangements for your passage home. Altho’ the satisfaction wch. would be felt in yielding you the accommodations of a public ship, would be aided by the oppy. it might give of introducing among our breeds of sheep the selections you have in view from those of G. Britain, the Quarantine obstacle which you suggest to the return of our Frigates from the Mediterranean by way of England, cuts off the only resource which it is supposed could be made anywise consistent with the public conveniency. Regretting sincerely that circumstances have not permitted a more agreeable communication to you, I remain Dear Sir With sentiments of great esteem & respect Your most obedt. & hble Servt.
James Madison

   Typescript of RC (supplied by James G. King, New York, N.Y., 1959). The typescript indicates that the RC is docketed as received 3 Dec. 1802 “enclosed in Mr. Low’s,” with the notation, “Pub. vessel would not be sent to take me home.” RC offered for sale in Parke-Bernet Catalogue No. 1064 (3 May 1949), item 61.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:458.

   JM enclosed his letter to King in a 9 Oct. 1802 letter to Nicholas Low (not found) (see Low to King, 23 Oct. 1802, quoted in King, Life and Correspondence of Rufus King, 4:200 n.).


Title: To James Madison from William Eaton, 9 October 1802
From: Eaton, William
To: Madison, James

Sir,
Tunis 9. Oct. 1802
The original letter of which the cipher, enclosure A. is a translated copy I forwarded by Captain Bounds on the 14th. ult. Its stile is indicative of a resolution in the author not to receive a negative. Other communications went forward by the same occasion too voluminous to be reduced to cipher. A recapitulation of some of the facts may be trusted to a precarious conveyance, together with additional occurrences since that date.
On the 28th. Aug. arrived from Algiers two French line of battle ships, a corvette and brig—Departed 19th. ult. having amicably adjusted affairs here, as at Algiers. The Admiral carried, as an expression of this Bey’s consideration for the first Consul, three lions, twelve horses and other presents. And a few days after his departure, the Commissary General is said to have received from the Bey a compliment of a tiskery for one thousand caffices of wheat; value at market fifteen thousand dollars of spain.
The French Government has lately presented the Bashaw of Tripoli a cruiser of ten guns. France has nothing to hope and less to fear from Tripoli; why then this gratuity at this peculiar moment?
The Danish Commodore Koefoed has again, this summer, negociated a peace with Tripoli under the guns of the United States; and Stipulated that the Danish Consul shall have no agency in the affairs of any nation but his own. In consequence of which I have addressed the Board of Barbary affairs at Copenhagen, enclosure B. The expression of his Danish Majesty to me was not an implied but a declared approbation of the Agency of his Consul in our affairs. If the Commodore possess the authority to nullify his Majesty’s pleasure at discretion both candor and consistency should have induced him to signify it to this Consulate; the medium through which he communicated his Master’s assurances to the Government of the United States. But, if those assurances were mere matter of compliment, there is now an occasion to explain them through the same medium.
On the 5. & 8. ult the UStates frigate Constellation appeared in this road bound to Naples and Leghorn; and thence down the Mediterranean. Did not come to anchor here. Yesterday I recd. a letter from Consul Pulis of which enclosure F. is an extract. Why did Captain Murray tell the Bashaw he was going in search of the Commodore? Did he expect to find him at Naples!
By the Count Augustino Porcille of Sardinia, I have the following intelligence confirmed by a ragusee Captain who arrived from Cagliari the 4th. instant—“That about the 18th. ult. an American Squadron consisting of two frigates and two small vessels arrived at that port; were immediately admitted to pratick—and exchanged the customary salutes—that the Commodore, his lady, and a great number of officers descended a shore—that they were treated with great distinction by the first people of that capital—accompanied to the theatres and other places of amusement—And that, after taking supplies of fresh provisions and water, they departed on the 28th. with a convoy of six or seven Swedish merchantmen, supposed for Leghorn.” I had no advise from the Commodore!
Yesterday anchored in the road of the Goulette three Dutch line of battle ships and two frigates, Admiral De Winter, last from Tripoli. They are visiting these Regencies on the business of adjusting claims and renewing ancient treaties.
Before my arrival here my predecessor, Famin, had promised the Sapatap a double barrelled silver-mounted fowling-piece. It was accordingly commissioned for and came out with the other arms. The minister now swears by the head of the Bey that the promise was for a gold-mounted peace; and insists on another. There is neither truth, gratitude nor shame among these people.
This morning the Bey’s commercial agent passed a moment at the American house. Said, the Swedes, he understood, had proposed a prompt payment of 150,000 dollars and 10,000 annually to the Bashaw of Tripoli for the ransom of slaves and establishment of peace—And asked “Whether the Americans were still listless to overtures of peace?” I answered, that I had no information of a change of disposition on the part of my Government. He rejoined by a fable “A certain man of an irritable temper and an obstinate head, who wished to gain the opposite side of a mountain which presented a precipice in front, swore he would abandon his relations or mount the precipice with his camel. He remained in that desperate resolution till he exhausted the poor beast with fatigue and hunger, and then concluded to go round the foot of the mountain by a beaten path!” Moral—You must pay!

Enclosures C. D. & E. require no particular explanation. I forbore to interfere immediately in the affair of our citizens at Tripoli till after being assured as I had apprehended would be the case, that the intervention of the Dey of Algiers for their liberation would operate like his guarantee of our peace, and till the affairs of the United States were left there without an agent. If I have used some adulation in my letter to the Bashaw, the motive, I trust, will be understood by Government without my declaring it. I have the honor to remain with perfect respect Sir, your very Obed. Servt
William Eaton

   RC and enclosures (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC marked “Duplicate” and “(Extract).” Differences between RC and letterbook copy have not been noted.

   Enclosure A is a copy of Hammuda Bey’s 8 Sept. 1802 letter to Jefferson requesting a warship (3 pp.; two copies, in code; docketed by Brent) (see Eaton to JM, 12 Sept. 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:574–77, 577–78 n.). To each copy Eaton added the following postscript: “If the bey’s letter should provoke resentment Porto Farina may be taken by surprise or stratagem with eight hundred men, and the bey’s whole naval arsenal together with his large vessels of war destroyed. But it would require secrecy and address. It would be a vital wound to cruising. But it should be done in the winter or spring season.” He also added, “It must sooner or later come to this, except something more impressive be done in the east” (italicized words are those encoded by Eaton and decoded here by the editors using a key from the Lear family papers [owned by Stephen Decatur, Garden City, N.Y., 1958]).

   See Eaton to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:574–77).

   See Richard O’Brien to JM, 16 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:494–96).

   A tischera (or tezkerde) is an official order or permit, or an internal passport.

   For the terms of the peace between Denmark and Tripoli, see O’Brien to JM, 11 Oct. 1802. For an earlier negotiation, see Cathcart to JM, 27 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:141).

   Enclosure B is Eaton’s 16 Sept. 1802 letter to the Danish “Board relating to the states on the Barbary coast” (3 pp.; docketed by Wagner), arguing that their order prohibiting Nissen’s handling of American affairs did not accord with the protestation of friendship for the U.S. expressed by the board in a letter of 11 July 1801 (see Eaton to JM, 17 Nov. 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:249 and n.).

   Enclosure F is an extract of Joseph Pulis to Eaton, 24 Sept. 1802 (1 p.; in Italian), stating that Hamet Qaramanli had departed for Derna, leaving a man to await Commodore Richard Morris’s arrival to complete arrangements that Hamet had made with Alexander Murray of the Constellation, who had sailed in search of Morris. The monetary offer, therefore, could not be made in Hamet’s absence. For Eaton’s offer of funds for Qaramanli, see Eaton to JM, 7 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:463 and n. 1).

   For a list of the arms sent to Tunis, see Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:86–87, and Eaton to JM, 25 May 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:258–61).

   Under the terms of the 2 Oct. 1802 treaty between Sweden and Tripoli, the former agreed to pay Tripoli 150,000 piasters in cash six months from the treaty date and an annual annuity of 8,000 piasters beginning 1 Jan. 1803. All Swedish prisoners were to be released after receipt of the cash payment and the first annuity, and the Swedes were to pay 3,600 piasters to cover all debts contracted by Swedish subjects and the commercial agent. All prizes captured by each country from the other after 25 Sept. were to be returned, and Yusuf Qaramanli promised the immediate release of Baron Armfeldt, the only imprisoned Swedish officer, in appreciation of Napoleon’s mediation. The treaty was to be ratified within three months. Hostilities were to cease at once and were to be renewed six months from the signing date if the treaty was not ratified (Paris Moniteur Universel, 28 Oct. 1802).

   Enclosure C is an 18 Sept. 1802 letter from Eaton to the pasha of Tripoli (3 pp.; in Italian; docketed by Wagner; 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)., 2:279–80), which offered to exchange Tripolitan captives in American hands for Americans held by the pasha. Enclosure D is a copy of Andrew Morris to Eaton, 15 Sept. 1802 (3 pp.; docketed by Wagner), in which Morris reported that he had been freed from confinement “by the friendly exertions” of the Spanish consul and that he had heard the dey of Algiers had applied for his release. He asked that Commodore Richard Morris and James Leander Cathcart be requested to arrange the prisoner exchange; he stated that the Tripolitan government was so desirous of peace that if Morris and Cathcart were in Tripoli “it could be obtained almost upon our own terms”; and he reported that Murad Rais intended to sail in a polacre given to Tripoli by France, that six other galleys were “already out,” and that the French were negotiating a peace between Sweden and Tripoli while Cederström waited in the harbor. Enclosure E is a copy of Eaton’s 24 Sept. 1802 reply to Morris (1 p.), stating that he had heard the dey’s intervention had availed nothing and that Eaton had written the pasha of Tripoli on 18 Sept. “on the subject of his Convention with Cmre. Dale” (see ibid., 2:213). Eaton assured Morris that the pasha would release him and that the pasha would accept Eaton’s suggestion that Morris handle American affairs in Tripoli after his release.


