Title: To James Madison from William Duane, 3 August 1803
From: Duane, William
To: Madison, James

Sir,
Philadelphia, Aug. 3d. 1803
In consequence of a conversation with a member of Congress who lately left Washington, I am induced to take the liberty of addressing you, to request, (if you judge it proper) a copy of Lord Hawsbury’s [sic] answer to Mr Kings note concerning Louisiana. I feel very often the extreme want of some leading information, upon which I could rely in rebutting the incessant attacks of the papers adverse to the government; I believe this inconvenience to be very generally felt among the republican prints. If any mode could be adopted by which some of the papers, to which the public look for correct information and vigorous discussion, could be made acquainted occasionally with such facts as may not be improper to be known, the effect on the public mind I am persuaded would be beneficial, and the mortification and uncertainty in which Editors who are attached to the principles of the Government and its administration would be rendered less painful. I know that so far as it concerns my self, I feel my situation much more irksome and discouraging as an Editor than when my life was in hourly danger and my only source of information was from the blunders or the audacity of those who were in power.
I hope, Sir, you will excuse this liberty on account of the motive. I am, with great respect Sir, Your obedt Sert
Wm Duane Editor of Aurora

   RC (DLC). Docketed by JM.

   For Rufus King to Hawkesbury, 15 May 1803, announcing the signing of the Louisiana treaty, and for Hawkesbury to King, 19 May 1803, expressing pleasure at the acquisition of the territory by the U.S., see King, Life and Correspondence of Rufus King, 4:262–63.


Title: To James Madison from George Joy, 3 August 1803
From: Joy, George
To: Madison, James

Dear Sir,
London 3rd. August 1803
The reasons assigned in your favor of the 12th. June for displacing Mr. Williams, abstractedly taken, are sufficient. The Evidence I apprehend to be ex parte, and could he have been heard I doubt not he would have justified himself to your satisfaction and that of the President. The 2 years blank in the Correspondence, I take it for granted, were those in which the Commission was suspended; and if enquired into I doubt not I should find either that he had written to say his reports would be discontinued; which would have been most regular; or that he was so instructed by the Commissioners, or Minister here, or, at worst, that knowing the Government to be advised of the suspension he conceived it futile. I shall know the particulars some day at a tête à tête dinner; for I have yet said nothing to him on the subject (which is a thing of some delicacy) neither does he know to this hour that I ever wrote you about it. It is matter of regret for the Country; and I trust the President feels it to be so, that both sides cannot always be heard; and if he govern himself by fixed Rules, according to the best Evidence he can obtain, without leaning to Party, it is all that can be expected. Mr: Williams has not lost the Confidence of Individuals, however; of the sums lately paid £110,000 Stlg came into his hands—he recd before, I think, abot: £70,000., and I do assure you there is not a Man in London that would be less suspected by those who know him, of the improper detention of property or of irregular Correspondence. But let that subject pass. I should not have made such immediate Reply to your letter if this had been the only subject; nor should I have taken up your time ⟨with?⟩ any Remarks on the strong Corroboration of the opinion I had suggested of the Principles that should govern in the Choice of public Officers; tho’ I cannot but be gratified to find them enforced by the important observation on your part; that “the struggle in electing the cheif Magistrate, too apt to be violent, should not be rendered convulsive by the destiny of the public offices hanging on the Event.” And I must agree with you, en passant, that nothing can be more obvious than the necessity of a cordial Co-operation, on the part of a public functionary, with the cheif Magistrate; but this depends more on the moral Character of the Man than on his political principles. If Mr. Adams, as I have been informed, said to Mr: Pickering, in his Controversy with him, “you are accountable to me, and I to the people,” Mr: Adams was undoubtedly right; and did himself more Credit than at the time when his serene highness was in a Passion. No officer can be justified in deviating from the Orders of the President where they are positive, or in using a discretionary authority otherwise than he supposes the President would have him use it, under all the Circumstances of the Case, if he were personally present; and a Man of Character, convinced of this, will not surely suffer any political Bias to divert him from so unequivocal a Duty. You are aware how common a thing it is here to employ opposition men, and how obsequiously they follow their Orders. You don’t find that Lord St: Vincent fought the worse for being of this description, and in the Execution of the Order of the 6th. Novr: Sir John Jervis was par nobile with the administration that issued it.
But the Circumstance that induces this early Reply is an Alarm I have taken at certain Expressions at the Close of your letter. I am glad to find, indeed, that the Balance of Power, which has been long lost in Europe, has found it’s way to America. We were all wondering what had become of it; long may it remain there; and very distant be the day when the U. S. shall be contaminated by mixing in either scale of European Politics. I do not, indeed, believe that the existing Governments of France or England have an adequate Idea of the Importance of the U.S. but I had rather they should discover that she can make either of their scales preponderate thro’ any other avenue than that of Experiment. Too much Caution can never be taken to keep out of the Vortex—the unfathomable Vortex in wch the affairs of Europe are involved; and the Office of Mediator between parties so high mettled, perform it how you will, is most dangerous. The probable Consequence of such an Effort on our part would be insult from the dissatisfied party (which one of the two would be sure to become) and are we prepared to repel it? In other words—is the Object such as should induce us to hazard this Consequence? If ever Rousseau’s first principle of Ethics applied to a Nation it applies to the U.S. at this Moment. Keep out of the way of temptation—Avarice, indeed, would find no Enticement to War; but if the national pride catch fire who shall say where the flames will stop. Perhaps too the Offer might be rejected in the first instance. Mene, Mene, Tekel, Upharsin. I don’t know that our Country would be divided among the Medes and Persians; but it would be a sad mortification if we were weighed in the Balance and found wanting. Strong and powerful indeed are the inducements to a great and good Man to stay the hand of the destroying Angel. To avert the Calamities of War is to acquire a just title to Glory. There is something radically wrong in this thing called Glory, which exhibits itself to the Eye of Intemperance under the same Aspect whether lighted by a Torch from the infernal Regions or from the purest ethereal flame—the Motive is lost in the Ebloni. To the Peacemaker, however, actuated by motives of humanity, the World is indebted upon solid grounds—“le bienfaisant charme et lui seul est aimé.” But in the pursuit of Glory, however various the Motive, there is something of the same Character—instead of that deliberate attention which foresees Effects and provides against Accidents, men not only make a hop, skip and Jump; but frequently take a flying leap or somerset to the evident danger of their necks and the miscarriage of their objects. Such is the impulse of Passion, whatever the Aim; and the Chymist that should discover a Medium to unite the two opposite Characters of phlegmatic deliberation and prompt and zealous action, would deserve more of the world than he that should discover the Philosopher’s stone; provided always that anything of a malignant nature be precipitated in the Process. In such a case as this, instead of the crafty intrigue that emanates from one of those Characters, and the heedless Magnanimity that exposes the other to destruction; we should find men wise as serpents and harmless as doves. But it is a Misfortune, that can never be too deeply lamented, that the most benevolent dictates of the heart are as likely to be overset as the intemperate suggestions of the baser Passions; unless ballasted by that cautionary system that so rarely accompanies a generous disposition.
Dr: Price, who so well understood the Rights of Man, or the nature of civil liberty, in developing the Energies of his soul, forgot what stuff the world of life was made of. Considering Man as he ought to be, not as he is, he presumed on an Affinity in the human mind with the benevolence that he found in his own; whereas, in the great bulk of mankind, there is nothing that could mix much less incorporate with sentiments so pure. “What a glorious work” says the Doctor “is going on there” (in france)—and no doubt he thought so. He thought a people, taught to know their rights, would neither forget nor surrender them; that having been informed by our Declaration of Independence that all Men are born equal they eagerly grasped an Idea that raised them to the Niveau from whence they had fallen; and determined to transfer their veneration from Birth to Virtue; and in thinking so he made the Apology of little folks who thought as much. But the Doctor and we little folk were mistaking more in the fact than the Conclusion—our sovereign Lord the People knew nothing of the matter—there was not one in a thousand of them that knew a Bill of Rights from a Cabbage Plant. The Philosophers, who could more easily calculate the Progress of light, from the most remote of the fixed Stars to the Earth, than the time it would occupy to illuminate such an opaque Body; determined to give them freedom first, and make them fit for it afterwards; inverting the Order of things. They too forgot the Stuff that Man was made of—they had never heard the homely proverb that while the Pot boils the scum rises; nor dreamed of Jacobins whose Love of liberty, being only an impatience of Controul, and equally averse from democratic as from despotic Restraint, sought only the Lead, and then “The People have nothing to do with the Laws but to obey them.” Now God forbid that I should disparage the Motives of these good men or discourage the Efforts that may be made to meliorate the situation of Mankind. I am still Infidel to the doctrine of Otas parentum, pejor Avis, tulit Nos nequiores. Semper idem does not mean worse and worse. Nor am I for standing still—for if this doctrine had obtained, even in the Augustan Age, we should have been without a shirt to our backs, or a Glass to drink out of—two very comfortable things. But in deciding on the measures to be adopted for the benefit of the people I am for making the Estimate upon the Evidence of Facts whether found in the history of the human race or of the human mind. I am aware of the situation of America rendering many maxims inapplicable to her that influence the Politics of other Countries, as Mr: Jefferson has somewhere remarked; and I thank God it is so; I think the great Mass of the People, too, better calculated to live under a free Government, than the great Mass of any other People; but I do not find them exempt from the dangers to which the Passions of men have exposed them in all Ages. There was a Body, that fell into the hands of the Anatomists here some years ago, in which the Contents of the Thorax were completely transposed—in the division of the Lungs the greater number of Lobes was found on the left side of the Mediastinum and the lesser on the right; the anterior and posterior ventricles of the Heart had changed places; and it’s Apex pointed to the right; the Blood Vessels took order accordingly; and the whole Machine was a regular peice of irregularity. The Gentlemen of the knife, who are at all times as eager as a shark for a dead Body; were of course upon the qui vive on such an occasion as this. The Resurrection men were employed to angle in the same Cemetary, and great Efforts were made to discover a family of the transverse thoracic Region. This underground business is generally performed in the dark; and they did not succeed. Tant pis—since it is probable they may have differed in other Respects from the general progeny of Matt: Prior’s ancestors, and successful Experiments of perfectibility might have been tried upon them. But while the Lungs respire in the ordinary way, and under the ordinary modification and division; and especially while the Heart beats to the left—slow, very slow I fear, will be the progress of the human Race to the perfection of Angels. Now to apply all this to the Impropriety of intermeddling with the Concerns of Europe—“shall be the subject of a future discourse.” I shall also defer what I have to say of my views towards Spain.
“What interests ourself shall last be serv’d”
but I cover a letter that Mr: Monroe was so good to bring me from Genl: Lafayette; whose Misfortunes make him interesting to all the world; and who ought not to be forgotten by America under any Circumstances. Who he means by “our excellent friend Parker” I don’t know; but if it be the notorious Daniel Parker (who can decieve the very elect) he has been apparently nearer paying the Debt of Nature than he ever was to the payment of any other public or private. In great truth I rest, very respectfully Dear Sir, Your friend & Servt.
Geo. Joy

   RC and enclosure (DLC). RC postmarked New York, 25 Oct.; docketed by JM: “Joy George 3. Augt. 1803 Lafayettes’ letter to him.” For enclosure, see n. 11.

