Title: To James Madison from Andrew Ellicott, 29 December 1801
From: Ellicott, Andrew
To: Madison, James

Dear SirLancaster December 29th. 1801
Some time ago I completed a map of the Mississippi, from the mouth of the Ohio, to the Gulf of Mexico; to which is added the southern boundary of the U. S. and the whole of West Florida. A manuscript explanation of the map, with some account of the country, was forwarded to the President about two months ago; but want of an opportunity, and the difficulty of finding a person willing to take charge of so large a work as the Chart, has yet prevented my sending it on.
I am told that my letter to you relative to Winthrop Sargent is published, I know not how this has happened, neither do I know that I possess a copy, but if I do, I am confident that it has never been communicated to any person living.
My opinion respecting the political situation of the Missippi Territory, is not altered by any of the subsequent events which have taken place since I left it; but on the contrary strongly confirmed by letters, which I am constantly receiving from the best informed, and most virtuous of the inhabitants, from those men, who aided me with their council, and advice, and continued firm in their attachment to the United States in the most trying of circumstances, and at a time when it was very doubtful, whether our exertions would be either approved of, or seconded by the executive of the U. S. Those men have now fallen into the back-ground. Mr. Dunbar writes to me, that he has declined all publick business; it is impossible for him, and many other Gentlemen of that district, to act in unison with Mr. Hutchins, and his party; and the appointment of Mr. Hunter to Congress has completed his disgust, and would convince me was there no other evidence, that the inhabitants of that territory, are not yet sufficiently matured for a representative government. On this subject I wrote very fully to Mr. Pickering on the 24th. of September 1797: that letter before it was sent, met with the unanimous approbation of the Permanent Committee, who were to that country, what the Continental Congress of 1774 was to this.

This Mr. Hunter, who is sent to Congress, and permitted to take his seat, was a Captn. in the Spanish Militia when I arrived at Natchez. He was brought forward, furnished with money, and patronised by Major Minor of the Royal Armies of Spain. Major Minor who being an American by birth, at all times felt a prejudice in favour of his countrymen, and country, had formed a plan, which if executed would have completely developed the duplicity of the Spanish government. He communicated the plan to me, and proposed employing Mr. Hunter to carry it into effect; to which I objected, tho I had employed him some months before to bring my despatches on to our government, but he returned a Monarchist. Notwithstanding my objections, Major Minor supposed himself safe in making the communication to Mr. Hunter, with a proposal to execute the plan. But to his astonishment, and not a little danger, he found himself immediately betrayed to his own government. But as the matter had been confined to us three, and Mr. Hunter not knowing to this day that I was acquainted with it, and therefore had no evidence to call upon, I advised Major Minor to invalidate the accusation as much as possible by contrasting his reputation for honour, and veracity, with those of his opponent; which comparison was so much against Mr. Hunter, that Major Minor came off without injury. You will readily concieve that this anecdote is intended to be confidential, but if the truth of it should be doubted, I have no objection to Major Minor being called upon to substantiate it, provided it be done in confidence.
Whatever theorists, and speculatists may say, and write about government, I am convinced that in all well regulated representative governments, a majority of the people will be found virtuous, and well informed: and where these qualities are wanting in a free government, virtue, and talents will be both dreaded, and persecuted; of the truth of this remark, the history of the Grecian Republics furnishes numerous examples. Mankind always wavering, if not checked by some resisting medium, will constantly vibrate from one extreme, to the other. Under the former Administration we sought for one extreme, I feel such a confidence in the present, that I have no fears of going to the other: But it is not impossible, governments must have officers, they are the members of the body politick; but if too numerous, they deprive the body of the necessary nourishment, and should be lopped off as excrescences: and if not sufficiently numerous, the body will languish for want of support. But to return from this digression. The best informed, most wealthy, and virtuous part of the inhabitants of the Mississippi Territory, were opposed to the change of government; and for this plain reason, because they would not only be governed by the most worthless part of the community, but have to support the government in the bargain, being the principal holders of the property.

The present house of Delegates for that Territory, can boast of several characters not equalled by an equal number, in any publick body perhaps in the universe: among those Mr. Hutchins, now, or late a Major on the British Military establishment is the most prominent, and particularly conspicuous for the massacre of Lieut. Harrison of the Army of the U. S. and his men at the white Cliffs. Capt. Burnet is likewise an eminent character, and entitled to considerable notice for plundering the frontier inhabitants of the state of Georgia of about 24 negroes, which he took over the Mississippi and sold. Mr. Ashly another member of that honourable body, and a sort of Chaplain to Mr. Huchins, makes no contemptible figure, he combines divinity, with considerable dexterity in taking negroes, and horses, not his own: for the latter qualities he was followed from Georgia, into the Mississippi Territory, by Mr. William Morse. For such men Mr. Hunter is a proper representative. If good order, virtue, and reputation were the objects, why not elect such men as Wm. Dunbar, Geo. Cochran, Peter Walker, Col. Bruin, Captn. John Gerault, who was a distinguished officer under General Clarke in Ilinois expedition, or many others I could mention, who would do credit to the representation of any State in the Union?
In making those remarks I have no other object in view than truth, I think it necessary that the political situation of that Territory should be understood. I am asking nothing more for my friends in that country, who I know to be friends to the U. S. than the good opinion of the present Administration, whose views I am confident are truly honourable, and whose constant endeavours will be directed to the security of that liberty, to which our citizens are entitled, and in which consists the greatest dignity of Man. I am with great esteem, and respect your sincere friend
Andw; Ellicott.