Title: To James Madison from William Willis, 9 October 1802
From: Willis, William
To: Madison, James

Respected Sir.
Barcelona 9th. Oct. 1802.
Since mine of the 19th. of Sept. inclosing with it the false Register and Mediterranean pass that I demanded & obtained from Capn. Thos. Lewis, and mine of the 29th. of the same month, I have Receiv’d from Capn. Mills the Papers mentioned; but none of them are either signed or sealed. I shall send you some of them in a few days. I am trying all in my power to find to a Certainty the Authors, but think best to proceed slowly & silently, Altho’ I have already strong presumptive proof of who were the Actors, and Lewis has even mentioned that he intends to make a voyage shortly from some ports in the mediterranean to the Coast of Africa, in a vessel which he says is prepared for him, but he will find, I trust, that no Consul will Again clear Any vessel with him as master as I shall apprise them of what I have detected him in. I herewith Enclose you an insolent Letter which he wrote me and was it not from a hope of further informations on the subject by leaving him a few days at Liberty, I should immediately apply to Authority to do me justice by punishing him. I make him no Answer to his insolent falsehoods, as no improper paper has ever been obtained with my Signature to it from this office, but I have strong suspicions that my hand and Seal has both been forged, as well as that of my vice Consul, as you will see by the papers which I enclosed you, what those who forged those papers were Capable of. Did I know of Any Law to Authorize it, I would Confine both Lewis & Baker & send them to the United stat[e]s by the first frigate that Calls here.

The Court is Still here with the King & queen of Hetruria & prince and princess of Naples who depart from this on monday the 11th. I Am Sir with Respectfull Esteem your Most Humble Servt.
Willm Willis

   RC and enclosure (DNA: RG 59, CD, Barcelona, vol. 1). RC in a clerk’s hand, signed by Willis.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:593, 604–5. For the beginning of this incident, see Willis to JM, 15 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:582–83).

   Willis enclosed a copy of Thomas Lewis’s 8 Oct. 1802 letter to him (1 p.) stating that the receipts and vouchers from the Pomona that Willis demanded had always been available to him. Lewis also stated that he would give a copy of all the papers and documents relating to the Pomona and signed by Willis to Charles Pinckney at Madrid and hand the originals to JM.

   Etruria.


Title: From James Madison to Louis-André Pichon, 10 October 1802
From: Madison, James
To: Pichon, Louis-André

Department of State. October 10. 1802.
The Secretary of State having laid before the President the communication made by Mr. Pichon of the establishment of a definitive Peace between the french Republic and its allies on one, and Great Britain on the other, is charged to repeat those sentiments of friendship and congratulation which were expressed on the conclusion of the preliminary treaty which led to this happy event.
The United States always take a sincere interest in the welfare of the French nation; and they cannot but derive additional pleasure from an extention of the blessings of peace to so many others. The Secretary of State presents to Mr. Pichon his respect and his high consideration.
James Madison.

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

   The State Department clerk apparently omitted the word “hand” here.

   See Pichon to JM, 28 July 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:438).


Title: To James Madison from Fulwar Skipwith, 10 October 1802
From: Skipwith, Fulwar
To: Madison, James

Paris 10 Octo. 1802
I beg you to excuse, my dear Sir, my writing to you personally on the subject of my Countrymens claims against this Government. I know that any communication of mine on that head, to be either correct in its manner, or useful to the public, ought to be addressed to the Department of State. But as in the present instance I have a personal motive of doing justice to myself, and cannot render all the information I have in respect to the claims without exposing the conduct & views of others, I may be permited to claim your indulgence for attempting to do both through the channel of a private letter. It is neither wise nor patriotic for a public Agent abroad to denounce publicly the corruption of men, in or out of place, unless thereby he can promote the rightful interests he represents, or could improve the good understanding between his own Country & the one in which he resides.
When I had last the honor of addressing the Secretary of State, in date of the 1st. Augt., I expected before this day to be able to furnish him a tolerably Satisfactory account of my success with the Council of liquidation of the public debt, in the Settlement of the claims under my controul. I was assured by the director of that Commission that in a very few weeks Certificates of liquidation would be granted me for the most of them. For some months preceeding my letter to the Secretary I found it impossible to get forward in any one—during that period mr. Swan was extremely attentive to me, & did not cease to repeat to me that untill I consented to pay somebody, I should do nothing. I told him, as I did on a similar occasion during Mr. Monroes mission here, that I knew not how to bribe, & if disposed, I knew not whom. Mr. Swan proposed me the expidient of doing it through him in the shape of a Commission, saying that no part of it was for himself, but the whole for certain employés whose names must be concealed. I consulted with mr. Livingston who agreed with me that there appeared but too much necessity of employing such means. After much thought & anxiety on the subject, I adopted Mr. Swans expedient, & accordingly bound myself to pay to his order (on receiving the liquidations) on all claims that had been placed in my hands prior to my being appointed to the office of agent of claims, the Commission of 2 pCent. I was aware that not having the right in virtue of my instructions of charging a Commission on those commited to me since, my conduct might be wrongly interpreted, or misrepresented, should I consent to grant what I had not a right to receive.
Mr. Swans expedient for some time seemed to work the effect of a Salutary & important remedy. Every day I learned at the Commission of a favorable report on some one or other of my claims—an informal note was given me of the work of many to the amount of 1,300,000₶. being complete: but farther experience began to teach me that the dose I had administered was no more than an expedient, and that the obstructions I expected to have removed, had returned with still more dangerous symptoms. I found less access to the Bureaux and when admited, more difficulty in understanding with the Chiefs on principles however fair, & on points however well established. In vain did I press for Certificates of liquidation on those claims, in favor of which they assured me Reports had been long made. In date of the  Thermidor I recd. a letter from the Director of the 4th. Division, charged specially with the American business, the equivocal and frivolous contents of which could but inspire me with distrust of his views. By the doctrine there supported, the best founded claims, those that have been settled by the final awards of Arbitrators, on the basis established by the Government themselves, now seemed likely to be anulled. By a subsequent letter from the same Director, I am given to understand that claims formerly liquidated by various Administrations in the Colonies for supplies, & referred by those Administrations to the Government here for payment, will be sent back to the Colonies. Bills drawn by the same Administrations on the Department of Marine in Paris, also for supplies, the Council insist must be liquidated agreeably to the law of the 24th. Frimaire, which sinks ⅔ds. of the principal, & funds the remaining third (worth about 52 ⅌. Cent[)]. In this case a total loss would result of the Interest, & nearly 5/6ths. of the principal.
Such is the disgraceful aspect of the American claims with which I am intrusted. That there is some unfair game behind the curtain, the circumstance I am now about to relate renders more than probable. Mr. Swan to whom of the Americans here, the doors of the Commission are well known to be exclusively open, & who instead of being indebted to the Government, as was proclaimed by them in his absence, in the sum of six millions, is now acknowledged to be a Creditor in the sum of a million & a half of Livers [sic], has come forward with an invitation to me & all others holding claims to accept the offer of certain powerful, but nameless personages, of Bons for all our claims, on deducting therefrom the interest & 30 per Cent of the principal—these Bons are obligations of the Government receivable in payment, of National Estate yet to be sold—they were a little while ago selling at 45 pCent, but are now raised to 86 perCent, and ’tis believed by the means of Government Brokers, who are the principal Gamblers here in all public paper. Many Individuals have consented to subscribe with Mr. S., who says he is not a Principal in the business, but is to receive a Commission of 5 ⅌ Ct. To induce me to subscribe he continued several days to urge that it was the only measure by which I could get my claims settled, & lastly finding that argument unsuccesful, he has offered to divide with me his Commission—this on eight million of Livres, the sum our claims are estimated at, would be a fortune to me, & would add something to his, but as neither my instructions from the Secretary of State through Mr. Livingston, nor my powers from the parties concerned, to say nothing of the repugnance I should feel in receiving an unfair emolument from an impure source, authorize me to make sacrifices, I have rejected the offer of Bons, which even in the hands of french men are speculated on by Government, & were they the property of Strangers, I fear would like many sorts of public paper that I have seen in this Country, get their disgrace from the very source that gave them Currency. In the present state of things however, I cannot conceal my fear of being able to terminate on better ground the claims commited to my charge. Were men & circumstances others [sic] than they are, I would, as I often did when I had the honest firmness of Mr. Monroe to support me, denounce such projects to the Government: but I am sure that in this instance, were I to do it, I should only be the victim of my own Zeal, & that neither myself, nor any one in my place, could hope to remove the evil: it has too deep a root; there exists with men high in place & power the determination of making a job of the few claims that have escaped the past iniquity & vicissitude of events: should this not be the case, we may hope to vanquish difficulties, but of this I despair. All that I can do, I conceive under present circumstances is to await the instructions of the Parties concerned, to whom I shall make known respectively the state & prospects of their business. By those who have acceded to Mr. S—ns proposition, I am blamed, because it seems the projectors must have the whole or none. By those absent I may be censured, should the plan fail & nothing eventually be realized; but conscious as I am on this occasion of having acted correctly & disinterestedly, I shall feel regardless of consequences if I am happy enough to place my conduct on the footing it deserves in your estimation & that of the President. I have the honor of remaining with every Sentiment of esteem & Respect Sir Your mo ob Servt
Fulwar Skipwith

   RC (DLC: Causten-Pickett Papers, Fulwar Skipwith Papers, box 5, Claims). Marked “Duplicate.” Addressee not indicated, but identified as JM on the basis of Skipwith to JM, 1 Dec. 1802.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:449–50.