   Letter not found. For Samuel Williams’s dismissal, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:357–58.

   The order in council of 6 Nov. 1793 instructed British warships to “stop and detain all ships laden with goods the produce of any colony belonging to France, or carrying provisions or other supplies for the use of any such colony,” and led to the wholesale seizure of American ships in the West Indies (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:430; Ketcham, James Madison, p. 351).

   Par nobile fratrum: two associates exactly suited to each other.

   Dan. 5:25.

   Joy quoted the second line of this couplet from Voltaire’s “Epistle in Answer to a Letter with Which, upon His Accession to the Throne, the King of Prussia Honored the Author”: “The conqueror’s dreaded, and esteemed the sage, / But benefactors every heart engage” (The Works of Voltaire: A Contemporary Version, trans. William F. Fleming [22 vols.; New York, 1901], vol. 10, pt. 2, p. 252).

   Richard Price (1723–91) was an English moral and political philosopher and dissenting clergyman whose controversial sermon “A Discourse on the Love of Our Country,” delivered 4 Nov. 1789, promoted political reform in Great Britain and applauded the French Revolution (PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 6:131 n. 9; Carl B. Cone, Torchbearer of Freedom: The Influence of Richard Price on Eighteenth Century Thought [Lexington, Ky., 1952], pp. 179–83).

   “Our parents’ era, worse than the one before, produced our own more wicked selves” (Horace, Odes 3.6.46, in The Complete Works of Horace, trans. Charles E. Passage [New York, 1983], p. 221).

   “Always the same.”

   Matthew Prior (1664–1721) was an English poet and diplomat.

   The enclosure is Lafayette to George Joy, 3 July 1803 (2 pp.), reporting the former’s healing fracture and expressing his sympathy for their friend Russell in his claims against Spain.


Title: To James Madison from Tobias Lear, 3 August 1803
From: Lear, Tobias
To: Madison, James

Sir,
Boston, August 3d: 1803.
On my return from Portsmouth last evening, I had the satisfaction of finding here, your letter of Instructions under date of July 14th, enclosing letters from the President of the United States to the Dey of Algiers, the Bey of Tunis, and Bashaw of Tripoli; together with four new Mediterranean Passports, and two hundred tops of this Passport; also your respected favor of the 27th of July, together with a letter from the Department of State, written by Mr. Wagner, on the 26 of July, and another covering two sets of Cyphers for Mr. Cathcart and myself. At the same time I received a letter from the Treasurer of the United States, dated 22nd July, enclosing a check on the Branch Bank at this place, for forty three thousand dollars, which I have deposited, and shall take it out in Doubloons before the Ship sails. While mentioning this, I will just observe, that, in the close of the Instructions, you state, that I shall “be supplied with 47.000 dollars for the objects stated in the enclosed estimate.” I presume 43.000 was meant, as that sum, added to 54.000 sent to Mr. OBrien & Mr. Cathcart, makes 97.000, the amount stated in the estimate.
As you have permitted me either to draw for half a years salary; or take it out of the 43.000 dollars sent me, I shall, most probably, do the latter, unless I find a ready opporty of receivg Cash for the draft before the Ship sails. In that case I shall draw for fifteen hundred dollars only, as I have given a power to Captn. George Long, of Portsmouth, N. H, to draw five hundred dollars per Annum from my salary to defray the expences of my son’s education &c.
Flattered as I am by the high trust and confidence reposed in me by the President of the United States, and satisfied with the arrangements & Allowances made respecting myself; it will be the first wish of my heart to see our affairs on the Coast of Barbary placed on a footing honorable and advantageous to the United States, and my ardent exertions shall not be wanting to effect so desireable an object. The several Parts of your Instructions shall be particularly attended to, and it will afford me peculiar satisfaction to receive, from time to time, such further Orders as the state of our Affairs; or the ideas of the Executive may make it proper to send me.
The rains which fell last week have retarded the equipment of the Ship a few days beyond what was expected; but Captn. Preble assures me he shall be ready to sail by the 7th. inst. The season of the year, and the Character of the Ship as a fast sailer, promise us a pleasant & short passage. With sentiments of the highest respect, and most sincere attachment, I have the honor to be Sir, Your most Obedient Servt
Tobias Lear

   RC (DNA: RG 59, CD, Algiers, vol. 6); Tr and enclosure (owned by Stephen Decatur, Garden City, N.Y., 1961). For surviving enclosure, see n. 5.

   Letter not found, but it was presumably a response to Mustafa Dey to Jefferson, 17 Oct. 1802 (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:18 n. 2).

   Letter not found, but this was possibly a copy of Jefferson’s 14 Apr. 1803 letter to Hammuda Bey (see JM to Cathcart, 9 Apr. 1803 [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:494–95, 496 n. 4]).

   Letter not found.

   Letter not found.

   Lear enclosed a copy of his letter to Thomas Tudor Tucker, 3 Aug. 1803, acknowledging receipt of the treasury draft for $43,000 (1 p.).

   Wagner placed an asterisk here and wrote in the bottom margin: “*47,000 was inserted in the instructions by mistake: the estimate alluded to made it no more than 43,000 J.W.”

   Wagner drew a warrant on the treasury for $500 in favor of George Long on 5 Sept. 1803, according to Lear’s power of attorney (DNA: RG 59, DL, vol. 14).


Title: To James Madison from William Lee, 3 August 1803 (Abstract)
From: Lee, William
To: Madison, James

3 August 1803, Bordeaux. “The annexed is a copy of my last pr the Mary carrying your wine which I hope has by this time arrived. My partner Mr Perrot tells me that the wine was of the first quality particularly the Barsac which came from his own estate. I have drawn on you this day at thirty days sight for 645 francs in favor of Wm Booth which please to accept & pay.”

   RC and enclosure (DLC). RC 1 p.; written on verso of a copy of Lee to JM, 4 July 1803; docketed by Wagner “(Private)” and as received 22 Sept. Enclosure is a bill of lading for thirteen cases of wine (1 p.).


Title: From James Madison to Thomas Newton, Jr., 5 [August] 1803
From: Madison, James
To: Newton, Thomas, Jr.

Dear Sir
Washington July [August] 5. 1803
I this day recd your favor inclosing the deposition of the impressed Seaman. Being on the point of setting out for my farm, I had just time to state the case to Mr Thornton, whose interposition I hope will not be declined, nor be ineffectual in procuring the discharge of the seaman detained on board the Boston. Capt. Douglas has been represented as a […] officer & respectable man; but his outrage some time ago on our jurisdiction, with this additional irregularity speak a different language. To impress our seamen on the high seas, or indeed any persons from under our flag, not enemies in a military character, is agst. our natl. rights and has been acknowledged to be wrong by Lord St. Vincents. To impress them under the circumstances of the present case is abominable. How can Ships of war expect to enjoy the hospitality of our ports if they make it subservient to the cruising agst. our commerce & seamen? It is sincerely our desire & our interest to live in friendship and free intercourse with G. B. but it is not less her interest & duty to respect our rights. We hope she will do so, and readily distinguish between the ignorance or the violence of her naval commanders, and her disposition and purposes towards us. Still it may be reasonably expected that if her officers are not inclined to do right, she will keep them from doing wrong.
I thank you for your offer to procure me the fine cyder for the winter. 7 or 8 barrels will be acceptable. The remittance to the Presidt. havg been spoilt with water on the passage it will not be a superfluous precaution to have them cased. Please to address them to the care of Lewis Deblois Alexanda. I shall have occasion for a little Madeira also for the winter. If your father can procure me a pipe or rather half pipe of the sort he sent me to this place, and particularly if he can procure it of the same batch with the pipe sent, which must now be abt. 5 years old, I will thank him to do so drawing on me at 90 days sight. I have some of the first pipe remaining, and prefer it to the Brazil wine. Tho’ not so good for immediate use, I find it improves much more by time. A line of information on these points will find me near Orange Ct. House, till the latter end of Sept. I have been detained here longer than I wished first by business, then by breaking down just as we had started, and lastly by rainy weather. I mean to set out certainly tomorrow morning. With my compliments to your father, Very respectfully I am Dr. Sir Yr Ob. st.
James Madison

   RC (ViU). Torn. Conjectural date assigned here on the basis of internal evidence.

   Newton to JM, 30 July 1803.

   JM to Edward Thornton, 5 Aug. 1803.

   See Thornton to JM, 6 June 1803.

   For the arrangement King made with Lord St. Vincent, see King to JM, ca. 20 July 1803.