   RC (NHi: Gallatin Papers); FC (DLC: Ellicott Papers).

   Ellicott to JM, 27 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:233). The pamphlet containing the text of Ellicott’s letter, Political Intolerance … Exemplified in a Recent Removal from Office (Boston, 1801; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 1163), was the subject of a two-part article in the National Intelligencer, 30 Oct. and 2 Nov. 1801.

   On William Dunbar, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:151 and n. 4.

   Eighty-two-year-old Anthony Hutchins (1719–1804), a leader of the anti-Sargent faction, had moved to the Natchez region in 1773. A Loyalist during the Revolution, Hutchins was denounced as a British agent by Ellicott after Sargent arrived to establish American territorial government (Journal of Andrew Ellicott, pp. 194–96; Rowland, Mississippi, 1:911–14).

   Narsworthy Hunter was a Natchez landholder who had befriended Ellicott. In 1797 he traveled to Philadelphia with dispatches from the commissioner to the secretary of state. Ellicott said that he returned as an advocate of presidential power who claimed to hold a federal commission. In 1799–1800 Hunter represented the anti-Sargent forces at the federal capital. He was elected first territorial representative in 1801 but died in office in 1802 (Journal of Andrew Ellicott, p. 163; Rowland, Mississippi, 1:909; Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 997).

   An aide to Gov. Manuel Gayoso de Lemos at Natchez when Ellicott met him, Stephen Minor had served as the Spanish commissioner on the surveying party (Rowland, Mississippi, 2:247–49; Journal of Andrew Ellicott, p. 55).

   In February 1778 a force under the command of Capt. James Willing scoured the Natchez area on behalf of the American cause. Loyalist Anthony Hutchins was taken as a prisoner to New Orleans, from where he soon escaped and returned to Natchez. A party led by Lt. Reuben Harrison, sent to recapture him, was attacked at White (or Ellis’s) Cliffs and Harrison was killed (Journal of Andrew Ellicott, pp. 129–32; Rowland, Mississippi, 1:912, 2:546–47).

   Daniel Burnet, associated with the Hutchins faction, accompanied Ellicott on the boundary expedition as a deputy surveyor (Rowland, Mississippi, 1:327).

   Winthrop Sargent described Robert Ashley as a fugitive and an indicted horse thief. Ellicott described him as a fugitive and former Georgia Baptist minister (Sargent to secretary of state, 25 Aug. 1800, Papers, Relating to the Official Conduct of Governour Sargent, p. 43; Journal of Andrew Ellicott, p. 142).

   George Cochran, a contractor for the boundary commission, was instrumental in obtaining Spanish permission for Ellicott’s military escort. Peter Walker, who managed Governor Gayoso’s plantation after his departure from Mississippi, was clerk of the Adams County court until 1802. John Girault, who had served with George Rogers Clark’s Illinois regiment during the Revolution, was recorder during the Spanish regime. His close friend Sargent appointed him to succeed Cato West as Pickering County militia commander (Rowland, Mississippi, 1:789–90, 2:551, 890; Journal of Andrew Ellicott, pp. 109–10). On Judge Peter Bryan Bruin, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:151 and n. 3.


Title: To James Madison from Thomas Jefferson, 29 December 1801
From: Jefferson, Thomas
To: Madison, James

Sir
Washington Dec. 29. 1801.
Having no confidence that the office of the private secretary of the President of the US. will ever be a regular & safe deposit for public paper⟨s⟩ or that due attention will ever be paid on their transmission from one Secretary or President to another, I have, since I have been in office, sent every paper, which I deem meerly public, & coming to my hands, to be deposited in one of the offices of the heads of departments; so that I shall never add a single paper to those now constituting the records of the President’s office; nor, should any accident happen to me, will there be any papers in my possession which ought to go into any public office. I make the selection regularly as I go along, retaining in my own possession only my private papers, or such as, relating to public subjects, were meant still to be personally confidential for myself. Mr. Meredith the late treasurer, in obedience to the law which directs the Treasurer’s accounts to be transmitted to & remain with the President, having transmitted his accounts, I send them to you to be deposited for safe keeping in the Domestic branch of the office of Secretary of State, which I suppose to be the proper one. Accept assurances of my affectionate esteem & high respect.
Th: Jefferson

   RC (DNA: RG 59, ML); FC (DLC: Jefferson Papers).

   JM probably received Samuel Meredith’s accounts for the period 1 July to 30 Sept. 1801. Jefferson had already sent a copy of these accounts to the Senate on 11 Dec. (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 17).


Title: To James Madison from Thomas Jefferson, [29 December] 1801
From: Jefferson, Thomas
To: Madison, James

Circular.
Dear Sir
[29 December 1801]
To compleat the roll of governmental officers on the plan inclosed will give the departments some serious trouble: however it is so importan⟨t⟩ to present to the eye of all the constituted authorities, as well as of their constituents, & to keep under their eye, the true extent of the machine of government, that I cannot but recommend to the heads of departments to endeavor to fill up, each, their portion of the roll as compleatly as possib⟨le⟩ and as early too, that it may be presented to the legislature. Health and affectionate respect.
P. S. As the Postmaster general has a part to perform, will you instruct him accordingly? I inclose a spare copy of the papers which you can hand him.