   Skipwith left a blank space here.


Title: To James Madison from Daniel Tilton, 10 October 1802 (Abstract)
From: Tilton, Daniel
To: Madison, James

10 October 1802, Philadelphia. Experience has shown him that the duties of a territorial judge of the Mississippi Territory are incompatible with the obligations of a husband and parent. “In endeavoring to reconcile them I have, during two years past, done justice to neither.” Asks leave to resign, “wishing, and doubting not” that his successor “will be better qualified on the score of private relations as well as professional intelligence.” Extends warmest wishes for JM’s private and political welfare and for the prosperity of the present administration.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Tilton”). 1 p. Printed in Carter, Territorial Papers, Mississippi, 5:178.


Title: From James Madison to Albert Gallatin, 11 October 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

11 October 1802, Department of State. Encloses a “Copy of a letter, concerning the Ship Windsor, which I received some time ago from Mr. Thornton, and must ask the favor of you to cause such further enquiries in the case complained of to be set on foot as you may think will be useful.”

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

   The enclosure was probably Edward Thornton to JM, 27 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:523–24). For the case of the Windsor, see The Struggle to Maintain Neutrality, 8 June 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:270–71).


Title: To James Madison from Isaac Briggs, 11 October 1802 (Abstract)
From: Briggs, Isaac
To: Madison, James

11 October 1802, Baltimore. “I take the liberty of sending for deposit in thy office, as evidence of another invention of my brother Samuel, the enclosed Specification and affirmation. After fully submitting it to the test of experiment, he intends, if it succeeds, to solicit a patent.” Requests an acknowledgment of this letter “directed to Brookeville, Maryland.”

   Letterbook copy and copy of enclosures (DLC: Isaac Briggs Papers). Letterbook copy 1 p. At the top of the letterbook copy, Briggs wrote, “The foregoing were inclosed in a letter of which the following is a copy, and put into the Post-Office, in Baltimore, on the evening of the day of its date.” Enclosures are a specification of an improvement in the steam engine for which Samuel Briggs, Jr., was granted a patent on 9 Oct. 1802 and an 11 Oct. 1802 certification by justice of the peace William Russell of Baltimore that Samuel Briggs of Georgia had affirmed that he was the inventor of the improvement (1 p.). The letterbook also includes a description of “a New mode of applying Steam, as the Moving power of Machinery, by Samuel Briggs Junr.” together with a 6 Nov. 1801 affirmation before justice of the peace Richard Green of Montgomery County, Maryland, of Samuel Briggs’s invention of the device.


Title: To James Madison from Richard O’Brien, 11 October 1802 (Abstract)
From: O’Brien, Richard
To: Madison, James

11 October 1802, Algiers. Reports the arrival on 6 Oct. of Captain Morris and four of his crew from Tripoli. “Two of his Crew being British and 2 french were Claimed and given up at Tripoli to the Consuls of their nations.” At O’Brien’s request, the dey of Algiers requested the freedom of the American crew on 5 and 7 July from the pasha of Tripoli, who could not refuse the dey’s “friendly and presing request.” On 7 Oct. the dey sent Morris and crew to the American house with his compliments as a present to the U.S. government. On 8 Oct. O’Brien went to thank the dey, who offered to render more important service to the U.S., referring to peace with Tripoli. “I much thanked Patroon Grandi—whom Observed that one hand washed the other and both The face.” The dey then asked when timber and other items would arrive from the U.S.; “I hope Said Vessel will arrive here Shortly.” Regarding Cathcart’s appointment, “the dey was much dissatisfyed Said he wanted here an American with a Clean face … and That he would write a letter by Capt Morris to The President of the UStates and for me to explain fully his motives for Objecting to receive Mr. Cathcart. That he was an Enemie to Algiers & tripoli and of Course not a fit agent for The Ustates to have in Barbary.” In response to the dey’s “very strong letter on our affairs to The Pascha,” the latter said he would allow his ambassador, who came to Algiers with Morris, “to Conclude The business” if O’Brien were empowered to do so “and it should be the deys presing request.” “It has been intimated to me by One of the ministry here that The Terms of our peace at the first demand” will be $75,000 in cash and presents to Tripoli and $45,000 to Algiers. “The Custom of those Govts. is to demand a great Sum at first in order to see what you might offer. Their ideas is extravagt. but Could in my Opinion be much reduced.” The pasha of Tripoli seems disinclined to make peace independent of the dey “as it might incur his displeasure and The result would be that the Govt of Tunis might Commit an over[t] act against Tripoli—and that power had no Claim of friendship on Algiers, further with force in the power of the Consul at Algiers he will allways have it in his power to keep tripoli Subservant to Algiers and allso on many of the US. affairs relative to Tunis.” Points out that when the pasha “began to growl three years past” O’Brien had “refered The Opinion of Mr Cathcart & Eaton” with his own to William Loughton Smith, who agreed with the other two. O’Brien had suggested giving $10,000 to the pasha by way of the dey; “so that difference of Opinion neglect and a hatred to the Consul at Tripoli—as the Pascha of tripoli declares, Occasioned The war the Presidt. that ordered the Peace with Tripoli was no more … and next the dey that gaurenteed it went to his long home, and it required money and presents to give our peace their security at Tripoli and Algiers.”
If peace with Tripoli is bought it will give a bounty to Algiers and Tunis “to Make extraordinary demands, or to search for difficulties … but if we dash at Tripoli denmark we will Secure our peace with Swede Tunis and rusia Algiers [sic].” Advises sending four frigates and four schooners to Tripoli by 1 May with $40,000, and $10,000 more “to be given to those whom would there render you a Service,” and then enlisting the aid of Bryan McDonogh and Leon Farfarra—“both of the greatest influence with the Pascha of Tripoli”—to convince him the ships came “to prosecute the war with rigour.” “I would again make the dey of Algiers to gaurentee the treaty of tripoli and appoint McDonough the Consul for The UStates at Tripoli.” Would give the dey $20,000 and his ministry $10,000, which would assure U.S. peace with Tripoli. Believes the U.S. has inadvertently injured McDonogh, who “is a good man and has ever been a sincere friend to the UStates,” which should now do him justice. “Believe me you are Misinformed. The Bearer of this dispatch Can give you real information on this Subject and of All others relative to Tripoli.” Cathcart and McDonogh were not on friendly terms at Tripoli. McDonogh was the first person considered by Barlow for U.S. consul at Tripoli, but a malicious letter from Tripoli to the former dey caused his appointment to be “laid aside.” McDonogh “rendered our Affairs Services of magnitude much contributed to The liberation of the US. Brig Sophia then under my command with a great Sum of the Public Money.” He was a friend and protector to the imprisoned crew of the Betsey. Cathcart was jealous of McDonogh; “he got himself into difficulties & Charged them on to the Innocent McDonough.” Cathcart wrote to Dale and King complaining about him. A complaint was lodged with the British government which deprived McDonogh of his appointment as British consul at Tripoli. “Documents of the first Magnitude will prove What I thus detail to you.”
When he asked the dey to write to the pasha of Tripoli, he informed the dey and ministry he would pay $5,000 for Morris and all the crew members—nine total—but he will keep his word and be answerable to the dey for this amount even though only five seamen arrived. Believes the dey’s views are “much beyond” $5,000. The gifts the dey sent to the pasha in return for the Americans included 10,000 measures of wheat, a gold-sheathed sword, “a pair of pistols—Elegant,” a caftan worth $150, and a ring worth $500. The dey gave the pasha’s ambassador a watch and money amounting to $1,000. Along with Morris and four of the crew the pasha had also sent the dey a group of ten blacks including five eunuchs. “To this Vessel with now The deys presents in return for tripoli the dey demanded My Pass & Certificate I have given the same as pr. Copy.” Reports that in August, Denmark gave the pasha of Tripoli $30,000, an annuity of $5,000, and presents for five years’ peace, for a total cost of $60,000. “The french Consul is Charged by his govt to make the peace of Sweden with Tripoli.” Report is that Swedes paid $60,000 in September 1802, a ransom of $60,000 for fifty-two captives at Tripoli and twenty-nine at Algiers, and presents worth $10,000, which will amount to $130,000 plus an annuity of $5,000. “This business” is guaranteed by Napoleon. Dutch admiral de Winter arrived at Tripoli in September and will have to pay almost as much as the Danes. France has given Tripoli a fourteen-gun corsair and presents worth $25,000—“has not Bonapart his Views.” Tripoli recently purchased a sixteen-gun corsair from the British at Algiers, “which with others & 6. at present below Sicille—with the peace with The Deans dutch Swedes Spanish french British rusians imperials regusies and portugal—will not Tripoli Corsairs—have it in their power to Capture American Vessels.” “I pray your attention to The proposed plan of 4 frigts. &c. with them The Money it is everything in Barbary—Cash in hand.” If the ship with annuities does not arrive soon, “I will be obliged—to Make Sacrafices you Know—we are in debt and has not a shure Credit.” “For all particulars relative to Tripoli I refer you to The Bearer Capt Morris.”

   RC, three copies (DNA: RG 59, CD, Algiers, vol. 6). First RC 4 pp.; docketed by Wagner. Second RC marked “Copy”; docketed by Wagner. RC marked “Copy 3d” is docketed by Wagner as received 19 May. Extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:288–90. For postscripts not on the RC but on second and third copies, see n. 7.