Title: To James Madison from Stephen Girard, 5 August 1803
From: Girard, Stephen
To: Madison, James

Sir
Philadelphia 5th. August 1803
Being informed that the debts due by the French Government to individual Citizens of the United States, are to be liquidated in France, and having long ago deposited in your office the documents &c. relative to my french claim, accompanied with my memorial respecting the same. I take the liberty to request, that you will be so obliging as to let me know, where, and in what manner I am to apply for the adjustment and settlement of said claim. Permit me to avail myself of this opportunity to solicit your kind interference, so no unnecessary delay will deprive me any longer of my property. I am with respect
S. G.

   Letterbook copy (PPGi: Girard Papers).

   For Girard’s claims, see his letter to JM, 11 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 3:22).


Title: To James Madison from William Lee, 6 August 1803 (Abstract)
From: Lee, William
To: Madison, James

6 August 1803, Bordeaux. Refers JM to his last letter of 27 June. The sixty American sailors he had arrested for signing on with French privateers have been “distributed among the American Vessels” after being detained several days. Encloses a list of the sixteen sailors who had “actually engaged” on board the Blonde and been paid advances. These men are still confined, as he has paid “considerable sums for them which they must refund,” but “as American sailors are wanted for the Vessels that have been purchased by our Citizens,” he will have “no difficulty in getting re-imbursed.” Would have liked to send these men home for trial at the expense of the U.S., but Livingston “thought otherwise,” as JM will observe by the enclosed copy of a letter of 27 June from Livingston to Lee. “I did not like to act in direct oposition to his opinion especially as this measure of mine was considered here by my wandering Countrymen as a very high handed one.” Believes however “that Government will think otherwise and the efficacy of the measure has already been sufficiently felt to prove it was judicious.”
Livingston’s “observations respecting my expenditures on acct. of the United States contained in his letter of 27 June has given me much uneasiness:… had he known the situation and extent of our Commerce at this port they would not have escaped him.” Explains that “the number of American Vessels which have been sold here amount to more than have entered at all the ports of the Republic (Havre excepted).” A total of 258 ships have reported to his office during his residence in Bordeaux, “upwards of three hundred” if one includes “those that have discharged their crews at the mouth of the river and entered as French Vessels to avoid the discriminating duty.” Has reported “from time to time … the evils arising to our Commerce from this improper discharge of seamen in foreign ports.” Hopes the president will “be convinced that the public service demanded those heavy disbursements.”
Encloses a list of American vessels which have entered Bordeaux to 30 June, as well as his accounts and vouchers, “on which there appears to be due the United States Augt. 6. 1803 the sum of eight hundred and sixty two livres sixteen sous.”
His health is “extremely feeble”; is convinced he has “not many months to tarry here.” “I have adjusted all my affairs and however reluctantly I may quit my family and brilliant prospects still I feel a peculiar satisfaction in having done my duty and acted honourably in all the scenes I have passed through.”

   RC and enclosures (DNA: RG 59, CD, Bordeaux, vol. 1). RC 7 pp.; marked “duplicate / Original pr Columbus Macey”; docketed by Wagner as received 7 Jan. 1803 [1804]. For surviving enclosures, see nn. 2 and 3.

   Lee referred to his last public letter to JM; he wrote JM privately on 4 July and 3 Aug. 1803.

   Enclosed is a list of crew members from the Blonde, dated 26 Prairial an XI (15 June 1803), to whom a total of Fr 2,400 had been advanced by the captain of that ship (2 pp.).

   Lee enclosed a copy of Livingston to Lee, 27 June 1803 (2 pp.; docketed by Wagner), in which Livingston approved of Lee’s conduct in preventing Americans from serving on French privateers but instructed him not to send the seamen to the U.S. as prisoners. Livingston also noted that Lee’s expenses at Bordeaux “run so high as to exceed all those of France & Holland taken together,” and he was fearful that Lee’s accounts would “cause great dissatisfaction at home when they are examined.” Filed with this letter is a copy of Lee to Livingston, 18 June 1803 (2 pp.), requesting instructions as to the crew of the Blonde as well as a cash advance for the support of U.S. seamen.

   Enclosures not found.

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


Title: To James Madison from William Willis, 6 August 1803 (Abstract)
From: Willis, William
To: Madison, James

6 August 1803, Barcelona. Has just learned “that an English master of a Vessell here has a Set of American Papers.” Will try to acquire them and find out where the captain got them if the report is true. Suspects “the English Vice-Consul who is a Catalan, may have furnish’d” them, or “he may have got them from Mills, as he is very intimate with him.” Will apply to the authorities “on monday … to Have the English Captain Examined.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 1 p.; unsigned; marked “Duplicate.”

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


Title: To James Madison from John Dawson, 7 August 1803
From: Dawson, John
To: Madison, James

Dear Sir,
N. York August 7th. 1803.
I am favourd with your letter of the 31. ulto, for which I thank you.
I find that efforts are making in the eastern states and in N. Jersey to form an opposition to the ratification of the convention with France—the ground taken is, that it will be impolitic to give 15 million of dollars, for that which will prove injurious to those states, by withdrawing their inhabitants and thusly giving strength to the southern interest already too strong—this reasoning however falacious and conconsistant [sic] is calculated to excite local prejudices and must be guarded against.
Mr. Edward Livingston has just been with me—at his request I mention to you his wish to go to New Orleans when that business is arrang’d—I ought not here to omit, that it is a point to which I had turnd my attention, but deemd it improper to say any thing untill all matters were settled.
The yellow fever which made its appearance here, has subsided. With real regard Yr friend & servt
J Dawson

   RC (DNA: RG 59, LAR, 1801–9, filed under “Dawson”). Docketed by Jefferson.

   Letter not found.


Title: To James Madison from Thomas Jefferson, 8 August 1803
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 8. 03.
If M. Dalbarton be really Jerome Bonaparte, he will have satisfied thereof the minister of his nation, thro’ whom we shall be apprised of the fact, and relieved from all trouble in deciding on it. This may yet be done, perhaps just as a frigate is ready to sail, and accompanied with a request of a passage in her; when no time will be left for consultation. Our duty to our constituents would require us to lose no occasion of conferring obligation on the first Consul of France personally, and of procuring by just attentions the advantages of his good will to them. The same duties require us equally to give no just offence to the other belligerent party, & that we should not expose our flag to the humiliation of having a frigate searched by superior power, the search proved rightful by it’s result, and ourselves placed in the wrong. We should therefore be prepared with an answer, yea or nay, should the application be made in proper form, for which reason I ask the favor of yourself, as well as of the other gentlemen of the administration, to advise me as to the answer to be given. I presume there is little time left for it.
I return you mr. Dawson’s letter of July 29. 1803. Mr. Pichon’s papers in the case of Cloupet await the information you expect from the Collector of Norfolk. Accept my affectionate salutations and unvarying esteem & attachment
Th: Jefferson

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

   For the case of Captain Cloupet, see Pichon to JM, 26 July 1803.


Title: To James Madison from John B. Prevost, 8 August 1803
From: Prevost, John B.
To: Madison, James

D Sir
New York August 8. 1803.
The success of our friend Mr Munroe in the late popular negociation has determined many of our Citizens to become inhabitants of the new territory and peculiar circumstances induce me also to think of a change of residence provided an appointment could be obtained not less honorable than the one I at present hold. I have therefore taken the liberty to mention the subject to you and if it should not interfere with other views and determinations must solicit you to communicate my wishes to the President. No doubt a variety of applications will be made on this occasion and most probably by many to whom a preference ought to be given in which case I hope I need not assure you that my zeal in the support of the present administration will not be diminished. Be good enough to present my respects to Mrs. Madison and to accept the assurance of my high respect and sincere regard. I am sir Your Most Obed H sert
J B Prevost

   RC (DNA: RG 59, LAR, 1801–9, filed under “Prevost”). Docketed by Jefferson.

   Prevost was recorder of New York City; he was appointed a judge of the superior court of the Orleans Territory in 1804 (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 1:504 n. 3; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 1:14 n. 4).


Title: To James Madison from Richard Hughes, ca. 8 August 1803 (Abstract)
From: Hughes, Richard
To: Madison, James