   RC and enclosed outline (DNA: RG 59, ML); FC (DLC: Jefferson Papers). Date and signature clipped from RC. Also enclosed was a partial Tr of Gallatin to Jefferson, 27 Dec. 1801 (DLC). For enclosures, see n. 1.

   Jefferson enclosed a seven-page outline, in a clerk’s hand, of a federal civil and military roster dividing government employees into two broad classes, one of which collected revenue and the other of which received it from the treasury. Each class was further subdivided by department. Not since 1792, when Hamilton had compiled a list of civil officers only, had the government undertaken such a project. Gallatin had enclosed the outline in his 27 Dec. letter to Jefferson, a partial transcript of which was also forwarded to JM. A description of the various headings listed on the outline and the completed report compiled under those headings, which reached Congress 17 Feb. 1802, is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:260–319 (see Cunningham, Process of Government under Jefferson, pp. 23–25).

   In response to this request, Wagner compiled a list of State Department clerks, ministers, consuls, and agents and their salaries or other compensation, which was forwarded to Jefferson (DLC: Jefferson Papers; filed under December 1801).

   See Gideon Granger to JM, 5 Jan. 1802.


Title: To James Madison from Rufus King, 29 December 1801
From: King, Rufus
To: Madison, James

No. 46.
Sir,
London Decem. 29. 1801.
Some Time since Mr. Balan, the Prussian chargé d’affaires requested me to forward two Letters to Mr. Polaske and Mr. Schultze, the Prussian Consuls at Philadelphia and Baltimore, and at the same time desired me in the name of his Court to inform you that both these Officers had been dismissed. I suggested to him that as this Communication might become the ground of an Act of our Government, recalling its Exequatur to these Consuls it would be proper that it should be made in a more authentic shape, and that it might prevent misapprehensions, if the cause of their dismission should likewise be mentioned. He acquiesced in this observation, and sent me a Note, the copy whereof is annexed, together with the two Letters, which are herewith enclosed. With perfect respect and Esteem, I have the honour to be Sir, Your ob. and faithful servant
Rufus King

   RC and enclosure (DNA: RG 59, DD, Great Britain, vol. 9); letterbook copy and copy of enclosure (NHi: Rufus King Papers, vol. 54). RC in a clerk’s hand, signed by King. For enclosure, see n. 1.

   The 22 Dec. 1801 note from Balan to King (1 p., in French) stated that Schultze was removed because of his insolvency. No reason was given for Paleske’s dismissal. JM announced on 15 Apr. 1802 that Charles Godfrey Paleske and Johann Ernst Christian Schultze had returned their exequaturs and ceased their official functions (National Intelligencer, 18 Apr. 1802).


Title: To James Madison from João de Almeida de Mello e Castro, 29 December 1801 (Abstract)
From: Mello e Castro, João de Almeida de
To: Madison, James

29 December 1801, Lisbon. Thanks JM for his 13 Nov. letter transmitting one from Jefferson to the prince regent on the birth of an infanta.

   RC (DNA: RG 59, CD, Lisbon, vol. 1). RC 1 p.; in Portuguese. Enclosed in Bulkeley to JM, 2 Feb. 1802 (first letter).


Title: To James Madison from John Gavino, 29 December 1801 (Abstract)
From: Gavino, John
To: Madison, James

29 December 1801, Gibraltar. Reports that frigate Boston arrived on 22 Dec. and brought him JM’s letter of 3 Oct. [not found] with two enclosures for Cathcart that he forwarded to Appleton at Leghorn. Has just been informed that Swedish admiral Cederström is at Málaga with four Swedish frigates and orders to cooperate with Commodore Dale against the Tripolitans.

   Partial Tr (DNA: RG 46, President’s Messages, 7A-E2). 1 p. Headed “Extract of a letter from John Gavino Esquire Consul of the United States of America at Gibraltar to the Secretary of State—dated 29 December 1801.” Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:381–82. Transmitted by Jefferson to Congress on 1 Mar. 1802 (see ibid., 2:381). Gavino may have enclosed a copy of a 28 Nov. 1801 letter he had received from O’Brien, which Jefferson sent to Congress the same day (ibid., 2:382; see Gavino to JM, 11 Jan. 1802).


Title: To James Madison from Louis-André Pichon, 30 December 1801
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Georgetown le 9. Nivose an 10.(30. Xbre. 1801)
J’ai l’honneur de vous adresser, Sous ce pli, des pieces dans lesquelles le Capitaine Buisson, Supercargue de la Goelette La Peggy, qui fait partie des propriétés à Restituter, réclame des effets qui ont été pris à Son bord par les capteurs ou détruits dans l’acte de la capture; ces circonstances ont été reconnues et confessées dans le cours de la procédure par les capteurs; et Je présume que le département de la Marine en Sera informé. En tout cas, Monsieur, Si le principe de leur restitution est admis, comme J’en ai la confiance, il Sera facile d’en déterminer le montant, d’une maniere équitable et d’après des estimations correctes, Si celles du Capitne. Buisson n’étaient pas trouvées telles. Agréez, Monsieur, mon respect avec l’assurance de ma parfaite considération.
L. A. Pichon

Condensed Translation
Sends enclosures in which Captain Buisson of the schooner Peggy lists property and effects taken or damaged in its capture. Captors have acknowledged the circumstances in court; presumes the Navy Department will be informed. If the principle of restitution is acknowledged and Buisson’s estimates are correct, it will be easy to determine the value in an equitable manner.