   Although the dey gave the men to the U.S. as a “present,” he charged a ransom of $6,500, which was paid by Tobias Lear in October 1803 (Lear to JM, 2 Dec. 1803 [DNA: RG 59, CD, Algiers, vol. 6]).

   O’Brien probably enclosed the Arabic original and two translations of Mustafa Dey’s 17 Oct. letter to Jefferson (DNA: RG 59, CD, Algiers, vol. 6) in the packet of his dispatches received at the State Department from Morris on 19 May 1803. The dey told Jefferson that O’Brien had asked him as a favor to have the pasha of Tripoli release the captured U.S. subjects and he then gave them to O’Brien to send to Jefferson as a present. He also expressed his dissatisfaction with Cathcart’s appointment as consul at Algiers and refused to receive him, as “his Character does not suit us as we know wherever he has remained that he has Created difficulties and brought on a war.” In a postscript the dey added that he had requested Morris to carry the letter (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:301).

   O’Brien may have been referring to his 22 Nov. 1799 letter to Smith, which discusses several methods of dealing with demands from the Barbary regencies (DNA: RG 59, CD, Algiers, vol. 6).

   Hassan Bashaw died on 15 May 1798 (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)., 1:250).

   For Tripoli’s detention of O’Brien and the Sophia, and for the capture of the Betsey, see ibid., 1:175–76.

   For the complaints against Bryan McDonogh, see King to JM, 14 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:316–17 and n. 2).

   O’Brien apparently did not enclose a copy of the certificate and passport with the RC, but he did append them to the copies. Dated 13 Oct., the passport asked American commanders to allow the imperial brig Monarca, carrying wheat to Tripoli, to enter unmolested (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:293). A second postscript is a suggested list of gifts to be sent with the four frigates to Tripoli and placed “at The disposal of Bryan McDonough,” including “india Muslin for turbants,” “20 pieces of fine Linnen,” ten quintals of coffee, one hundred loaves of sugar, “2 Services of China for The Pascha,” twelve other tea and coffee sets, sixteen quarter chests of assorted tea, “Sweet Mates &c,” “rum in bottles,” green coffee, “india dimity,” and “6 dozen of madras Handkerchifs,” for a total of $4,450. O’Brien stated that such gifts would be “of More Consequence on our affairs” than doubling the amount of cash sent to the pasha. He suggested similar items be sent to him to distribute at Algiers.

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


Title: From James Madison to Albert Gallatin, 12 October 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

12 October 1802, Department of State. Requests that Gallatin issue a warrant for John Davidson in the amount of $3,579.62 from the appropriation for the relief and protection of seamen to cover three bills of exchange drawn on JM by Isaac Cox Barnet at Bordeaux, with the amount to be charged against Barnet.

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

   See Barnet to JM, 30 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:352). Barnet’s figures in that letter contain an error which was corrected at the State Department.


Title: To James Madison from William Jarvis, 12 October 1802 (Abstract)
From: Jarvis, William
To: Madison, James

12 October 1802, Lisbon. Has sent by Mr. Codman in the Ardente for Baltimore his 1 Oct. dispatch, a duplicate of his 22 Sept. dispatch, and five enclosures. “From the answers to the Petitions given in behalf of the Philada. Vessel, which orders that she shall be released after 25 days if no sickness then appears, I am inclined to think that this will be made a general rule for Vessels comeing from that port; but by some misapprehension in his Lordship’s order the under Officers here seem disposed to make the New York Vessels lay the same length of time. The mistake cannot be rectified untill his Lordship returns from Mafra where the Court now all [are] in daily expectation of the Princess being delivered.” Ships from every other U.S. port are admitted to immediate entry. “About a week since” a chargé d’affaires arrived from the Spanish court and “two days since” the French chargé at Madrid, Emmanuel Louis Joseph Hermand, arrived. “He left Madrid by order of his Govmt. at a very short Notice & is to return & resume his Functions at that Court again.” The French commissary general, who was left as chargé d’affaires by Lannes, is instructed to continue discharging the duties of both offices, as Hermand was “sent upon some particular & momentous business. The nature of which has not transpired. But it is generally understood to relate to the departure of the General.” The French maintain that Hermand has come to make certain demands and is ordered to remain no longer than twenty days for a “Categorical answer.” The Portuguese say the object of his mission “is perfectly Friendly.” “I presume each speak rather their wishes than what they Know.”
The Portuguese court has recently appointed Rademaker, now at London, consul general to the U.S. Rademaker “has been employ’d dureing the War as agent under the control of their Minister in London, to purchase whatever was wanted by this Govmt. for the Army & Navy &.” Has it “from pretty good authority” that the pride of the Portuguese court is hurt that the U.S. has not sent a chargé d’affaires to Lisbon. “This moment I have rec’d an answer to my Communication of the 9th Ulto. by which you will see Sir that they continue to adhere to the Prohibition. Not a word is said relating to the Consumption. This appears almost to be a studied omission, but I shall write to his Excy. to day for an answer to that part, & remain silent as to admission untill I am honored with some instructions from Govmt., if recd. before the prohibition takes place.” Adds in a postscript that he encloses extracts of letters received since his last “that any way relate to Barbary affairs.” On 11 Oct. he obtained release of American seamen Stephen Mount and Ignatius Clark from British sloop of war Cynthia and had certificates issued for their pay and prize money. “They were impress’d out of an English Merchantman & had been detain’d 2 years.”

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 1). RC 4 pp. For enclosures, see nn. 4 and 5.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:596–97, 607 and n.

   Princess Carlota Joaquina gave birth to the future Miguel I on 26 Oct. 1802 (Burke’s Royal Families, 1:446).

   For the quarrel of French ambassador Jean Lannes, duc de Montebello, with the Portuguese government, see Jarvis to JM, 10 and 14 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:470–71, 482–83 and n. 2).

   For the Portuguese government’s prohibition on imported flour, see Jarvis to JM, 6 and 11 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:554 and n., 568–69). In his 12 Oct. 1802 reply to Jarvis (2 pp.; in Portuguese with translation), Almeida stated that the motives of public health and promotion of the milling industry that prompted the prohibition still prevailed; therefore, the ban would not be lifted although grain would be allowed entry at all ports.

   Jarvis enclosed an extract of a 23 Sept. 1802 letter from John Gavino (1 p.), reporting the arrival of an English sloop that had been boarded off Cape St. Vincent on 15 Sept. by a Moorish corvette, which would not identify itself. The corvette also boarded an American vessel but allowed it to proceed, so was presumed not to be Tripolitan. Gavino reported that the Moroccan vessel at Gibraltar was preparing to sail and an Algerine cruiser had headed west “a few days ago.” He also quoted an 18 Sept. letter from James Simpson saying he had nothing new to report.

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


Title: To James Madison from Robert Liston, 12 October 1802 (Abstract)
From: Liston, Robert
To: Madison, James

12 October 1802, The Hague. Introduces the bearer, Captain Murray of the Royal Navy, son of the earl of Dunmore, in whom Liston takes particular interest. “I am encouraged by the proofs of kindness and attention I myself have received from you to take the liberty of recommending him to your good offices: and I have sufficient confidence in the liberality of your sentiments to assure myself that you will not refuse your countenance to the object of his journey to your part of the world, if you see that the Claims he means to bring forward are founded in justice.”

   RC (DLC). 1 p.

   Liston, British minister to the U.S. from 1796 to 1800, was minister to the Batavian Republic.

   John Murray, third son of the earl of Dunmore, governor of Virginia at the outbreak of the American Revolution, was probably in the U.S. to pursue his father’s claims to lands in the Indiana Territory that Dunmore and other members of the Wabash Land Company had purchased from the Indians in 1775. The partners had offered to convey their title to all the lands covered by the deed to the U.S. in exchange for the government’s reconveying title to one-fourth part of the lands back to the Wabash Company. Congress had rejected their petition in March 1802 (John Bernard Burke, ed., Genealogical and Heraldic History of Peerage, and Baronetage … [2 vols.; London, 1914], 2:675; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 199, 995; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:27, 74–75, 160–61, 189).


Title: To James Madison from William Willis, 12 October 1802 (Abstract)
From: Willis, William
To: Madison, James

12 October 1802, Barcelona. “Imediately after writing my Letter to you upon the Subject of the insolent Letter from Lewis I thought it best to summons both Lewis & Baker, In order that they should appear together and to answer to the interrogations that I should put to them and, to commit Lewis for his insolent Letter, Lewis remaind silent; but Baker returnd the following insulting reply, I inclose you the sumons and answer.” “Having been before insulted by Baker in Prison” and having had two previous verbal summonses disobeyed by him, at which time Willis refrained from arresting him because of “his being a Little unwell,” Willis applied to the governor to have them both arrested. Thinks it best to detain Baker in prison until he can find Lewis, who has “concealed himself,” and wishes each present at the interrogation of the other.

   RC and enclosures (DNA: RG 59, CD, Barcelona, vol. 1). RC 1 p. Marked duplicate. In a clerk’s hand, except for address, complimentary close, and signature in Willis’s hand. Docketed by Wagner as received 21 Jan.

   Willis to JM, 9 Oct. 1802.

   Willis enclosed copies (2 pp.) of the 10 Oct. 1802 summonses sent to Thomas Lewis and William Baker requesting them to appear before Willis at the U.S. consulate; a correction changing the date to 11 Oct.; and Baker’s 11 Oct. 1802 reply, stating “when it is officially communicated to me by whom this desire ⟨is⟩ made I shall then govern myself accordingly.” Baker’s reply is attested to by Peter Stirling and James Soucheiren. Lewis and Baker were captain and supercargo of the Pomona, the ship that supposedly carried the false papers (see Willis’s 2 Nov. 1802 interrogatory of Baker [DNA: RG 59, CD, Barcelona, vol. 1]).