Ca. 8 August 1803. “As the Citizens of the United States support their Government their Government is bound in my opinion to protect their rights and Properties when Concerned in Just & Laudible undertakings and on that Accot. I now have the Honor of addressing you.
“In June 1802 I sold in Cadiz an American Brig & Cargo Consisting of German Linens & Steel for which I received in payment Twelve Promissary Notes at Nine Months date for Forty five Thousand Spanish Milled Dollars Drawn by Torre Hermannos in favor of Estevan Balleras & Co. and by them Endorsed to me. On those Notes becoming due they were Protested for non Payment and on application to the Drawers they Answered his Majesty had granted them a Royal License allowing them Ten Years to pay their Debts & that they wd: not pay those Notes. Then on application to the Endorsers Balleras & Co. they Answered the Governor of Cadiz had Liberated them from paying their Endorsement on those Notes and that they would not pay them. This Extraordinary Answer was follow’d by an order issued out by the Governor the same day and Delivered to all the Public Lawyers Judges & Tribunals of Cadiz not at the Peril to attempt any Suit at Law for the recovery of those Twelve Promissary Notes.
“I then applied to Lawyers to take up this Bussiness but, on Accot of the Governors order they Possitively refused acting and the Consulado of Cadiz refused also as far as Silence for Three Months without taking up or hearing the Cause at last one of the Judges told my Agent that the Judges had determined not to act in it untill I got orders from Madrid to that Effect, but this however they would not give in writing. Finding I could get no redress in Cadiz I came to Madrid & presented Mr Pinckney our Minister a Memol. on the Subject a Copy of which is herein Enclosed for your Perusal. This Memorial Mr Pinckney presented to Don Pedro Cevallos Secy of State with a Letter from himself stating to the Spanish Minister that the Governor of Cadiz’s order Shuting the Courts of Justice against me was an infringement of our Treaty of Commerce & hoped he would take this matter into Consideration & grant an order for the Consulado of Cadiz to be opened to me for the Recovery of my Property from at least the Endorsers. This Letter was delivered to the Spanish Minr. the 10th. and the 25th Inst. after Mr Pinckney applied in person for an Answer when he was informed my Bussiness was under Consideration and would have as Speedy an Answer as Possible. Now Sir this Answer of the Spanish Minister is no more than a modest way of declining giving a direct Answer to our Ministers representation for the fact is the Merchants in Cadiz who owe me the money have Secured to themselves the Interest of those Men at the Head of the Spanish Govt. and without a further Support from the American Govt. on my Side my friends in Boston & myself must loose our Property. The Govt. here will never grant the Priveledge to Sue those Men on a Simple Request from our Minister something further will be needfull to be done before I can have redress it would be necessary for Mr. Pinckney to have it in his power to say to the Spanish Minr. ‘Mr. Hughes not finding a probabillity of having Justice Speedily done to him in his Cause has applied to the Head of his own Govt. for Protection & I now have the Honor to inform you that the Opinion of my Govt. is, That they look on the Murratoria of the King & the order of the Govr. of Cadiz as far as it respects the Property of American Citizens with the greatest Anxiety as the same being a direct Violation of our Treaty of Commerce and as the Courts of Justice are the only Safeguard for the property of American Citizens when Illegally detained in the Hands of Individuals in Spain, the Govt. of the U.S. hopes after this Representation no further impidiment will take place in allowing Mr Hughes to have free access to the Courts of Justice for the Recovery of his Property and that in Case of Refusal for 30 days after this Representation he Mr. Pinckney has orders from his Govt. to dispatch Mr Hughes from Spain with a Copy of whatever Correspondence has taken place on the Subject.’ This Language Sir (however at the Same time Submitting to your Superior Judgement) will open the Eyes of the Prime Minr. & Councill to the Villainy of their Proceedings they will then have to determine whether they will offend the United States or give up their Merchants to the Laws of Justice. In my Case the Govt. of Spain have trampled on all Justice & priviledge the United States enjoy by the 20th article of our Treaty of Commerce, or what Security have the Citizens of the United States for their Properties in Spain if their own Govermt. tamely Suffers a Governor of a Commercial City in Spain to annull by his decree the most Sacred obligations and at [the] Same time Authorizing the holding of an American Citizens Property without ever a hearing on the Case, and for so Serious a Sum as 45,000 Spanish Milled Dollars.
“Suppose Sir for a moment this Bussiness to be reversed and that Such a transaction had taken place in the United States would not the Spanish Minister make every exertion to have Justice done to the Subject of his Nation and if he found it was denied him even for a Week would he not apply for instructions how to act (in Such an unprecedented Case) to his Government and as our Minister Mr Pinckney may not have Such powers as to make a Possitive demand for Justice to be done in as Speedy a manner as my Case requires. I Sincerely hope you will have the goodness to write him in your first dispatches how to act on my Bussiness.” Adds in a postscript: “Mr. Pinckney has favored me with a Copy of his Letter to Mr Cevallos in this Subject & which I herein also have the Honor to Enclose you for your Perusal.”

   Tr and Tr of enclosures (DNA: RG 76, Records Relating to International Claims, Disallowed Claims against Spain, vol. 38). Tr marked “No 3.” Tr and Tr of enclosures enclosed in John and Samuel Welles to JM, 24 Nov. 1803 (ibid.). For enclosures, see nn. 1 and 4.

   Hughes enclosed a copy of his memorial to Charles Pinckney, 8 Aug. 1803 (4 pp.; marked “No 1”), recounting in somewhat greater detail the history of his claim as set forth in his letter to JM.

   Moratoria: extension. The house of Torres Hermanos was legally bankrupt; the king had given the merchant firm a period of ten years to repay its debts.

   Article 20 of the Treaty of San Lorenzo between the U.S. and Spain guaranteed that “the inhabitants of the territories of each Party shall respectively have free access to the Courts of Justice of the other, and they shall be permitted to prosecute suits for the recovery of their properties, the payment of their debts, and for obtaining satisfaction for the damages which they may have sustained” (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:334–35).

   Hughes enclosed a copy of Pinckney to Cevallos, 10 Aug. 1803 (4 pp.; marked “No 2”), in which Pinckney decried the actions of the governor of Cádiz in denying Hughes legal recourse in recovering his debt from Balleras & Company as a violation of article 20 of the Treaty of San Lorenzo and requested that Cevallos suspend the king’s moratoria in this case.


Title: To James Madison from Thomas Newton, Jr., 8 August 1803 (Abstract)
From: Newton, Thomas
To: Madison, James

8 August 1803, Norfolk. Informs JM that “Hudson impressed by Capt. Douglas, of the British Frigate Boston, has been liberated.”

   RC (DNA: RG 59, ML). 1 p.; docketed by Wagner as received 13 Aug.


Title: To James Madison from Elias Vander Horst, 8 August 1803 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

8 August 1803, Bristol. Has written already by “this conveyance” on 28 July. Adds a few more newspapers, “which will in some degree serve to communicate to you what has since occurred in this quarter, much of which you will find not a little Interesting.” “Public affairs look more & more serious and my apprehensions for their result is truly painful.” Harvest prospects continue “extremely favorable.”

   RC (DNA: RG 59, CD, Bristol, vol. 2). 1 p.; docketed by Wagner as received 30 Sept.

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


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

9 August 1803, Falmouth. Encloses a list of American vessels arriving in his district from 1 Jan. to 30 June [not found]. “There were many others that touched off this port for orders & therefore I had not an opportunity of obtaining their names &c.” Wrote in his letter of 12 July “of the Lights &c. paid here on American Shipping.” Expects soon there will be “great demand at advanced freights, as premiums of insurance on English Ships is much advanced.” American flour is selling for 30s. to 33s. a barrel, “Wheat in proportion.” Expects “an abundant Harvest.” In Spanish ports flour is selling for between eight and nine hard dollars a barrel. “West India produce & Tobacco in good demand at present occasioned by the War.” Notes that “The majority of the men hereaway capable of bearing Arms are already enlisted, gone into Volunteer Corps, or preparing to learn the use of Arms.” Several American ships “have been detained at this port”; believes “all of them were almost immediately liberated & in most cases were paid all their expences.” Encloses his letter of 12 July.

   RC (DNA: RG 59, CD, Falmouth, vol. 2). 2 pp.; docketed by Wagner as received 30 Sept.

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


Title: To James Madison from William Willis, 9 August 1803 (Abstract)
From: Willis, William
To: Madison, James

9 August 1803, Barcelona. “It appears to be Certain that the Tripoline Ship So long detaind in Gibralter has been taken by the U S frigate Adams and carryed into Malta.… The English have a fleet off Toulon, so that it appears that they suspect Bonaparte wishes to play them another such trick as he did before when he pretended he would invade England the[y] seem to suspect that he has a design of attacking Egypt again. The war at present seems to affect Spain but little as the people expect to be permittd to remain Neutral.… I herewith Enclose you a duply of mine of Saturday last [6 Aug.] and a Coppy of my letter to the Captain General. … I Certainly shall compell Mills to Make Oath & Submit to interrogation respecting the false papers found with him. Baker is Still in Marseilles with Ogden & Schwartz.”

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

   The enclosure is a copy of Willis’s letter to the conde de Santa Clara, dated 8 Aug. 1803 (1 p.), in which Willis asked Santa Clara to have “Robert Folner Master of the English Ship Alexandria” examined respecting “a Set of False American Papers” which Willis believed Folner had in his possession. At the foot of the page Willis added a note: “The above was deliverd to the Captain General on Monday Morning Captain Folner went on board his Ship which lay in the road and sailed so that there was no possibility of having him examined but from Circumstances it appears he got his papers from Mills.”


Title: To James Madison from William Willis, 9 August 1803 (Abstract)
From: Willis, William
To: Madison, James

9 August 1803, Barcelona. “I have duly Rec’d your private favour of the 28 of May and altho the subject is very afflicting to me yet I cannot withhold my gratitude to you for your information & advice. My Opinion is the same with yours that the forging papers with the seal of the United States on them is a very serious crime. And It gives me real pain to find that the President has been so far misled as to think me any way concern’d in such a vilanous business. No Sir I love my country too well to even have neglected to exert my utmost to prevent any such thing and had I had an Idea of any such thing being in Contemplation Millions of dollars would not induc’d me to have permitted it. Every one that has a knowledge of me knows well that avarice is not one of my faults and that I have not even charged my countrymen with what the law alows me, and have economis’d in every thing which could be brought as a charge against my country and what but avarice could induce any man to be concern’d in so Vilanous a business as that of forging the papers of his Country. I sinceerely thank you for your advice and have no doubt that you sincerely think it better for me not to expose myself to a tryal: but as you do not know all the Vilanous conduct of Lewis and Baker the president and you give more weight to them than they Merit but this I cannot prevent And shall submit to the Laws of my Country and if by false swearing of these Vilains or their clan I am condemnd to suffer I shall submit to it as a child submits to the punishment of a parent who has been deceived by false accusations. So far therfore from seeking to avoid an arrest I shall be ready to meet it and altho I have much business to arrange in many ports of Europe as soon as the Vice Consul arrives I shall prepare for going to the United States and shall come on to Washington as soon as possible and attend my fate.… I have as you desird destroy’d your letter.”

   RC (DNA: RG 59, CD, Barcelona, vol. 1). 3 pp.; marked “Private”; docketed by Wagner and by JM (see n. 1).

   JM docketed this letter with the note: “The letter which this answers was a forgery, none such having been written by J. M. either public or private.”