   RC and enclosures (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon. For enclosures, see n. 1.

   Pichon enclosed two lists, one of the stores on board the Peggy when it was captured in May 1800 by the Trumbull (2 pp.; in French) and the other of the property claimed by Captain Buisson (2 pp.; in French). Both enclosures are dated New York, 29 May 1800, signed by Buisson, and docketed by Wagner as received in Pichon’s letter of 30 Dec. 1801.


Title: To James Madison from Samuel Cabot, 30 December 1801 (Abstract)
From: Cabot, Samuel
To: Madison, James

30 December 1801, Boston. States that “in a letter from the Secretary of the Treasury dated Septr. 14th, he observes to me that a settlement of my accot (the recet. of which he acknowledges) was delayed for your return to Washington, which was expected to take place the following week.” Has heard nothing further since then and requests JM’s attention to the business so the account may be settled.

   RC (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). 1 p.; docketed by Wagner.

   On 7 Sept. 1801 Cabot sent Gallatin an account of his expenses as assessor with the commission on spoliations, which was then referred to the treasury accounting office, but Gallatin informed him that the principle on which it would be settled would have to be established by JM after he returned to Washington (Gallatin to Cabot, 14 Sept. 1801, reproduced in Papers of Gallatin [microfilm ed.], reel 5).


Title: From James Madison to George W. Erving, 31 December 1801
From: Madison, James
To: Erving, George W.

Dear Sir
Washington Decr. 31. 1801
You will receive this from the hands of Mr. Christie heretofore a member of Congress from the State of Maryland. He proposes a visit to England, and I beg leave to make him known to you as a fellow citizen entitled to your esteem & civilities. As he leaves this country at an interesting moment in our public affairs, he will be able to give you a variety of information which cannot be detailed in a letter, and which will be acceptable to you. Refering you to him for this purpose, I remain very sincerely Your Most Obedt. hbe set
James Madison

   RC (MH: Dearborn Papers). Cover marked “Mr. Christie” by JM.

   Maryland Republican Gabriel Christie had served three terms in the House of Representatives, 1793–97 and 1799–1801.


Title: To James Madison from Robert R. Livingston, 31 December 1801
From: Livingston, Robert R.
To: Madison, James

Dear Sir
Paris 31st. Decr 1801.
I have so lat[e]ly written to you that I have little to add but what is contained in my letters to you & one to the president which he will communicate to you.
I enclose a letter which I send by this conveyance to Mr. King (this going round by England) which I hope you will approve. This business of Luissania is very disagreeable as far as I can learn to Spain, if it should be equaly so to Britain perhaps it may meet with some obstacles tho I find it a very favorite measure here. Marbois told me yesterday that it was considered as important to have an outlet for their turbulent spirits yet would not explicitly acknowledge that the business had been concluded. The Absence of the minister who is gone to Lyons to meet the Cisalpine deputies puts a stop to all public business. As soon as he returns I shall address notes to him relative to the prizes & the debts—on which subject I have had conferences with the Danish & Sweedish Envoys who are in the same predicament with the US. & who speak very dispairingly of their prospects. As to ourselves I must frankly own to you that we by no means stand as [I] would wish with this government. It has nothing that can be called republican in its form & still less in its administration. The royal governments are in high favor and I am satisfied that the change in the politicks of the united States is not what they would have wished. Mr. Jeffersons speach has been severely commented on by the first Consul & it is proper that you should be informed of the following anecdote, but it is also proper that it should be known only to yourself & the president for you will easily see what use may be made of it in the United States. The national institute informed the first consul of their intention to nominate Mr Jefferson & Mr. Sheridan to vacant places in their body. He sent them word that the choice of either would be improper, that they were both Jacobins. And in fact the whole court party voted against him. You may judge from this how little satisfaction I am like to receive from my mission since my character as a republican is so well known. I find that Mr. Murray would have been very agreeable here, & I mention it that you may act as exigencys require without the smallest personal attention to me since I shall feel no reluctance in submitting to any measure that the public interest may demand. I enclose the copy of a note on the subject of the Pegou to which the absence of the minister prevents my having an answer. ⟨There are a number⟩ of small sea ⟨ports that have⟩ no consuls & there are many people ready to accept the places & to give the requisite aid to the seamen that may by storms or accidents be driven into them. The Consul genl. thinks that it wd be proper to invest the ministers with powers to fill them & other accidental vacancys. I have the honor to be with the highest essteem & most respectful attatchmt Dear Sir Your Most Obt hum: Servt
R R L
N B. I beg leave to mention to you Mr. Waldo an american who is now here who wishes & would accept the commercial agency at Marseilles if this government should not agree to the establishment of Mr. Catalan. I never was acquainted with him before I came here but Mr. Skipwith & Mr. Sumter have long known him & speak highly of his integrity and qualifications for such an appointment.
Whatever his political sentiments may be or those of his friends they assure me he has too much honor to accept a place under an administration that he could not serve with pleasure & fidelity and they believe from the correctness of his disposition & deportment the public would be well served as well as individuals by this gentleman. You will be applied in his behalf by Messr. Gerry & Lincoln who are well acquainted with him & his connections.