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


Title: To James Madison from Josef Yznardy, 12 October 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

12 October 1802, Cadiz. “The foregoing are Duplicates of what I had the honour of addressing you via Norfolk.” Forwards a packet “received this day” from Willis at Barcelona.

   RC and enclosures (DNA: RG 59, CD, Cádiz, vol. 1). RC 1 p.; in a clerk’s hand, signed by Yznardy. RC written at the foot of the enclosures (3 pp.), which are copies of correspondence sent with Yznardy’s 5 Oct. 1802 dispatch relating to Andrew Morris’s capture (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:610 and nn.). Yznardy may have forwarded Willis to JM, 29 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:604–5).

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


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

13 October 1802, Tunis. Since closing his 9 Oct. dispatches, he has been informed by Admiral de Winter that the pasha has rejected the Swedish offer of $150,000 “prompt payment” and $10,000 annually. Desiring peace with the U.S., the pasha liberated Morris and crew and sent them to Algiers with an official messenger in an imperial vessel to assist the peace negotiations there. This was confirmed by a 22 Sept. letter from Nissen received “this morning.” Morris embarked the evening of 21 Sept. “I have no advice from Mr. OBrien of a negociation being opened at Algiers. But all intercourse between that Consulate and Tripoli, of a confidential nature, has long since been carried on through the medium of the Algerine Jews Azulai at Tunis and Farfara at Tripoli.” The pasha has long manifested a desire for accommodation with the U.S., prompted by fear of his brother’s influence and a wish to “manage the Swedes alone.” “It may recur that when he declared war against the UStates, he supposed his affairs settled with Sweden. The Algerine Jews are now active in the measure of pacification, because disappointed of their primary object in stimulating the war, they wish to recover their influence and confidence with the United States. Why did they not come forward when the Dey’s guarantee of the peace was claimed? Can any reliance be placed on such an instable, treacherous mediation?” Notes that the pasha made Algerine interference his pretext for violating the treaty. “When he sought the mediation of this Bey last spring this was declared to have been his sole reason for making war. Have we not reason to apprehend therefore that, when he gets possession of his brother’s head & relieves himself from the Swede, he will renew his outrages against the United States? I am for no mediators with these regencies but cannon and bayonets.” The president’s letter to the bey conveys the same sentiment. Only these can ensure respect and fidelity as experience has already verified. “Let us at least require some consistency of conduct among them. Let us not again be allured into a fatal security and lay a groundless faith on the illusive protestations of Algiers, again expose our commerce to surprize and our national honor to the imputation of a weak and submissive policy. Tripoli should be chastised into terms, that the other Regencies may be taught to respect us.” Soliciting or yielding to the influence of Algiers gives that regency too much power in U.S. affairs and renders the U.S. contemptible in the view of Algiers and the world. “Besides, though it produces no advantages, in effect, it imposes on us an obligation which can never be compensated.” Does not suppose the peace negotiation originated with the U.S., as he has received no information of the U.S. squadron’s having been at Algiers and no official notice. “Nor is it to be believed that the Government having once and so lately been deceived by the guarantee of the ‘Potent Dey’ will so soon renew their address to him as their mediator with the very Bashaw who publicly declared his contempt of that interference.” While rejoicing that U.S. citizens are free from chains, hopes that the main object aimed at by the pasha and the Jews will not be obtained. “The former wants to get us off his hands for a moment; the latter wish to get us into their hands entirely.” Believes national independence is “a reasonable and indeed a necessary point to be established here.” Knows peace is the object. “There is not a man in America more desirous of it than I am, because I have then an implied permission to leave this cavern of horror—but I would rather stay here the residue of my days than to leave this Country without seeing some respect attached to the flag of my own—provided my residence can have any influence in effecting so desirable an object.” The Batavians refuse to make payments. “The yoke rests on the necks of Sweden, Denmark and the United States. Let us shake it off!”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 4 pp. Docketed by Wagner, “9 & 13 Octr. 1802. Recd. 18 March.”

   For Tripoli’s peace with Sweden and declaration of war against the U.S., see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:4–5, 188.

   See David Humphreys to JM, 14 Apr. 1801, Eaton to JM, 28 Apr. 1801, and Cathcart to JM, 16 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:92, 126, 188).

   See Jefferson to Hammuda Bey, 9 Sept. 1801 (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:358).

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


Title: To James Madison from Samuel Tredwell, 13 October 1802 (Abstract)
From: Tredwell, Samuel
To: Madison, James

13 October 1802, Collector’s Office, District of Edenton. Forwards the list [not found] of American seamen registered in the quarter ending 30 Sept. “It appears by the Oath of John Miller Master of the Schr. Betsey of this Port dated the 26 July 1802 that while he was lying at Montego Bay in the Island of Jamaica Robert Taylor a subject of Great Britain and One of the Crew of the said Schr. Betsey was arrested and taken out of the said Schr. by the Commander of a Merchant Ship from which it was stated he had deserted upwards of twelve months before. The protest has been forwarded by Capt. Miller.”

   RC (DNA: RG 59, ML). 2 pp.


Title: To James Madison from Thomas Witherspoon, 13 October 1802
From: Witherspoon, Thomas
To: Madison, James

Letter not found. 13 October 1802. Acknowledged in Daniel Brent to Witherspoon, 19 Oct. 1802 (DNA: RG 59, DL, vol. 14), as a request for a copy of the laws of the last session of Congress. Brent declined the request, stating that the State Department could only furnish officers of state governments with copies of congressional laws “through the Executives of the several states.”


Title: From James Madison to Albert Gallatin, 14 October 1802 (Abstract)
From: Madison, James
To: Gallatin, Albert

14 October 1802, Department of State. Requests that a warrant for $600 be issued to Seth Pease from appropriations for Barbary affairs, he being the holder of a bill of exchange drawn on JM by John Gavino for advances made to James Simpson, with the amount to be charged against Simpson.

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


Title: To James Madison from Charles Treadwell, Jr., 14 October 1802 (Abstract)
From: Treadwell, Charles
To: Madison, James

14 October 1802, St. Kitts. Reports that a destitute American citizen who arrived ill in June, and whom Treadwell placed in the hospital, has recovered and departed for the U.S. Encloses accounts for supplies furnished him as well as a statement of Treadwell’s draft on JM for $90.38 to cover the account. “I should have taken his acknowledgement for these supplies, had I been present before his being discharged, as I was then absent it was omitted, the vouchers from the surgeons will I trust be sufficient to pass the accounts.”

   RC and enclosure (DNA: RG 59, CD, St. Christopher, vol. 1). RC 1 p. Docketed by Wagner as received 29 Nov. Enclosure is a one-page itemized account for medicine, food, and attendance. On 6 Dec. 1802 JM requested Gallatin to issue a warrant for $90.38 in favor of Hezekiah Rogers, who held Treadwell’s bill (DNA: RG 59, DL, vol. 14; 1 p.; misdated 1803).

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


Title: From James Madison to Carlos Martínez de Yrujo, 15 October 1802
From: Madison, James
To: Yrujo, Carlos Martínez de

Department of State, October 15th. 1802.
The Secretary of State was duly honored with Mr. Yrujo’s Note of the 28th. of July last.
The communication made by Mr. Yrujo of the Peace between His Catholic Majesty and the Emperor of Russia has been received by the President with all the interest which humanity ought to take in such occurrences, and with that particular sympathy in the happy event which is due to a friendly nation, with which the United States are desirous, under the auspicious [sic] of peace to strengthen and extend their beneficial relations. The Secretary of State, begs Mr. Yrujo to accept the assurances of his high consideration and respect.
James Madison.

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

   JM probably referred to Yrujo’s 20 July 1802 letter (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:406).


Title: To James Madison from Gabriel Christie, 15 October 1802 (Abstract)
From: Christie, Gabriel
To: Madison, James

15 October 1802, Havre de Grace. Has received JM’s 9 Oct. letter [not found]. Wishing to write soon to his son in England respecting the appointment, gives information to better enable the president to judge his son’s merits. His son, who is twenty-two, has served as an apprentice to a Philadelphia mercantile house, has sailed to China, and has been taken into partnership by a Madeira merchant resident in London. He will soon depart for Madeira to settle there and only waits in England for information on his application. “Altho I think him fully competent to transact mercantile affairs,… I must beg you to inform the President, that should any other applicant be in his V[i]ew whoes pretentions he may think superior I shall not murmer at his decision. I hope I shall be found amongest the last men in america who wd wish the President to committ himself by making any improper Appointments to gratify his personal Friends. The tongue of calumney which has already been two active in attempting to destroy his Fame would in that case have real matter to proceed upon.” Offers his respects to Mrs. Madison.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Christie”). 3 pp.

   For Christie’s efforts to secure his son Charles a consular appointment, see Christie to JM, 20 Mar., 14 Apr., and 30 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:52–53, 128–29, 605).


Title: To James Madison from William Jarvis, 15 October 1802 (Abstract)
From: Jarvis, William
To: Madison, James

15 October 1802, Lisbon. “Nothing remarkable has occured” since his dispatch of 12 Oct. with its enclosures. Encloses copies of a letter from Gavino and of his own note to the Portuguese government.