Title: To James Madison from Jacob Wagner, 10 August 1803
From: Wagner, Jacob
To: Madison, James

Dear Sir
Department of State 10 Augt. 1803.
Enclosed are some private letters and all the public communications of importance enough to meet your eye. I have transmitted a copy of the protest, respecting the impressment of William Blake, to Mr. Thornton in a private letter, intimating that I should forward the original to you. With respect to the other protest, which accompanies it, it relates no very great wrong, as the impressed lad was French and he was taken in a French port: I nevertheless consider it as an infraction of principle, in as much as it is to be presumed he had entered the American vessel voluntarily in consequence of a contract, which perhaps the French Officers had no right, derived even from their own municipal regulations, to constrain him to violate.
Very serious inconveniences daily arise from the circumstance that there is no officer at the seat of Government entitled to frank letters and packages for another Department than that to which he belongs. I have had a conversation with the assistant postmaster General on this subject, and being satisfied of the propriety of his declining to do it and that neither of the officers of the Treasury is capable of any more accommodation than himself in this respect, I have been constrained very reluctantly to ask you to frank the blanks which accompany this. Genl. Dearborn will return in a week or two, when the difficulty will be removed. With perfect respect & esteem I have the honor to remain Dr Sir, Your faithful obed. servt.
Jacob Wagner

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

   Thornton replied to Wagner’s letter on 18 Aug. 1803 (DNA: RG 59, NFL, Great Britain, vol. 2; 2 pp.) and informed the latter that he had sent the protest to John Hamilton, British consul at Norfolk, so that William Blake might be retrieved from the British frigate. Thornton also requested that Wagner write to Boston for some proof of Blake’s American citizenship, which State Department clerk Daniel Brent did early the next year (see Brent to Benjamin Lincoln, 15 Feb. 1804 [DNA: RG 59, DL, vol. 14]).


Title: To James Madison from John M. Goetschius, 10 August 1803 (Abstract)
From: Goetschius, John M.
To: Madison, James

10 August 1803, New York. Encloses his bond “with two good sureties,” as required by the consular act. Is prepared to leave for his post, “but that direfull epidemic, with which this City is again so unhappily afflicted, interferes” with his arrangements and will probably delay him for “six or eight weeks at least.” “As several of our public Vessels are about to sail for the Mediteranien, permit me to ask whether I am entiteld. to a passage free in any of them?”

   RC (DNA: RG 59, CD, Genoa, vol. 1). 1 p.; docketed by Wagner as received 16 Aug. and answered. Enclosures not found.

   DeWitt Clinton introduced Goetschius to JM on 10 May 1803, and on 11 Nov. Jefferson nominated him to be U.S. consul at Genoa (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:586; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:453, 456).

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


Title: From James Madison to John Francis Mercer, [11 August] 1803
From: Madison, James
To: Mercer, John Francis

[Montpelier 11 August 1803]

In the last interview which I had … with you in Washington on your return to Annapolis, you requested me to state the facts on which you might liquidate the balance between us. This I did not do until my return home had brought my papers under my inspection. On looking into them there I find that the original debt is evidenced by a promissory note from you for $600.00 … dated October 11, 1783 and by a bill of exchange on you.… In your favor I recollect a payment in Richmond probably in the year 1784 for about £100 currency of this state; to which is to be added $350.00.… If these items be defective we will be able to correct them.

   Printed extract (Kenneth W. Rendell, Inc., Catalogue No. 53 [1970], item 119). Listed as an “ALS, 1 ¼ pp., 4to.”

   For Mercer’s debt, see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 7:373.


Title: To James Madison from James Monroe, 11 August 1803
From: Monroe, James
To: Madison, James

No. 12
Sir,
London August 11. 1803
I expected to have been presented to the King at the last levee according to the intimation of Lord Hawkesbury at our interview on my arrival; but the day before the levee Mr. Hammond called to express the regret of Lord Hawkesbury that the death of Lord Bristol the father of Lady Hawkesbury, which was known only the night before, put it out of his Lordships power to accompany me to the court next day; that he hoped it would not be disagreeable to me to postpone the presentation till the next levee, which would be in a fortnight. I assured him that it would be perfectly agreeable to me to wait the time proposed & that I should be happy to accommodate it to his Lordships convenience. The levee is on wednesday next, when I shall be presented as Mr. Sumter informs me from a conversation he had with Mr. Hammond, at my request, on that subject yesterday.
I enclose you a copy of a note from Lord Hawkesbury announcing the blockade of the Weser which I communicated to our consuls. An error which you will find noticed in my reply to it, was corrected on being made known to him. Mr. Baring to whom this is committed, who visits America on the subject of the contract of the house of Hope & Co: for the Stock to be created under our convention with France, will inform you of the manner in which the power committed to us, to draw two millions of dollars is, or may be, applied to the object of that convention. If the treaty & conventions are ratified this application will for ever be a dormant act; if they are not, which however I presume cannot be the case, we can never loose by it, as it secures the means of effecting farther arrangements relative to the object. I most earnestly hope that the whole will be ratified, with promptitude, without any proposition of amendment or change, since I think the acquisition too important to be put at hazard by an attempt to correct any errors we may have committed. You will excuse my anxiety on this subject, which be assured is not excited, by light considerations. Mr. Baring will communicate to you the state of the war between the parties, a subject that I have never had time to attend to in my past communications; nor did I deem it very important as we have so little to do with it. I am with great respect & esteem your Mo. hle. Srt.
Jas. Monroe

   RC (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy (DLC: Monroe Papers). RC in a clerk’s hand, signed by Monroe; docketed by Wagner as received 29 Sept. For enclosures, see nn. 1 and 2.

   Monroe enclosed a copy of Hawkesbury’s 26 July 1803 note (4 pp.) announcing the British blockade of the Weser River until such time as the “French Troops will evacuate the positions which they now occupy on Parts of the Banks of the Weser.”

   In Monroe’s 30 July reply to Hawkesbury’s announcement (1 p.; docketed by Wagner), a copy of which is enclosed, Monroe pointed out that although the note was directed to him, the body of the missive was addressed to Christopher Gore. Monroe wished the oversight corrected, “to prevent the appearance of my having anticipated my functions.”

   For the role of Alexander Baring and Hope & Company in the financial arrangements for funding the Louisiana Purchase, see Ralph W. Hidy, The House of Baring in American Trade and Finance (Cambridge, Mass., 1949), pp. 33–34, and Marten G. Buist, At Spes Non Fracta: Hope & Co., 1770–1815 (The Hague, 1974), pp. 188–90.


Title: To James Madison from James Monroe, 11 August 1803
From: Monroe, James
To: Madison, James

private
Dear Sir
London Augt. 11. 1803.
A knowledge that there exists a disposition to misrepresent all the facts relative to the late negotiation at Paris, induc’d me in my first private communications to you to put in your possession the means of doing justice to the parties concern’d and interested in that event. Every thing that I stated or suggested in my letters by Mr. Hughes and Mr. Jay has been confirmed since. I doubted much then whether I ought from delicacy to have expressed myself so freely, but I afterwards had reason to rejoice that I had done so; since I saw that I had misconceived nothing, and had I failed to do it, I might have left you in the dark as to many circumstances which it imported the govt. to know, & the interest of the cause made it necessary you shod. know. On my first arrival at Paris when my colleague thought the prospect of success desperate, I read the communications which passed between him & the minister of foreign relations after my appointment. These communications proved fully the failure of his attempts to obtain any thing, by the absolute refusal of the minister to treat till my arrival. Nevertheless as soon as the thing took a turn which was instantaneous, a new tone was assumed; it began immediately to be circulated that the whole affair had been arranged some time & had been delayed on my account: that I came only to sign &ca &ca. My sickness which was very severe for 48. hours was complained of as a new inconvenience. Happily that happend only in the interval while Mr. Marbois was getting his comn. made out to treat with us; tho’ it was proposed to give countenance to the above pretentions, that the negotiation shod. be carried on somewhere in my absence, my colleague act & report to me the progress. However Mr. Marbois most readily agreed to wave all ceremony & come to my chamber, whereby I was releived from that dilemma. All these things or reports were communicated to certain persons here, & I presume to others in America also; in this quarter they were recd. & propagated in a manner to do the most mischief to truth and sound principles, and I doubt not that the delay of Mr. King to sail till that business was concluded, and his hasty departure afterwards was to watch the progress to turn the result to the best account that he could have, & then follow it to the UStates to create the greatest embarrassment that circumstances would permit there. You may be assured that he said at Paris wha⟨t⟩ I wrote you by Mr. Hughes: that the acquisition of Louisiana was an object for which we could not give too much; but that the present people in power had neither minds nor nerves equal to it. This sentiment from him has been confirmed to me, as to the first part, that is that we could not give too much for Louisiana, by more than one here, among whom is the bearer of this letter. His change after the event was accomplished soon took place. Of his present tone I presume sufficient proof is furnished by this time, unless the general sentiment of the country in favor of the measure as I trust is the case shod. overwhelm him with despair, of which some simptoms were observed here by one or two descerning men, just before his departure. Of his former tone proof can be given & will be if necessary. I have reason to think that the reports above referr’d to were communicated to Ld. Whitworth at Paris, & the diplomatick characters generally in a kind of confidence, as I have to believe that they made no impression, on those who were not predisposed to give into that idea. I have in all cases done my colleague all the justice he could ask of me; whenever this affair was mentioned to me I brought him to view as my associate, spoke of his zeal &c in the object. But thinking it proper to possess the documents which plac’d the transaction on its true ground, which I had read on my first arrival at Paris, after every thing was done & it was decided that I was to come here, I asked him for them that I might have a connected view of the whole affair. They were given with reluctance, tho’ promised with promptitude. The letter from the minister of foreign relations of March 22d. was obtained last, & withheld as long as it could be. Having noted the paper when I first read it, & its effect, I ⟨asked?⟩ for it in terms too explicit to be refused. I charged Col: Mercer with the duty of getting these papers while I attended to other objects, and with my aid he succeeded. The whole however went on with the most perfect good humour, as if it was a mere ordinary unimportant thing; for altho’ I had felt irritation in the more early stages yet I had in a great measure lost that sensation afterwards, and was more anxious to get these documents as defensive weapons against the federalists than him, whose zeal in the object I always gave him credit for, whose hospitality I witnessed & partook, and who with much sprightliness is an amiable man in society. For his parts & patriotism he was respected in our revolution; he is connected with a society with whom I have been long in the habits of friendly intercourse, and altho I will not permit any thing that is improper & mischievous yet I really wish to leave him in the possession of every thing to which he is entitled, making a liberal allowance in his favor. I enclose a copy of his letter to me of the 10th. of april & of the letter of the minister to him of the 22. of march, both of which you may consider either as publicke or private documents: they ought certainly to be communicated to our friends. In the former the term “measures” is improperly inserted in the copies heretofore sent: it ought to be memoires as in the present one.
The affairs of the guarenty of the two millions is not without its delicate references which I well understand; but I considered it & do consider it the safest measure. The old soldier has written me a letter in which he endeavors to throw the whole responsibility on me, to wh. I shall reply so as to fix the cause on him, in great good humour however. The fact is that in every thing done or to be done with him, the idea of a publication is to be taken into view, for as he estimates his pretentions at least as high as he ought to do, if the ultimate result does not satisfy him, or he thinks he can improve his ground by a publication he will make it, of his whole correspondence in Europe. Relative to this business I am willing to take all possible responsibility. I mean in reference to the admn. Recollect this fact & not on it.