   Draft (NHi: Livingston Papers); first enclosure (DNA: RG 59, DD, France, vol. 8); letterbook copy and copy of second enclosure (NHi: Livingston Papers, vol. 1). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded. Words in angle brackets are obscured by blots in the draft and have been supplied from the letterbook copy. Postscript to draft in the hand of Thomas Sumter, Jr., who docketed the draft, “30. December 1801,” and noted, “Sent by Captn. Crocker by way of London.” Letterbook copy dated 30 Dec. RC not found but acknowledged in JM to Livingston, 16 Mar. 1802 (DNA: RG 59, IM). Minor differences between the draft and the letterbook copy have not been noted. For first enclosure, see n. 2; for second enclosure, see n. 4.

   Livingston to Jefferson, 26 Dec. 1801 (DLC: Jefferson Papers; docketed by Jefferson as received 5 Mar. 1802). A coded postscript states that the twelve thousand French troops sent to Saint-Domingue would be sent on to Louisiana if they met no resistance from Toussaint.

   Livingston enclosed a copy of his 30 Dec. 1801 letter to Rufus King (4 pp.; docketed by Wagner), in which he reported hearing from various sources that the terms of the Louisiana cession had been settled before his arrival. He also repeated his information that part of the Saint-Domingue armament might go on to Louisiana. Livingston inquired about the likely British reactions to such developments, which he predicted would give France “every commercial and political advantage” while leaving Spain “in a perpetual state of pupilage, since she must always tremble for the safety of her colonies.” He also feared that the cession would subject both the western territory of the U.S. and the British possessions in Canada and the West Indies to French political and commercial power. Livingston therefore urged King to encourage the British ministry to obstruct the transfer of Louisiana and to foster mutual jealousy between France and Britain while maintaining an appearance of American indifference (extract printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:512).

   Playwright Richard Brinsley Sheridan was an early friend of the French Revolution.

   Livingston to Talleyrand, 18 Dec. 1801 (2 pp.). The American merchantman Pégou, John Green master, had been seized by two French privateers in December 1798 on the grounds that it was armed and that the ship’s papers were irregular. After trials and appeals before three tribunals, the vessel was returned to the captain by the Council of Prizes on 29 May 1800 (ibid., 2:439; Ulane Bonnel, La France, Les Etats-Unis et la guerre de course, 1797–1815 [Paris, 1961], pp. 75–76, 353).

   Fulwar Skipwith had informed Livingston that the French government did not allow commercial agents to function outside the ports specifically mentioned in their commissions. The result was hardship for those Americans who were driven by bad weather into ports without agents. To alleviate such difficulties Skipwith had suggested that Livingston appoint subagents to those ports on a temporary basis (Skipwith to Livingston, 14 Dec. 1801 [DNA: RG 59, CD, Paris, vol. 1]).

   President John Adams had nominated Massachusetts native John Jones Waldo to be commercial agent at Nantes in February 1801 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:381).

   On the letterbook copy, Thomas Sumter, Jr., added: “Note this postscript in the original is in my writing having been desired by the minister to add it after he had finished his letter.”


Title: To James Madison from Andrew Ellicott, 31 December 1801 (Abstract)
From: Ellicott, Andrew
To: Madison, James

31 December 1801, Lancaster. Since writing the enclosed, has given the map to Duane who will deliver it. Examination of it will require reference to the manuscript sent the president.

   RC (NHi: Gallatin Papers). 1 p. Cover marked by Ellicott: “Captn. William Duane.”

   Ellicott to JM, 29 Dec. 1801.

   See Ellicott to JM, 24 Nov. 1801, and n. 1.


Title: From James Madison to William Arnold & Son, 1 January 1802 (Abstract)
From: Madison, James
To: William Arnold & Son

1 January 1802, Department of State, Washington. Returns papers the firm had sent concerning the seizure of a ship “under circumstances, which Seem to bring it within the Clause of the Convention with France providing for restitution.” Suggests that the papers be forwarded to Livingston, the U.S. minister at Paris, who has been charged with pursuing such claims, or to the firm’s correspondent at Paris. The fourth article of the convention, which has been published, designates the proofs that will be required.

   Tr (DLC: Causten-Pickett Papers, box 47). 1 p.; marked “(Circular)”; addressed to Arnold & Son at “East Greenwich.” Enclosures not found.

   The complete text of the Convention of 1800 was published in the National Intelligencer, 23 Dec. 1801.


Title: From James Madison to David Lenox, 1 January 1802 (Abstract)
From: Madison, James
To: Lenox, David

1 January 1802, Department of State, Washington. Acknowledges receipt of Lenox’s 12 Oct. letter and enclosures as well as his earlier letters. It is hoped that American seamen will be discharged from British service as ships return to England with the advent of peace. Accordingly, the president consents to Lenox’s return home in the spring. Erving, the consul at London, will handle any remaining business of the agency.

   RC (PHi); letterbook copy (DNA: RG 59, IC, vol. 1). RC 1 p.; in a clerk’s hand, signed by JM. Cover marked “By Mr. Christie.”


Title: From James Madison to David Lenox, 1 January 1802 (Abstract)
From: Madison, James
To: Lenox, David

1 January 1802, Department of State, Washington. Encloses proofs of citizenship for Thomas G. Lay, supplied by Roger Griswold, and for Henry Bowlen.

   RC (NjP: Crane Collection); letterbook copy (DNA: RG 59, IC, vol. 1). RC 1 p.; in a clerk’s hand, signed by JM. Enclosures not found.