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 1). RC 1 p. Enclosures (3 pp.) are copies of Gavino’s 30 Sept. 1802 letter to Jarvis, containing an extract of Simpson to Gavino, 27 Sept. 1802, stating that all the consuls at Tangier had granted passports to the Tripolitan ship at Gibraltar claimed by the emperor, to which Gavino added that the ship was ready to sail; and Jarvis to Almeida, 14 Oct. 1802 (docketed by Wagner as received 6 Jan.), in which Jarvis argued that the flour ban was regrettable as the commerce was advantageous for both countries; that the order, though of benefit to the millers, would do great injury to the rest of the populace, thereby causing the government to rescind the order; and that imported flour was safer than imported wheat as it was less liable to shipping damage and to contamination by “extraneous substance” because of inspection before export. He asked again if the consumption of flour already in the country on 4 Jan. 1803 would be allowed.

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


Title: To James Madison from Willink and Van Staphorst, 15 October 1802 (Abstract)
From: Willink and Van Staphorst
To: Madison, James

15 October 1802, Amsterdam. Acknowledges receipt of JM’s 6 Aug. letter informing the firm of his draft for 20,000 guilders for money paid to them by William Vans Murray, “the same being received on account of the Condemnation of the Wilmington Packet; Your draft is already honored and when paid the Amount will be carried against said account.”

   RC (DNA: RG 59, Letters Received from Bankers). 1 p. Marked “Duplicate.” Docketed by Wagner as received 16 Jan.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:459.


Title: To James Madison from Edward Thornton, 16 October 1802
From: Thornton, Edward
To: Madison, James

Sir,
Washington 16th October 1802.
Towards the latter end of last month, His Majesty’s frigate the Andromache arriving in the Chesapeake, Captain Laurie made an application through the channel of His Majesty’s Consul for Virginia to the Collector of the Customs at Norfolk for the purpose of obtaining a deserter from his Ship, of the name of Sawyer, and a native of Exeter in England, who he discovered was employed on board of the Revenue Cutter of the United States. The Collector, who seemed in the first instance disposed to perform this act of reciprocal justice, of which the Commanders of His Majesty’s Ships gave so many examples during the late war, has since refused to take any part in the surrender of this Seaman to Captain Laurie, alleging in his excuse an act of the State of Virginia (passed the 21st. of January 1801) which inflicts heavy penalties on any citizen of the United States employed in delivering up any person claimed on the behalf of a foreign nation.
I know not by what construction of the federal constitution an officer of the United States, acting under the commission of the general Government, and in a transaction with the authorized agent of a foreign nation, over whom the laws of any single state can have no possible controul, is to conceive himself limited in the exercise of his duties by the provisions of an act passed by the State of Virginia: And this ought still less to be the case in the question of a law, which (as I had the honour of verbally observing to you, Sir, about five months ago) is in its avowed object a direct infraction of the twenty seventh Article of the Treaty of 1794, and which in its collateral tendencies is calculated to defeat every act of reciprocal justice prescribed by public law and by those observances which regulate the intercourse of friendly nations.
I have therefore to beg, Sir, that you will be pleased to transmit such orders to the proper officers of the United States in the port of Norfolk, as will enable them to deliver up the seaman in question to the Commander of His Majesty’s Ship the Andromache or, should he have left the port, to His Majesty’s Consul, until he can be put on board any Ship of war, which may make its appearance in the Chesapeake. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton.

   RC (DNA: RG 59, NFL, Great Britain, vol. 2). Docketed by Brent, “October 26. 1802.”

   For William Sawyer’s case, see Gallatin to JM, 4 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:608 and n. 1).

   The Virginia statute, “An act in addition to the act, intituled ’An act, to amend the Penal Laws of this Commonwealth,[’]” was enacted in response to the surrender of a sailor to British authorities at Norfolk in 1799 (Acts Passed at a General Assembly of the Commonwealth of Virginia [Richmond, 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 1584], p. 39; see also Meriwether Jones to JM, 10 July 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:396 n. 1).

   Article 27 of the Jay treaty provided for the return of individuals charged with murder or forgery by either of the signatories found within the territory of the other (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:263).


Title: To James Madison from John Gavino, 17 October 1802 (Abstract)
From: Gavino, John
To: Madison, James

17 October 1802, Gibraltar. No. 100. Refers to his last dispatch, no. 99 of 3 Oct. “I now agreeable to Consul OBrien of Algiers desire anex you Copy of his Letter to me 2d. Ulto: received this day.” A pass and consular certificates have arrived from the emperor of Morocco for the ship he claims, but the vessel cannot sail as sixteen crew members deserted a few days ago and went to Tangier. The Adams still cruises at the entrance of the bay. Has heard nothing of Commodore Morris since he left Málaga with the convoy. Simpson writes that all is well. The British squadron that left Gibraltar was sighted off Cape Palos heading east.

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 1 p. Docketed by Wagner as received 18 Dec.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:608.

   Gavino apparently enclosed a copy of a letter to him from O’Brien dated 25 Sept. 1802 (DNA: RG 59, CD, Gibraltar, vol. 2; 1 p.), acknowledging receipt on 10 Sept. of Gavino’s 30 July note forwarding JM’s 20 [10] May letter to O’Brien (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:208). O’Brien asked who had given it to Gavino and noted that he had answered JM’s letter “very fully by two different Conveyances.” He also noted that a vessel had arrived from Leghorn on 25 Sept. with news of Cathcart’s appointment to Algiers, occasioning “sort of a Grumbling from the Dey and Ministry,” but promised to do everything in his power to have Cathcart received. O’Brien reported that since 10 Sept. two Tripolitan corsairs had sent three Swedish brigs and twenty-nine seamen into Algiers and that four Portuguese warships had been off Algiers for “these 12 days” but the Algerine corsairs were all in port.

   For the history of the Meshouda, see James Simpson to JM, 19 Mar. and 28 Sept. 1802, and Gavino to JM, 3 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:51 n. 3, 603 and n., 608).

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


Title: To James Madison from Louis-André Pichon, 17 October 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

17 October 1802, Georgetown. Encloses a design of the flag adopted by the Italian Republic. Talleyrand has charged him with acquainting the American government with it and with asking that all civil and military officers at U.S. ports be ordered to extend to vessels sailing under the colors of the Italian Republic the respect and aid befitting a power friendly to France. Asks JM to show this letter to the president.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1); Tr (NHi: Livingston Papers). RC 2 pp.; in French. Tr in French; in Brent’s hand; written on the verso of Tr of JM to Pichon, 18 Oct. 1802.

   Pichon enclosed a small painting of the red, green, and white flag.


Title: From James Madison to Louis-André Pichon, 18 October 1802
From: Madison, James
To: Pichon, Louis-André

Department of State October 18. 1802.
The Secretary of State has communicated to the President the letter from Mr. Pichon of the 17th. Inst., accompanied by a designation of the Flag adopted by the Italian Republic. The Interest which the French Government takes in what is due to this national symbol, and to those who sail under it will strengthen the motives felt by the President, in causing it to be respected by the Officers and within the ports of the United States. The Secretary of State, offers Mr Pichon his respects and his high consideration.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (NHi: Livingston Papers). Tr in Brent’s hand; written on the verso of Tr of Pichon to JM, 17 Oct. 1802.

   JM sent a circular letter to Robert Smith and Albert Gallatin on 26 Oct. 1802 (DNA: RG 59, DL, vol. 14), enclosing copies of this letter, Pichon to JM, 17 Oct. 1802, and a design of the flag of the Italian Republic.


Title: To James Madison from William E. Hũlings, 18 October 1802
From: Hũlings, William E.
To: Madison, James

Sir
New Orleans 18th. October 1802
I have the honour to inclose you an extract from a decree this day published by the Intendant of the Province of Louisiana; by which you will see that the Americans are no longer permitted to deposit their Merchandize in this City.
No information of any other place being appropriated for an American deposit, is yet given; nor have we any reason to hope that Govt. has such a place in View. The season for the Cotton from the Natchez, and other produce from the Settlements higher up, to come down, approaches. The difficulties and risks of property that will fall on the Citizens of the United States, if deprived of their deposit, are incalculable, their Boats being so frail, and so subject to be sunk by storms, that they cannot be converted into floating Stores, to wait the arrival of Sea Vessels to carry away their Cargoes.
The Port is also this day shut against all foreign Commerce, which can only be carried On by Spanish Subjects in Spanish Bottoms. I am Sir, Most respectfully Your Most Obdt. Servt.
Wm. E Hũlings

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1); Tr and Tr of enclosure (DNA: RG 233, President’s Messages, 7A-D1). RC marked “Quadripartite. Original and Duplicate, Via Baltimore. Triplicate Via Natchez.” Docketed by Wagner. Tr and Tr of enclosure forwarded in JM to Jefferson, 21 Dec. 1802, and transmitted to the House of Representatives on 22 Dec. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 39–40).

   Hũlings enclosed an “Extract from a Publication made 16th October 1802 by Juan Ventura Morales” (3 pp.; in Spanish; docketed by Wagner), stating that although article 22 of the 1795 Treaty of San Lorenzo gave Americans the right to deposit their goods only until 1798, he had continued to allow it because of the war. With the signing of the Treaty of Amiens and the restoration of friendship between Spain and Great Britain, he could no longer allow the deposit without the king’s permission. Morales ordered notice of the prohibition posted in every public place so no one could plead ignorance of it. The entire decree was printed in the National Intelligencer, 30 Mar. 1803.

   Although unwieldy, flatboats were usually sturdy enough to carry cargoes of forty to fifty tons down the Ohio and Mississippi Rivers, often from as far north as Pittsburgh, a trip which took six weeks or more (Leland D. Baldwin, The Keelboat Age on Western Waters [Pittsburgh, 1941], pp. 47–49, 58, 67–68).