I intended to have written you on my private concerns but have not time. In Paris I was attacked in a peculiarly distressing manner, owing as it was supposed to an exertion in moving a table to write on, wh. affected the diaphram that is connected with the nervous system that is said to communicate from the back to the head. I lay two days & nights on a mattrass in my cloaths without being able to move, & when I began to recover, My recovery was almost as quick as the attack. It happened at a moment of great delicacy & importance to our affairs, precisely when we got to serious business & only waited Mr. Marbois commissn. as it were to conclude. It was matter of real grief to some friends, such as Mercer, Skipwith & Parker—Mr. Barlow was here—for independant of any affliction or danger to me they had some apprehension from considerations of higher moment: but they gave no eclat to my indisposition—others did—since it was much talked of in Paris & here as it will be probably in america. Most happily I got over the complaint precisely in the moment when it was necessary I shod. do it, so that the only difference between my having employed that time at the opera or on the mattrass consisted in my own feelings which were very excruciating. I have felt unwell since I came here owing to a bad cold, & some sensation in the part formerly attacked, tho’ slight, & am under a regemen with a phisician who promises my complete cure, tho’ I doubt it. I trace the cause in part to the fatigue of my journeys last winter, of the voyage &c & partly to the fatigue of my admn. in Virga. which I well remember the President forewarned me I might hereafter regret.
I hope you have sent Mr. Purviance to me, as Mr. Sumter will soon depart & I have great occasion for someone. If it is intended that I shod. go to Spain, that I presume may be delayed till next spring, or late this fall; tho’ relative to that I have no personal desire, & leave it to the President to act as he finds best. If I go some person ought to remain as chargé des affrs. here, & some one with me as Secretary, for I suffered much by not having one before, & was exposed to danger of discovering what shod. be secret. Believe me I cannot live here on the pay. I give at the rate of £500. Strg. for the house & vast sums for the carriage horses &c: but on these topics I will write you in my next by Mr. Mercer son of the late Judge who expects to sail in a few weeks, as I shall to Mr Jones & other friends. Should I go to Spain I shod. be glad to have Mr. Tyler with me in case he wished to go; but in case he did not, it wod. perhaps be best to send no one, to leave Mr. Erving as chargé des affrs. here & take Mr. Purviance with me: If Mr. Purviance does not come you had better send young Gelston who was at Washington last winter. He is well qualified, & having been with me before, gives an apology to every other applicant. I have this moment heard of another opportunity by a Mr. Tatham to N. York who will sail in three days, I therefore conclude this with the less reluctance to commit it to Mr. Baring to whom be so kind as shew some attentions, & make him known to the President. Be so kind also as assure the President that I will write him by Mr. Tatham. I have avoided it because I knew that he wod. see my letters to you, & that he wod. be less compromitted in his station. Present our affectionate regards to him & to yr. family & other friends: very sincerely yours
Jas. Monroe

   RC (DLC: Rives Collection, Madison Papers). Docketed by JM.

   See Monroe to JM, 14 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:610–15).

   Monroe to JM, 14 May 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:610–15).

   Alexander Baring.

   For Talleyrand’s note to Livingston of 22 Mar. 1803, see Livingston to JM, 24 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (5 vols. to date; Charlottesville, Va., 1986–)., 4:448 and n. 3).

   Enclosure not found, but it was doubtless a copy of Livingston’s 10 Apr. 1803 letter to Monroe, in which Livingston welcomed him to France: “God grant that your mission may answer yours and the public Expectations. War may do something for us—nothing else would. I have paved the way for you, and if you could add to my means an assurance that we were now in possession of New Orleans, we should do well” (NHi: Livingston Papers).

   Robert R. Livingston.


Title: To James Madison from Richard Brent, 11 August 1803 (Abstract)
From: Brent, Richard
To: Madison, James

11 August 1803, “Fauquier Court House.” Recommends Dr. James Wallace for a medical post at New Orleans. Wallace “is a young Man with the prospect of a large family” who “has pursued as I am advised with industry and with genious his medical studies in the medical schools both of America and Scotland.” He is now “much occupied in an extensive and successful practice” and “is generally viewed as a Man of genious and of knowledge in his profession.” “His connections are very respectable.” Hopes that, should the U.S. establish a garrison or hospital at New Orleans and “find it necessary to appoint any medical Character to superintend these institutions,” Wallace “will not be found unfitted for that office or undeserving of the patronage of his Country.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “Wallace”). 2 pp.; docketed by Jefferson.

   James Westwood Wallace (1769–1838), son of a Revolutionary War veteran, held an M.D. from Edinburgh University (WMQWilliam and Mary Quarterly., 1st ser., 9 [1900–1901]: 130, 131).


Title: To James Madison from Harry Toulmin, 12 August 1803
From: Toulmin, Harry
To: Madison, James

Dear Sir
Frankfort 12th Augst. 1803
I have the honour to acknowledge the receipt of your circular letter of July the 20th. accompanied by the notifications to the members of congress, of their being extraordinarily convened by the president, which in the absence of the governor was delivered to me. Our election is but just closed, but having satisfactory information what gentlemen are elected, I have transmitted the letters to them.
I am happy to inform you that they are all republican. No person indeed of any other principles pretended to offer, except in this district, where Mr Daveis, the United States’ attorney, early presented himself to public notice and took infinite pains to secure popular approbation, professing likewise, it is said, a change of political tenets. Yet notwithstanding all, I question whether from ten counties he has obtained one hundred votes: and a gentleman has been chosen, (Coll. Thomas Sandford, formerly of Virginia,) though personally unknown in three fourths of the district, and without having used any efforts to be compared with those of Mr Daveis & the other candidates, on the reputation of his republican principles, his steadiness of character and remarkable independence of mind.
Coll. Lyon offered in the lower part of the state, and though the belief of the soundness of his political creed and the circumstance of his having been imprisoned under the late administration, operated greatly in his favour, and procured him a very handsome support; yet he was personally obnoxious to many, and it is probable that Mr David Walker, an equally steady and consistent republican is chosen in preference to him.
A meeting I understand was held the day before yesterday at Lexington to celebrat⟨e⟩ the cession of Louisiana, at which the most conspicuous federalists attended, and drank strong republican toasts.
With the exception of a family or two, we may I think anticipate the speedy extinction of political schism in the state of Kentucky. I am dear sir, with great respect your most obedt. sert
Harry Toulmin

   RC (DLC). Docketed by Wagner “(Private)” and as received 29 Aug.

   Thomas Sandford (1762–1808) was a Virginia-born Kentucky planter who entered local politics in 1799. He served two terms in the U.S. House of Representatives (1803–7) as a Jeffersonian Republican before drowning in the Ohio River in 1808.

   Matthew Lyon was elected to the U.S. House of Representatives from Kentucky in 1803 and served until 1811. David Walker (d. 1820), a Virginia-born Revolutionary War veteran, local politician, and militia officer in the War of 1812, was elected to the House from Kentucky in 1817 and served until his death.


Title: To James Madison from John Mitchell, 12 August 1803 (Abstract)
From: Mitchell, John
To: Madison, James

12 August 1803, Le Havre. Describes the effects of that “rigid measure,” the law of 1 Messidor [20 June 1803], which was “carryed into force the 10th July.” Several American ships have arrived here without certificates from the French commercial agents as required by this law. The South Carolina, Captain Steel, of New York, which carries a cargo of cotton and coffee, was permitted to land but not allowed to discharge its cargo and “now lays Idle.” Next the Mary Ann, Capt. John Wallace, arrived from Philadelphia carrying a cargo of logwood, bark, nankeen, and cotton. Encloses a copy of his correspondence with the prefect at Rouen, to whom he appealed when the customhouse refused to enter the ship. On 1 Aug. the brig Charles, Captain Preble, of Boston arrived carrying cotton, sugar, coffee, whale oil, cassia, nankeen, and logwood “and is in the same predicament as the former Vessells.” “Thus this miserable law embarrasses our Trade and Sacrafices one part of their own Community to an other.” On 2 Aug. the brig Dolphin, Captain Snow, arrived from Lisbon with a cargo of cotton, coffee, cocoa, and a cask of wine. This ship had a certificate from the French commercial agent at Lisbon “but not presisely in form.” “The Certificate is therefore sent to Rouen to the Prefet who has sent it to the Minister at Paris to take his opinion, and to verify the signature.” The brig Susan & Polly is in precisely the same situation as the last vessel. On 3 Aug. the brig Potomack, Captain Tupper, arrived, and on 4 Aug. the schooner Caroline, Captain Kimball, both from Lisbon with cotton. Although the shippers declared the cargo to be the production of Brazil, they had no certificate and the hatches were sealed. On 11 Aug. the ship Mary, Captain Candler, arrived from Lisbon and is in the same situation—“has Certc. but not permitted to Land.” Also on 11 Aug. the brig John, “of, and from Charleston” with 318 bales of cotton, “was met with in the Channel off the start point, by two British ships of War, and sent into Plymouth and there detained about 30 hours.” This ship is not permitted to enter the port “under the miserable plea that She has been in England.” “The refusal comes … under the absurd Idea that she may have Loaded her Cargo there. The Chief of the Custom House is sencible of the error of such an opinion, but can not interfere.” Hopes the return of the first consul to Paris will “lead to some amendment of this Law, for the sake of our Merchants.” “To remark on the ill policy of such Laws, is not my place, but I lament that our Merchants are likely to suffer from them & so severely, as some months more will probably pass before Certificates will Accompany the Cargos from the U.S.A. None now on the way for france can be furnished with them. As a similar Law has passed in Holland, we shall suffer there also, & The Elbe being Blockaded by the British shuts us out of the north of Europe.” “I have … given letters to the Pilots, address[ed] to the Captains of American vessells that may co⟨me⟩ into the Road, to inform them of this Law; and give them the option to come in or proceed further, few or none can proceed for an other port for want of authority to do [so].” Believes the U.S. will “suffer more from such Laws & regulations than any other Country.” Did “not loose a Day in sending out Copys of the law now complaind on (to Different Collectors of our Customs) but that will not relieve the Vessells now here or on the way for France.” Adds in a 14 Aug. postscript that the vessels that came from Lisbon with certificates “have received permission to Land their Cargos.” Notes that there are Danish and Swedish ships in Le Havre in the same situation as the South Carolina and Mary Ann.