Title: To James Madison from John E. Caldwell, 1 January 1802 (Abstract)
From: Caldwell, John E.
To: Madison, James

1 January 1802, Santo Domingo. Encloses account of American vessels in port during previous six months.

   RC (DNA: RG 59, CD, Cap Haitien, vol. 4). 1 p.; marked duplicate. Enclosure not found.

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


Title: To James Madison from John Church, 1 January 1802 (Abstract)
From: Church, John
To: Madison, James

1 January 1802, Cork. Encloses return of U.S. products imported into Cork during the last year as requested in JM’s 1 Aug. circular letter.

   RC (DNA: RG 59, CD, Cork, vol. 1). 1 p. Enclosure not found.

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


Title: From James Madison to James Monroe, 2 January 1802
From: Madison, James
To: Monroe, James

Sir
Washington Dept. of State Jany 2. 1802
I beg leave to inclose you a complaint transmitted to this Department by the Agent of the U. States at Jamaica, of certain frauds in the case of flour shipped to that Island. As the facts stated have reference to places within the State of Virginia, it is thought most proper to communicate them to you, who will be best able to decide on the manner & measure of enquiry due to the subject. With perfect respect I have the honour to remain, Sir, Your most Obedient hble servt.
James Madison

   RC (Vi: Executive Papers); Tr and Tr of enclosures (Vi). Cover of RC marked “Copied for the Legislature.” Tr of enclosures 2 pp.; see n. 1.

   JM enclosed an extract of William Savage’s 9 Oct. 1801 dispatch with annexed affidavits attesting that recently arrived casks of flour were as much as 23 percent below the standard weight of 215 pounds. Monroe sent JM’s letter to the Virginia Senate on 12 Jan. 1802 (Journal of the Virginia Senate, Dec. 1801 [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols. to date; New York, 1958—). 3475], p. 40).


Title: To James Madison from William Cooke, 2 January 1802 (Abstract)
From: Cooke, William
To: Madison, James

2 January 1802, Havana. Appends a copy of his 27 Nov. 1801 letter and expresses hope that European peace will expedite his case against Spanish authorities in Havana and bring restitution for the wrongs he suffered there. Plans to sail soon for Charleston, where he will await JM’s reply. Will leave from there for Spain or Washington if JM thinks it necessary.

   Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, 62B). 2 pp.


Title: To James Madison from Edward Jones, 2 January 1802 (Abstract)
From: Jones, Edward
To: Madison, James

2 January 1802, Port de la Liberté. Reports his arrival and encloses documents: (1) “Embargo”; (2) “Sending away Genl. Lacrosse”; (3) “Address of the Americans”; (4) “Letter to the first Consul”; and (5) “Answer to Genl. Lacrosse.” All these papers relate to the “late change of Administration in this Island.” At present, “everything is perfectly quiet” and property is safe.

   RC (DNA: RG 59, CD, Guadeloupe, vol. 1). 1 p. Enclosures not found.

   Jones had been appointed commercial agent at Guadeloupe in July 1801. On 21 Oct. 1801 revolutionaries led by the mulatto general Magloire Pélage had overthrown Governor Lacrosse, imprisoned him briefly, then deported him to Denmark. An extract from Jones’s dispatch—reporting the prevailing mood of calm—appeared in the National Intelligencer on 1 Feb. 1802. See also Shelby T. McCloy, The Negro in the French West Indies (Westport, Conn., 1966), p. 107.

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


Title: To James Madison from William Vans Murray, 3 January 1802
From: Murray, William Vans
To: Madison, James

Sir,
George Town 3 Jany 1801. [1802]
A few days before I quitted the Hague, Mr. Vander Goes the Minister of Exterior Relations wrote to me, to offer the customary Present on taking Leave.
I saw him, & told him, before I answered his note, that I could not accept a present. He urged that all things considered I could not refuse. I then wrote to him requesting him to Keep the Present till I should have permission to receive it.
He insisted that the customary Present on Leave could not have been intended by our constitution, as it is a ceremony of Amity.
This present I learned is of the manufacture of Holland—fine Linnen—& worth about eighteen hundred guilders, of which three hundred are for the Secretary.
If a distinction exist in the mind of the President between the customary & the extraordinary presents, I should be gratify’d by his permission to accept.
A line from you Sir expressing the President’s opinion (for I take the liberty of requesting that no legislative notice be taken of the doubt—) would be considered by me as satisfactory in either result, & on your part as extremely obliging.
I leave town to day. My address is at “Cambridge E. S. Maryland, New Market Post office.” I have the honour to be with great respect Sir your mo. ob. set.
W. V. Murray.

   RC (DNA: RG 59, DD, Netherlands, vol. 4).

   Wagner corrected the date to 1802.


Title: To James Madison from Tench Coxe, 4 January 1802
From: Coxe, Tench
To: Madison, James

Dear Sir
Philada. Jany 4. 1802.
I find among my collection of documents in relation to our foreign trade a book full of tables, statements, and representations, which tho written under a very different state of things from that now existing, must be of considerable use in estimating our prospects. I have the pleasure to send it by the mail, of Monday the 4th. Jany. & I retain this letter one day that it may serve as an advice. It appears to me highly advisable that a part of the library fund should be applied to the importation of such publications, if there is no other. Our ministers, consuls, officers of the customs &ca. have many opportunities to collect such valuable materials and are frequently able to give the best information and opinions upon such commercial affairs as they are daily led to ⟨witn⟩ess and consider. Our comml. system engages much attention. I am, Sir, yr. respectful hble Servt.
Tench Coxe
The return of the book sent is not absolutely necessary, but, if it can be spared, it would be agreeable to receive it after the session of Congress.