Title: To James Madison from James Holmes, 18 October 1802 (Abstract)
From: Holmes, James
To: Madison, James

18 October 1802, Belfast. Has received JM’s circulars of July and August 1801 and will pay them every attention. Has been as economical in expending government funds as if they had been his own. “I am of opinion that if the Consuls had in their power to punish in a limited degree Captains or Seamen who might be guilty of misbehaviour and that the former were uniformly on arrival at the Port where a Consul resides obliged to wait on him immediately after arrival with their papers that it might be of use with respect to the Trade of the United States.” Encloses a list [not found] of American ships and cargoes at Belfast from 1 Jan. 1797 to 1 Jan. 1802, “which I have been at some Expense and trouble to collect.”

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

   James Holmes, who received his consular commission in 1796, was born in Ireland and served as consul at Belfast until the end of the War of 1812 (Campbell R. White to Nicholas R. Moore, 20 Feb. 1815 [DNA: RG 59, LAR, 1809–17, filed under “Luke”]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 3:20).

   See JM’s circular letters of 22 July and 1 Aug. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:453, 2:1–4).

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


Title: Memorandum from Thomas Jefferson, ca. 18 October 1802 (Abstract)
From: Jefferson, Thomas
To: Madison, James

Ca. 18 October 1802. Lists commissioners of bankruptcy for Vermont for whom commissions are to be made out, including Samuel Prentiss, Darius Chipman, Richard Skinner, Mark Richards, Reuben Atwater, James Elliott, and Oliver Gallup; “Also a Commission for Robert ⟨Elliott Coc⟩kran to be Marshal of S. Carolina vice Charles B. Cockran resigned.”

   RC (ViU). 1 p. RC torn, partially obscuring the date. Date assigned here by comparison with JM to Mark Richards, 18 Oct. 1802 (see n. 1).

   On 18 Oct. JM wrote to Richards enclosing his commission and informing him of the appointment of the other commissioners of bankruptcy for Vermont (DLC: William C. Bradley Papers; 1 p.). Darius Chipman, a member of the Vermont General Assembly, returned his commission to JM on 6 Dec. 1802, noting that state laws forbade him to hold both federal and state positions (DNA: RG 59, LAR, 1801–9, filed under “Chipman”; 1 p.; Records of the Governor and Council of the State of Vermont, 4:294, 320, 536). James Elliott resigned his commission on 25 Mar. 1803 after his election to the U.S. House of Representatives (DNA: RG 59, LAR, 1801–9, filed under “Elliott”; 1 p.).

   See Charles B. Cochran to JM, 4 Oct. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:609).


Title: To James Madison from Louis-André Pichon, 18 October 1802 (Abstract)
From: Pichon, Louis-André
To: Madison, James

18 October 1802. Presents his respects and returns with thanks the papers JM sent him. “Mr. M. will find the memorials of the board of trade at Bordeaux very interesting.” Informs JM that the frigate Consolante “with 212 negroes” sailed on 13 Oct. from New York and that “the Captain disappointed entirely Some Speculations which had been made on her departure.”

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

   No letter from JM near this date enclosing papers has been found. Pichon may have been referring to three undated notes (ibid.; 2 pp.) between Gallatin and the auditor of the treasury, Richard Harrison. In the first, Gallatin stated that he and JM concurred in Paul Coulon’s claim for funds taken from the proceeds of the sale of the Betty Cathcart for duties due on the cargo of the Aaron. The only questions remaining were whether the accounting officers of the treasury agreed, and if so, whether they could alter the previous settlement. If the auditor disagreed, “the business must be referred to Congress.” Harrison replied that he and the comptroller agreed that accounts that had been recorded and settled could not be altered; therefore, unless Gallatin instructed the collector at Wilmington to return the duties in question, the claim must go before Congress. Gallatin wrote that duties paid into the treasury could not be refunded by the collector at the secretary’s direction, and the only legal mode was that which the auditor rejected—“a repayment as unclaimed merchandize grounded on a statement of those officers.” Coulon resubmitted his claim to Congress on 14 Feb. and 2 Nov. 1803. On 15 Dec. 1803 the House awarded him $6,241.44, and Jefferson signed the bill on 26 Jan. 1804 (Journal of the U.S. House of Representatives, 8th Cong., 1st sess., pp. 84, 207–8, 225, 342, 360–61). For the background of Coulon’s case, see Pichon to JM, 7 Mar. and 29 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:9 and n. 1, 603–4).

   The Consolante was one of three French frigates that had carried black rebel prisoners from Guadeloupe to New York. For the background of the case and the fears of some Americans regarding disposition of the prisoners, see Wade Hampton and Fontaine Maury to JM, 21 Aug. 1802, Daniel Brent to JM, 7 Sept. 1802, and Pichon to JM, 25 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:503, 555–56, 598–99).


Title: From James Madison to James Maury, 18 October 1802
From: Madison, James
To: Maury, James

Letter not found. 18 October 1802. Mentioned in Maury to JM, 25 Feb. 1803. Asks Maury to handle an enclosed letter.


Title: To James Madison from Nathániel Knap, Jr., and Others, 18 October 1802
From: Knap, Nathaniel
To: Madison, James

Letter not found. 18 October 1802. Acknowledged in Daniel Brent to Knap and others, 2 Nov. 1802 (DNA: RG 59, DL, vol. 14). Requests information on the status of U.S. relations with Morocco as the writers are considering sending a vessel there. Brent enclosed newspaper copies “of a circular letter from Consul Simpson giving the substance of the Intelligence that is possessed by this Department with regard to the peace with Morocco.”


Title: Circular Letter to Federal District Attorneys, 19 October 1802
From: Madison, James
To: Federal District Attorneys

Sir,
Department of State. October 19th. 1802.
It being occasionally necessary to answer representations and complaints to this Department on the subject of seamen deserting from foreign vessels within the U. States, the President thinks it proper that the District Attorneys for the United States, should report whether any or what provision may exist in the laws of the ⟨sta⟩tes respectively, by which deserters in such cases may be ⟨restore⟩d. You will please therefore to transmit this information with respect to the laws of the State of Virginia as soon as may be convenient. I am respectfully, sir, Your very Obedt. Servt.
James Madison

   RC, three copies (NNPM: The Gilder Lehrman Collection, on deposit; DeHi; and NjP: Edward Livingston Papers); letterbook copy (DNA: RG 59, DL, vol. 14). Each RC in a clerk’s hand, signed by JM. First RC addressed to Thomas Nelson at Yorktown, Virginia; torn by removal of seal; parts of words in angle brackets supplied from second RC.

   This circular probably originated in response to Edward Thornton’s 16 Oct. 1802 letter to JM.

   The second RC reads “Delaware” here and is addressed to George Read, district attorney for that state. On the verso is an undated draft of Read’s reply, stating that “no provision exists in the laws of the State of Delaware by which Seamen deserting from foreign Vessels within the United States may be restored.” The third RC reads “New York” and is addressed to Edward Livingston, district attorney for that state. On 23 Oct. 1802, Livingston wrote that New York state laws made “no provision … for apprehending or restoring deserters from foreign ships. The Owners or captains are left to their remedy by civil suits on the contract which in most cases gives an inadequate compensation for the injury” (NjP: Edward Livingston Papers; 1 p.).

   A two-page draft of Thomas Nelson’s reply, dated 3 Nov. 1802, is written on the verso of the first RC and cover. Nelson stated that in 1748 the Virginia legislature passed “An Act concerning Seamen,” providing for the apprehension of runaway seamen. In 1779 “An Act for the protection & encouragement of the commerce of nations acknowledging the independence of the United States” was passed, providing for the reception of foreign consuls and declaring that whenever a mariner deserted his ship, his captain had the right to reclaim him with the aid of local justices of the peace, sheriffs, and constables, even though the seaman “may in the mean time have been naturalized in this Commonwealth.” Nelson added that the law had never been repealed, “but a belief seems to have obtained that it has been repealed virtually or in some degree affected by the grant from the State to the general Government of the powers relating to commercial & maritime affairs.” He commented that some justices in the Norfolk area had “frequently secured at the instance of the British Consul, warrants for the apprehending & committing to Gaol deserters from british merchantmen. This was commonly the case until the year 1800 when one of the magistrates became involved in some difficulty by his agency in some case of desertion. Since that time, there is less facility in getting the magistracy to act in such cases.”


Title: To James Madison from Christopher Gore, 20 October 1802
From: Gore, Christopher
To: Madison, James

Sir.
London Oct 20. 1802
Every thing here announces that in the minds of the administration the peace cannot be of long duration. This Government, probably alarmed at what it considered a new evidence of the disposition of France to assume the command of all the Nations of Europe, and apprehensive of her succeeding in another important step towards the attainment of this end, has, it is believed, resolved to resist the interference of the first Consul in the affairs of Switzerland, according to his avowed determination. The extent and manner of this resistance must, however, depend on the concert and alliance of the Great Powers on the Continent. To determine how far these, or either of them, can be depended on for co-operation, to promote and cherish a pre-existing disposition in Austria to resist the Mandates of France, and to induce a combination of efforts with England to attain for Switzerland and the Nations of Europe an independence consistent with their former rank and self-Government, and to convey assurances of support to the Swiss who contend for this right, is believed to be the object of Mr. Moores mission. He is the same Gentleman, who was with Lord Cornwallis at Amiens, and went from this Country about the 11th. instant.
The Emperor of Germany having hitherto, and without support from any other Nation, refused to accede to the plan of Indemnities as dictated by France, and Russia, may be expected to accord with the views of England. A total change in the administration of the Emperor of all the Russias has lately taken place, and the Men, who are now entrusted to direct and guide the affairs of that Kingdom, are expected to pursue a conduct, the reverse of that which has lately been manifested in their Relations to France.
If, therefore, the Diet of Schwitz shall not have submitted on receiving the Proclamation of Bonoparte, and before the disposition of this Cabinet is known there; and it is believed here that it will not—such I think to be the expectation of this Government, although not directly and explicitly declared; or, if the first Consul shall not recede in some degree from his threats against Switzerland, appearances seem to indicate a renewal of the War.
Mr. King is in paris, and will be here within three weeks. The present state of things, however, appeared to me to be such as to require a communication to our Government: for, although nothing certain can be deduced as to the issue of what is now doing or attempting to be done, yet whatever may be the effect, there seems to be a change in the Resolutions of this administration as to the measures necessary on the part of these Kingdoms to secure their own safety and prosperity against the increasing Power of their Rival. And in the present supposed dispositions of the Ministry there appears a general concurrence among People of all ranks, and Parties. Manifestations of such a Temper you will discover in the various news Papers, which are sent by this Conveyance. The True Briton is considered the Government paper: the Morning Chronicle, you well know, has long Spoken the sentiments of opposition, and in the best and most powerful manner. With great Consideration and respect, I have the honour to be, Sir Your most obed & huml
C. Gore

   RC (DNA: RG 59, DD, Great Britain, vol. 10). Docketed by Wagner as received 9 Jan. 1803.