   RC, two copies, and enclosure (DNA: RG 59, CD, Havre, vol. 1). First RC 10 pp. Both RCs docketed by Wagner. For enclosure, see n. 1.

   Mitchell enclosed a copy of a letter from the prefect of Rouen, 20 Thermidor an XI (8 Aug. 1803) (2 pp.), who refused to examine the various papers presented by the captain of the Mary Ann to prove that its cargo was exclusively American. He insisted on narrowly interpreting the edict of 1 Messidor an XI (20 June 1803) to exclude any papers but the required certificates.

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


Title: From James Madison to Thomas Jefferson, 13 August 1803
From: Madison, James
To: Jefferson, Thomas

Dear Sir
Aug. 13. 1803
My arrival here was delayed till monday evening last; first by the completion of the business depending at Washington, and then by the breaking down of my carriage just after I had set out which detained me three days. I found at the post office your letter covering the pardon for miller, which was forwarded by the ensuing mail, with the intimation to Wagner which you wished. Yesterday I had your favor of the 8th. with the proceedings of the Indiana Territory under another cover. On the subject of the former I am ready to say that if application were to be made for a frigate in behalf of the brother of Jerome Bonaparte, it ought to be at once rejected, tho’ in a manner as little disagreeable as possible. There is however no danger of such an application. Just before I left Washington I had a conversation with Pichon which the receipt of the letter from Dawson led me into, in which I explained to him the inadmissibility of furnishing a passage in a public ship to a military Citizen of the French Republic. He acquiesced fully in the objection, and told me that he had, by a proper explanation to young Bonaparte stifled such an expectation. I hope therefore that we shall hear nothing more of the matter. Among the papers sent for your perusal are a letter from T. Paine, and another from Duane. I shall communicate to the former what he wishes. To the latter I shall also communicate the fact that no remonstrance such as has been reported, has been made by G. B. but on the contrary that she is satisfied with the acquisition of Louisiana by the U States. I shall at the same time withold the copy of Lord Hawksburys answer to Mr. King, with a glance at the reasons which make it proper to do so. I am sensible of the advantage on the side of the adversary prints which mortifies him, but general rules must be observed, and it would be moreover improper to make more than one paper the vehicle of informal or formal communications from the government. In Smith’s paper, it was intimated that G. Britain was satisfied with our arrangement with France. On the whole the zeal of Duane is laudable, and the manner of his application strengthens the title to tenderness in the refusal.
The day before I left the City I was obliged to write to Thornton a strong complaint agst. Capt. Douglas of the Boston Frigate, founded on an impressment of 4 seamen two of whom had protections & were known to be native Citizens. The trespass was committed on board the Charles Carter abt. 18 leagues at Sea. She had sailed from Norfolk, the resort of the Boston, which had no doubt made her use of that port subservient to her cruises on our own Coast agst. our own trade. Pichon is referring for a formal protest agst a like use of our ports for seizing French vessels the moment they get beyond our jurisdiction.
Be pleased to return the inclosed papers as I shall await it, before I give answers to such as require them. With most respectful attachment I am Dr. Sir Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 15 Aug.

   For Miller’s pardon, see JM to Jefferson, 26 July 1803, and n. 1.

   John Dawson to JM, 29 July 1803.

   Thomas Paine to JM, 6 Aug. 1803.

   William Duane to JM, 3 Aug. 1803.

   Lord Hawkesbury to Rufus King, 19 May 1803 (King, Life and Correspondence of Rufus King, 4:263).

   JM to Edward Thornton, 5 Aug. 1803.


Title: To James Madison from Thomas Jefferson, 13 August 1803
From: Jefferson, Thomas
To: Madison, James

Dear Sir
Monticello Aug. 13. 03.
I recieved yesterday the inclosed letter & papers from Governor Mercer, requesting my approbation of the relinquishment of a part of their claim to bank stock in England in order to obtain the residue. This it seems is required by an act of the legislature of Maryland, but with what view, or to what end I am unapprised, never having seen the act. It cannot certainly be with a view to raise any claim against the US. as such an act of mine would be entirely extraofficial, it could not affect the US. We have lent the agency of our minister hitherto to obtain their right: but on his departure, mr. Pinckney seems to come in as the special agent of the state, and neither deriving nor needing authority from us. Perhaps you may be apprised of the act of Maryland alluded to, and may be able to inform me what sort of an approbation it is desired I should give. Accept my affectionate salutations
Th: Jefferson
P. S. will you direct a Commission to Jonathan E. Robinson at Bennington as Commr. of bankruptcy for Vermont?

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

   Enclosure not found, but it was no doubt John Francis Mercer to Jefferson, 6 Aug. 1803 (DLC: Jefferson Papers).

   On 5 Aug. the Council of Maryland issued an order authorizing William Pinkney “to relinquish any sum not exceeding £10,000 Sterling out of bank stock provided this is approved by the President of the United States and provided that an immediate transfer may be thereby obtained for the use of the State” (Radoff, The Bank Stock Papers, no. 5 of Calendar of Maryland State Papers [Annapolis, 1947], p. 31).

   William Pinkney.


Title: To James Madison from James Ker, 13 August 1803
From: Ker, James
To: Madison, James

Sir
Philada. August 13th. 1803
The inclos’d bill of cost for your Chariot with the receipt for the full amount of the Same except the charge for taking it down which will leave a balance to be paid by you (Should you be at Washington) of thirty four Dollars to the driver if not I will pay it on his return and thank you to forward as soon as convenient, Should any part of the finishing not be equal to your expectation, or if I have form’d an Idea of that neat plain Elegance that will please it will be satisfactory to know being convinc’d it will do justice in the wear.
I could not get a carefull person to take it down for less, but what with package freight cleaning and hanging it I believe it about the Same as sending it by water, my attention to this or any other Order to serve in my power shall be done with pleasure by Yours &c
James Ker

   RC and enclosure (DLC). RC docketed by JM. For enclosure, see n. 1.

   The enclosure is a bill for a “second hand Chariot” with extra charges for an oilcloth cover, two lamps, a plain border, and delivery to Washington. The bill amounted to $594, of which $34 was still owed.


Title: To James Madison from Edward Thornton, 13 August 1803
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 13th August 1803
I have the honour to acknowledge the receipt of your letter of the 5th inst. with its inclosures, which did not reach me in this place until the 10th. The post of the same day brought me an account from Norfolk of the restoration of the Seamen impressed by the Commander of His Majesty’s Ship the Boston, in consequence of a correspondence between the Collector of the Customs at that port and His Majesty’s Consul. I take it for granted, that the correspondence has been transmitted to you, and that it will discover on the part of Captain Douglas some willingness to repair any error, in which the notorious frauds practised by pretended American Seamen cannot fail occasionally to lead him.
I assure you, that it gives me sincere pain to find, that in the very outset of a war (which involves in its principle and perhaps in its issue the existence of every independent nation) the editors of certain publications in this country have seized with an avidity and with a malignity perfectly unaccountable the barely plausible ground of complaint, which His Majesty’s Commanders have afforded in a very small number of instances, and are endeavoring to excite the public mind by the grossest misrepresentations. And I must beg your indulgence, if I venture to lay before you my own opinions upon this subject of impressment, such as they are inspired by the letter which you have done me the honour of addressing to me.