   RC (DLC). The book sent by Coxe has not been identified.


Title: To James Madison from John Graham, 4 January 1802
From: Graham, John
To: Madison, James

Sir
Bordeaux 4th Jany 1802.
The Letter which I had the Honor of addressing to you from Nantes, will have informed you of my going to Paris, & of the reasons which induce’d me to do so. As this Journey was undertaken with the advice of Mr Levingston, I hope, you will not think, I have done wrong in deviating from my most direct route to Madrid.
Disappointed in the Hope of finding Mr Pinckney in Paris, I waited there, until Mr Levingston could make up his opinion, as to the best mode of proceeding on the great Business in which they are instructed to cooperate. I thought it the more necessary to do so, as Mr Pinckney himself was not fully apprised of your wishes, when in Paris.
I much lament that the Information received by Mr Levingston is such, as to induce a beleif in his mind that we have nothing to hope for—that this Business is settled in the Way least desire’d by the United States & that any exertions of her agents at present, to counteract the arrangement, would only tend to produce ill will & unnecessary Jealousy.
Altho: I confess, almost all the accounts, which I have heared tend to corroborate this opinion; yet I cannot relinquish the Hope, that something may yet be done, correspondent to your Wishes. If a transfer is to take place, a purchase I think might be made of what we most desire, & that too upon easy terms, considering the Value of the Acquisition; provided offers were made before the breaking up of the Congress at Amiens.
Altho: I feel the greatest anxiety on this Subject, yet I am prevented from giving my opinions fully, by a fear that my Letter, may possibly not reach you, or if it does, that you m[a]y think I presume too far. I have been detained here a few days with the Hope of getting a companion or a Servant who spoke the Spanish Language; but shall be obliged to go without either. I start for Bayonne in a few hours, in the Courier, as it is the most expeditious mode of conveyance. I trust you will have received before this reaches you, some dispatches from Mr Levingston which I forwarded from this place in the Ship Orlando, bound for New York—there were four Packets for you, & one for the President from some Gentleman in Paris. With Sentiments of the highest Respect I have the Honor to be Yr. Mo: Obt Sert
John Graham
An Acquaintance of Mr Pinckney’s has receiv’d Letters from him dated at Madrid.

   RC (DNA: RG 59, DD, Spain, vol. 6).

   Letter not found.

   In his 9 June 1801 letter to Pinckney and his 28 Sept. 1801 letter to Livingston, JM instructed them to dissuade Spain from ceding Louisiana to France, if it was not too late, and to discourage the French from making such a request of the Spanish (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:275).


Title: To James Madison from Louis-André Pichon, 4 January 1802
From: Pichon, Louis-André
To: Madison, James

Monsieur,
Georgetown le 14. Nivose an 10. (4. Jer. 1802.[)]
J’ai l’honneur de vous adresser ci Jointe une note qui m’a été remise par le Capitaine du navire les deux anges et qui contient divers articles qui Semblent devoir être compris dans la restitution de cette propriété.
J’ai eu l’honneur il y a quelques Jours de vous entretenir de l’ancienne affaire du Cassius que le Gouvernement des Etats Unis pensera Sans doute devoir faire entrer dans la restitution. Ce Bâtiment armé et commissionné par la République fut arrêté dans le port de Philadelphie par des poursuites Judiciaires en 1793. et abandonné depuis par le Cen. Adet Ministre plénipotentiaire de la République Française; Si vous prenez la peine de recourir à la dépêche de Mr. Le Sécrétaire d’Etat à Mr. Pinkney en date du 16 Janvier 1797. vous verrez à l’article intitulé Sixieme Cas le Corsaire le Cassius, une explication très détaillée de l’origine et de la nature de l’affaire et cet exposé ne vous laissera pas de doute qu’il ne doive être compris au nombre des propriétés appartenant à la République qui Sont a restituer par les Etats Unis. Agréez, Monsieur, l’assurance de mon Respect.
L. A. Pichon

Condensed Translation
Forwards a note from the captain of the Deux Anges listing various articles that should be included in the restoration of this property. Conversed with JM a few days ago on the old matter of the Cassius, which the U.S. will undoubtedly think ought to be included in the restitution of property. This vessel, armed and commissioned by the French republic, was detained in Philadelphia by judicial proceedings in 1793 and subsequently abandoned by Citizen Adet. If JM takes the trouble to review the secretary of state’s 16 Jan. 1797 dispatch to Pinckney, he will see a detailed explanation of the case that will lead him to include it with the other property to be restored to France.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC in a clerk’s hand, signed by Pichon; docketed by Wagner as received 5 Jan., with his note: “The Two Angels / The Cassius.” For enclosure, see n. 1.

   The enclosure is a detailed listing of the cargo of the Deux Anges (1 p.; in French; docketed by Wagner as received in Pichon’s letter of 4 Jan. 1802), which had been captured by the Boston and condemned on 19 Apr. 1800. On 20 Apr. 1802 an award of $53,923.59 was ordered for the ship and its cargo (Knox, Naval Documents, Quasi-WarDudley W. Knox, ed., Naval Documents Related to the Quasi-War between the United States and France (7 vols.; Washington, 1935–38)., 6:410, 7:60, 311; Pichon to JM, 9 Dec. 1801, and enclosure).