   On 30 Sept. 1802 Napoleon declared to the Swiss his determination to become the “mediator” of their differences, dissolved all revolutionary organizations, and ordered deputies to be sent to Paris to present a plan for restoring “union and tranquillity” to the country, which had been suffering a civil war. On 10 Oct. Hawkesbury sent a note to Louis-Guillaume Otto, the French minister at London, expressing the king’s distress at Napoleon’s proclamation (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:537 n. 1; The Annual Register, or A View of the History, Politics, and Literature, for the Year 1802 [London, 1803], pp. 239, 671–72).

   Francis Moore (1767–1854), brother of the earl of Drogheda, was an official in the Foreign Office who had participated in the negotiations at Amiens. Events proceeded so rapidly that he arrived in Switzerland only in time to assure the Swiss that at least “one nation in Europe” took an active interest in their cause (Charles Ross, ed., Correspondence of Charles, First Marquis Cornwallis [3 vols.; London, 1859], 3:383–84 and n. 2; Annual Register for 1802, pp. 240–41).

   In the 1800 Treaty of Lunéville, Austria agreed to compensate the German princes for the territories on the left bank of the Rhine, which were surrendered to France. The secret Franco-Russian Convention of 10 Oct. 1801 recognized Russian interests in the indemnifications, and in the summer of 1802 Napoleon pressed Alexander I to join him in persuading Francis II to implement the changes (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:113 n. 2; de Clercq, Recueil des traités de la France, 1:474–75; Alan Palmer, Alexander I: Tsar of War and Peace [London, 1974], pp. 64, 71).

   In September 1802 Alexander I had decreed a radical restructuring of the Russian government, creating several new departments and replacing his young foreign minister, Victor Pavlovich Kochubei, with the much older Count Alexander Romanovich Vorontsov. Although both men believed that Russia should avoid becoming entangled in European hostilities, Vorontsov retreated from this position in the face of Napoleon’s military successes following the renewal of the Anglo-French war in 1803 (Palmer, Alexander I, pp. 67–72; Patricia Kennedy Grimsted, The Foreign Ministers of Alexander I: Political Attitudes and the Conduct of Russian Diplomacy, 1801–1825 [Berkeley, Calif., 1969], pp. 85–86, 94–95).


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

Dear Sir.
In Barcelona October 20: 1802
I informed you of my intention to join the Court at Barcelona which I effected after one of the most fatiguing journies I ever experienced. The road from Valencia to Barcelona 250 miles at least of it is beyond all comparison the Worst I ever saw. The whole distance from Madrid here is 500 Miles & being obliged to travel with mules in their slow pace & with an Escort I was 16 days coming. The Court have been since their arrival so much engaged in recieving the Naples Family & exchanging princesses & in ratifying the Marriages of the heirs apparent of both thrones & in the arrival of the King of Etruria & his family that they have not much leisure for Business. I am endeavouring to do all I can in the affairs of our Vessels detained at Monte Video, but some publications which have appeared in our Gazettes in Philadelphia from the agents, & particularly an anonymous letter from Buenos Ayres abusing the Spanish Nation in the grossest terms, have induced the Government to notice it & last night I recieved a letter from the Secretary of State on the subject on which I shall have a conference with him & transmit you the letter with the result. These general letters of abuse against a Nation do no good & only tend to sour & irritate & render our negotiations more tedious & disagreeable. I shall explain to the Secretary the Nature of our Government as it respects the Press & the Mode of Redress for libellous publications & I trust easily remove the idea of our Governments tolerating such things. All your late dispatches are just recieved, & will be attended to. We go from hence to Valencia some time in November, but I do not yet know when they will return to Madrid. Mr Codman I suppose will soon deliver you the Convention & my dispatches & I find many more cases here which will be included. I expect to Write you again in a few days & I remain With my best respects & most affectionate good Wishes to the President Dear Sir Yours Truly
Charles Pinckney

   RC (DNA: RG 59, DD, Spain, vol. 6). Docketed by Wagner as received 19 Jan. 1803.

   Although several letters were published in the Philadelphia press regarding the situation of the American ships held at Montevideo, Pinckney probably referred to a 17 Apr. letter printed in the 15 July Philadelphia Gazette. The anonymous correspondent described the Spaniards at the Río de la Plata as indolent villains who spent one-third of the day sleeping, one-third eating, and the remainder “smoaking, or in sucking a decoction of the herb Paraguay, through a tube.” For similar comments, see the Philadelphia Gazette, 24 July 1802, and the Philadelphia Aurora General Advertiser, 27 and 28 July and 2 Aug. 1802.


Title: To James Madison from William Kirkpatrick, 20 October 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

20 October 1802, Málaga. Encloses a duplicate of his 10 Sept. dispatch. Transmits a packet for JM received 19 Oct. from Richard O’Brien and a copy of O’Brien’s 2 Oct. letter to him for JM’s information. “The Tripoline, now Moorish Cruizer,… was compleatly provided with Certificates from the different Consuls residing in the Emperor’s dominions belonging to him and only waited for some Seamen from Tetuan to proceed.” The frigate Adams, Captain Campbell, continues at its station. “This City, and its Environs have been remarkably healthy this Season.” No contagious diseases prevail, and all U.S. ships with bills of health certified by Spanish consuls “in the District they proceed from” have been immediately admitted to pratique. “Five Sail of British Men of War passed by here on their way up the Mediterranean ten days ago with Six months’ Provisions on board, their destination is not Known even at Gibraltar where they proceeded from, some Surmise they are destined for Algiers to settle differences with the Dey.”

   RC and enclosure (DNA: RG 59, CD, Málaga, vol. 1). RC 2 pp. For enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:567.

   Kirkpatrick enclosed a copy of O’Brien to Kirkpatrick, 2 Oct. 1802 (1 p.), stating that the Algerine government had heard of Cathcart’s appointment as consul to Algiers and that it appeared the dey would reject Cathcart. He noted that four Portuguese warships had been cruising off Algiers for over two weeks but had left four days earlier as the dey’s corsairs were all in port. From 10 to 20 Sept. the Tripolitans had sent three Swedish brigs and twenty-nine seamen into Algiers. The Algerine government was seriously inquiring about the arrival of the U.S. storeship. O’Brien asked Kirkpatrick to send a copy of the letter to JM.

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


Title: From James Madison to William Short, 21 October 1802
From: Madison, James
To: Short, William

Department of State October 21st. 1802.
The Secretary of state presents his compliments to Mr. Short, and informs him, in answer to his note of the 19th. Inst. that the vouchers to which he alludes are already at the Auditors Office, and that this Department will cheerfully do all that is in its power, towards the putting of Mr. Shorts accounts into a train of settlement.

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

   Letter not found.

   Expatriate and former diplomat William Short had returned to the U.S. after more than seventeen years abroad to visit friends and relatives and to supervise his financial affairs (George Green Shackelford, Jefferson’s Adoptive Son: The Life of William Short, 1759–1848 [Lexington, Ky., 1993], p. 133). Short’s accounts included charges for salary and expenses as Jefferson’s secretary in France and as chargé d’affaires and minister at Versailles, Paris, The Hague, and Madrid, 1785–96 (DNA: RG 217, First Auditor’s Accounts, nos. 13,936–38). His final account on the treasury books amounted to $10,416.39 (ibid., no. 13,961).


Title: To James Madison from Colin and James Ross, 21 October 1802
From: Ross, Colin,Ross, James
To: Madison, James

Sir
Fredericksburg 21st Oct 1802
We are favor’d with yours of the 16th. inst. and if you will ship your Richmond Tobo to our CRs. address we will advance Ten Pounds Stg. p. Hhd. either in Bills or money, perhaps if so small a sum is wanted by Government the first will answer but for exchange is above par & to make it conformable to the mode adapted by the Bank shall get one of our neighbors to endorse the bill.
Yesterday had advice of the arrival of a large shipment made last summer to London which sold well by manifest. We are now loading two Brigs one for London & the other to Liverpool so that you can have your Tobo. ship’d to either port. If you conclude to ship please send us the Notes or an order for them—and we remain very respectfully Sir Your Mo Ob Servts.
Colin & James Ross

   RC (DLC).

   Letter not found.

   The Fredericksburg firm of Colin and James Ross had advertised for consignments of tobacco or flour for shipment to Liverpool on the Eliza, offering to make advances in bills of exchange or cash (Fredericksburg Va. Herald, 12 and 26 Oct. 1802).