It does not become me to say, under what restrictions the carriage of persons in neutral vessels is to be permitted; or to pronounce for His Majesty’s Government whether it may seriously pretend to extend them to other than military citizens or subjects of his enemies. However it will scarcely I think be denied, that a nation has a right to prevent the transfer of its own subjects either by a direct or by a circuitous destination to the ports of its enemies; and that it may therefore at any period of the transit or under an apprehension of its terminating in that manner arrest such of them, whose useful industry and talents, if they are otherwise inoffensive, or whose traitorous services might be turned against the parent state. Every nation, particularly in time of war, has an unquestioned claim on the assistance of all its members: these cannot withdraw themselves from their duty without injustice: the neutral nation or person cannot therefore equitably aid them in thus withdrawing from their duty: and the plea of ignorance ought scarcely to exempt the latter from the inconvenience to which he exposes himself, where proof might be not difficultly obtained, or where inefficient regulations rather tend to invite fraud than to establish zeal and necessary distinctions.
These vital and conservatory principles in the constitution of every state seem to me so evident, that nothing but the extreme difficulty, on the part of the examiner, of discovering the distinction between persons, whose language, manners and usages are absolutely the same; and the inconveniences thence arising, could ever have permitted them to be drawn into doubt. For if the question were put in another form, whether the Commander of a French man of war might rightfully take from on board a neutral Ship, bound directly or by contingency to the country of his enemies, French artisans, French passengers, French sailors, who might eventually contribute to the strength of the enemy, or whose services might be usefully employed for his own country, few persons would it seems to me carry the neutral right so far as to answer in the negative. Were it otherwise, neutral ships might carry on with impunity this species of living contrabande de guerre, infinitely more fatal to one of the belligerent nations than the commerce of instruments of destruction. In effect, it must be within your own recollection that during the course of the last war several French Seamen were taken from American vessels by the ships of war of their country; and though it is true from the very nature of the circumstance, as well as from the state of the French marine, the instances were rare, the sentiment of natural justice made them be received here without resentment or complaint.
It must have been I presume under the impression of these principles, that in the conduct of the Commanders of His Majesty’s Ships of war it is their prescribed duty to afford protection to every British subject who may claim it from on board of any foreign vessel; to demand from every foreign vessel any British Seaman whom it may have on board; and in time of war, every sentiment of love of country, of the conservation of its resources, and of intercepting and cutting off those of the enemy, imposes upon them the duty of a more exact and vigilant scouting into the crews of the vessels of foreign nations, particularly if bound to the enemies’ harbours. Neither the principles nor the practice founded upon them are new; and with foreign nations, when the examples are uncommon, and where the discrimination is well defined and instantly discovered, they have never been the cause of any serious ground of dispute. Unhappily for our two countries, the similarity or rather the identity of language and of manners, of all our habits and modes of acting, which forms so many motives for harmony and affection, and furnishes so many grounds of a common interest, only serves in this particular to produce doubts and difficulties and jealousies, for which it is no easy task to furnish an adequate remedy. I am unwilling, Sir, to go into a detail of abuses and frauds upon this subject, which are within my own knowledge; because I flatter myself that the government of the United States will see the necessity of adopting some more effectual regulations or of concurring with that of His Majesty in some arrangement, which may tend to place the navigation of the two countries upon a more desirable footing in this particular.
I must beg your patience for one word more upon the subject of the last paragraph of your letter. I have already had the honour of adverting to the very indefinite nature of the expression “stations in order to carry on hostile expeditions from thence”: and I find in your letter these defined to be “stations from whence Ships of war may furnish themselves with the means of keeping up cruizes against (the American) commerce on (the American) coasts, and with information for rendering those cruizes effectual.”
If, Sir, there could be produced a single instance of practices on the part of His Majesty’s Ships avowedly directed against the fair and legitimate commerce of American Citizens (in the most ample and liberal interpretation of the term) no person would deny, that a conduct so unfriendly and unjustifiable would deserve the severest animadversion. But I must observe to you, that His Majesty’s squadron is stationed upon the North American Coasts for the protection of the commerce and navigation of His subjects as well in the harbours of this extended continent as in their passage from the West Indies. Recent examples are not wanting to prove, that if no squadron were so placed, these seas would swarm with privateers, either furtively equipped in the ports of the United States, or entering and receiving in them refreshment and asylum. In order to fulfil these objects, as well as to defeat the designs, to intercept the resources, and to destroy the commerce, of the enemy, unless it is meant to refuse them all hospitality in the American harbours and to force them to the extreme point of their station (Halifax) for any purpose of refreshment or convenience, I hope you will permit me to say, that the Ships of His Majesty or of any other Sovereign at peace with the United States have an undoubted right to an hospitable reception in the country, and to the freest and most ample communication with the agents of His Majesty, who are stationed here to watch over His interests, and to co-operate (with every regard for the rights of the nation to which they are delegated) with His other subjects in promoting His just views. A very extensive commerce in articles contraband of war is at this moment carrying on from the ports of the Union to the ports of the King’s enemies. The Government of the United States, while it does not prohibit, does not defend or justify this commerce, which to say the best of it in the hands of a neutral individual is a debasing and nefarious traffic: and it is the duty of the King’s Agents to give information of all such proceedings, as it is that of Commanders of Ships of war to counteract them by every lawful means in their power.
Thus far the ports of the United States are become stations for the British Ships of war. Thus far the vessels of war of the United States, engaged in a distant warfare with one of the Barbary regencies, extremely limited by its nature and by the resources of the enemy, have made use of the harbours of His Majesty and of every other friendly Sovereign having possessions on the coast of the Mediterranean, and have always derived all the information from the American Agents, which their wants or the successful completion of their designs rendered necessary. On one occasion they blockaded for a length of time in the harbour of Gibraltar a vessel carrying the flag of the enemy; on another the Commodore of the American Ships on a false report, (as it appeared) that the Tripolines were equipping a corsair in the harbour of Mahon in the Island of Minorca, entered that port with the avowed intention of ascertaining the fact and of watching the enemy’s movements.
No one I think could call in question consistently with the principles which I have presumed to lay before you, these rights of the United States; and I really do not see how their justice or their necessity can be at all weakened by increasing in any assigned ratio the power, the ingenuity, or the civilization of the enemy. 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); Tr (PRO: Foreign Office, ser. 5, 38:239–44). RC docketed by Wagner as received 17 Aug.


Title: To James Madison from Edward Thornton, 13 August 1803
From: Thornton, Edward
To: Madison, James

Sir,
Philadelphia 13th August 1803
I have the honour of transmitting to you the copy of a letter, which His Majesty’s Consul at Norfolk has received from Captain Douglas relative to the affair of the French Ship Anne of Bordeaux, and I lay it before you without extenuation, because although he expresses himself with some warmth on the improper language made use of by the French Consul at Norfolk, and which neither the occasion nor the circumstances justified, I am persuaded, that the sentiments of respect which he professes to entertain for the government of the United States are equally genuine and sincere, as they are conveyed with the same unaffected warmth of language.
I do not pretend, Sir, to defend the irregularity of sending a boat to examine a foreign vessel lying within the territorial protection of the United States, although I must own that it may be in a certain degree excused by the perfect freedom from any intention of offering disrespect either to the American or French Governments. And although it may admit of considerable palliation—on the one hand from the misconstruction it discovers of the general instructions given to His Majesty’s Officers, which certainly were not meant to be applied to the cases of foreign vessels within the territory of another foreign Sovereign; and on the other hand from the usage generally allowed between maritime nations (which Captain Douglas alludes to) of mutually enquiring after and surrendering deserters from each other’s service.
I hope the President will have the goodness to see in the candour of Captain Douglas’s explanation a pledge, that no future occasion will be furnished of re-iterating the same complaint. I have the honour to be with perfect truth and respect, Sir, Your most obedient humble servant,
Edwd Thornton

   RC and enclosure (DNA: RG 59, NFL, Great Britain, vol. 2); Tr, two copies (PRO: Foreign Office, ser. 5, 38:260–61, 262–63). RC docketed by Wagner as received 17 Aug. For enclosure, see n. 1.

   The enclosure is a copy of John Erskine Douglas to John Hamilton, 15 June 1803 (6 pp.; docketed by Wagner), justifying the former’s conduct in searching the French ship Anne for British deserters.


Title: To James Madison from John Mitchell, 14 August 1803 (Abstract)
From: Mitchell, John
To: Madison, James

14 August 1803, Le Havre. Informs JM that the ships from Lisbon that have certificates from the French commercial agent were permitted to discharge their cargoes “this Day.”

   RC (DNA: RG 59, CD, Havre, vol. 1). 1 p.; docketed by Wagner.

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


Title: To James Madison from Jeremiah Lawrence, 15 August 1803
From: Lawrence, Jeremiah
To: Madison, James

Sir
Nantucket 15th August 1803
I beg leave to state that David Worth and myself were sole owners of the Schooner Mary of Nantucket which we fitted for a Whaling Voyage to the Cape de Verd Islands and elsewhere, David Folger Master, who sailed from this Port in the said Schooner on the 14 of July 1802 and proceeded on his said intended Voyage & after cruising near the said Islands until the 24th of November, and had obtained 80 bbls of Spermaceti Oil, he went from thence to the West India Islands and had obtained 100 bbls more of Sperma Oil in the Caribbean Sea, and while prosecuting the said Whale fishery on the south side of the Island of Hispaniola about 9 leagues eastward of Jaquemel and five leagues from the Land, the said Schooner Mary together with the Sloop Union William Clisby Master and Sloop Dolphin Silvanus Smith Master ⟨both?⟩ of Nantucket who were also pursuing the Whale Fishery ⟨at th⟩at place, were taken by the french National Schooner Telegrap⟨h⟩ of 12 guns (Captn Antonio San Quint) and carried into said Jaque⟨mel⟩ where the said Masters and their Crews were imprisoned and finally their Vessels condemned, (as the said Masters were informed) upon a Ch⟨arge⟩ of having been trading with the Brigands on the Coast, which said Charge was altogether false and unfounded as they had no Article of Commerce on board, and the whole intent and object of the Voyage was the said Whale Fishery, and after many fruitless efforts to recover the sd. Vessel, the said Master proceeded to Port au Prince (and left the rest of the Crew imprisoned some of whom were already dead & others sick,) and took Passage from thence to P⟨hi⟩ladelphia where he arrived the 26th of July & finally got home at this place on the 12th Inst. Most of the above recited circumstances among other things are set forth in the enclosed Protest of the said Master, I have also enclosed a Certificate from the Collector of the Customs of this Port to prove the property & Citizenship of the Crew, and also a Certificate from the Select Men of this Town for the same purpose.
Under these above recited Circumstances I hereby solicit the Wise interference of the Executive Authority and request that you would point out the legal steps that I must take in this Business, for the purpose of obtaining satisfaction for the damages occasioned by the illegal unlawful and unjust proceedings of the Officers of the french Government, and to obtain the liberty and release from Cruel confinement of many of the Citizens of the United States who were left by Captn Folger and probably now remain in loathsome imprisonment in the said Port of Jaquemel. With due respect and esteem I am your most Obedient & most Humble Servant
Jeremiah L[…]

   RC (N). Docketed “Schr. Mary / Sloop Dolphin / Union”; torn. Enclosures not found.

   The owners of the three ships protested the decision of the prize court at Jacmel to the Council of Prizes, which finally rejected their appeal on 28 Nov. 1810 (Bonnel, La France, les États-Unis, et la guerre de course, pp. 182–83).

   This was probably Jeremiah Lawrence (1769–1827) (Columbian Centinel, 29 Dec. 1827).