   In his 16 Jan. 1797 letter to Charles Cotesworth Pinckney, which President Washington transmitted to Congress in a report on Franco-American relations on 19 Jan. 1797, Timothy Pickering had presented six examples of naval violations of the Franco-American treaties of 1778. The last concerned the case of the French privateer Cassius (formerly Les Jumeaux), fitted out at Philadelphia in violation of American law. Having captured the American-owned schooner William Linsay on the high seas, the Cassius conducted its prize to Saint-Domingue for condemnation. When the vessel returned to Philadelphia, the owner of the William Linsay issued a complaint, and the captain of the Cassius, an American citizen, was arrested. The courts eventually dismissed the case on the grounds that the affair came under French jurisdiction. A second charge of arming a privateer was dismissed on the grounds that the French government, to whom the ship now belonged, was not under the jurisdiction of the American courts (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 1:564–65, 629–39).


Title: From James Madison to the Speaker of the House of Representatives, 5 January 1802 (Abstract)
From: Madison, James
To: Speaker of the House of Representatives

5 January 1802, Department of State. In response to the 24 Dec. resolution of the House of Representatives, encloses a table of the comparative duties paid in British ports on goods imported there in American, foreign, and British vessels since 5 Jan. 1798.

   RC and enclosure (DNA: RG 233, Reports and Communications from the Secretary of State, 7A-E1.1); Tr (DNA: RG 233, Transcribed Reports and Communications from the Secretary of State, 5C-B1). RC 1 p.; in Wagner’s hand, signed by JM. Enclosure 6 pp. RC and enclosure printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Commerce and Navigation, 1:483–86.

   John Beckley had sent JM a copy of the resolution extracted from the House journal (DNA: RG 59, ML).


Title: To James Madison from Gabriel Christie, 5 January 1802 (Abstract)
From: Christie, Gabriel
To: Madison, James

5 January 1802, Annapolis. Requests postponement of his son’s appointment as consul for Madeira until after the son’s anticipated return from London in March. Wishes to withdraw application if an appointment is required before then.

   RC (DLC). 1 p.

   Christie had also asked JM to appoint his son Charles consul for Canton, but after hearing that John Marsden Pintard intended to resign as consul at Madeira, he renewed his recommendation of Charles for that post (Christie to JM, 20 Mar. 1802 [DNA: RG 59, LAR, 1801–9]).


Title: To James Madison from Gideon Granger, 5 January 1802 (Abstract)
From: Granger, Gideon
To: Madison, James

5 January 1802. In response to JM’s 30 Dec. order [not found], transmits a roll of the deputy postmasters for 1800. Also includes information on their place of service and payment, if available, and adds a list of newly appointed postmasters up to the first day of the present month.

   Letterbook copy (DNA: RG 28, Letters Sent by the Postmaster General, vol. F). 1 p.; misdated 5 Jan. 1801.


Title: To James Madison from Samuel Eddy, 6 January 1802 (Abstract)
From: Eddy, Samuel
To: Madison, James

6 January 1802, Secretary’s Office, State of Rhode Island and Providence Plantations. Transmits copy of the public acts passed by the Rhode Island legislature during the past year.

   FC (R-Ar: Letters from the Governor). 1 p. Republican Samuel Eddy was Rhode Island secretary of state from 1798 until his election to the House of Representatives in 1819 (Edward Field, ed., State of Rhode Island and Providence Plantations at the End of the Century: A History [3 vols.; Boston, 1902], 3:164).


Title: From James Madison to William Vans Murray, 7 January 1802
From: Madison, James
To: Murray, William Vans

Sir.
Department of State. 7. January 1802.
I have presented to the President the subject stated in your Letter of the 3d. instant. He does not view the constitution as admitting the distinction between customary and extraordinary presents from Foreign Governments to persons in the employment of the United States; and consequently decides, that the consent of Congress is prerequisite to the acceptance of either. This construction of the Constitution has been sanctioned by the proceedings in the case of Mr. Pinkney. In the case of Mr. J. Q. Adams also, the customary present, offered to him by the King of Prussia, was left in the hands of the Prussian Minister; and the consent of Congress never having been asked, the compliment is understood to have been declined. I remain very respectfully &c.
James Madison

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

   After being offered customary presents by the governments of Britain and Spain, Thomas Pinckney referred the matter to Congress in April 1798. The Senate approved his acceptance, but the House refused (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 5th Cong., 1st sess., 550, 552–53, 555).

   See John Quincy Adams to JM, 9 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:152).


Title: To James Madison from Ralph Fuentes, 7 January 1802 (Abstract)
From: Fuentes, Ralph
To: Madison, James

7 January 1802, Tenerife. States that John Culnan, U.S. consul for the Canary Islands, appointed him deputy on 10 May 1798 while Culnan went to Europe. Culnan returned to the island, but “his Health obliged him again to leave it in Septr. 1800”; he is now in a precarious state of health, and Fuentes doubts he will ever return. Has discovered that the fees are disappointing and demands from distressed Americans are many. Asks to be excused from his commission but will perform duties until a replacement is named.

   RC (DNA: RG 59, CD, Tenerife, vol. 1). 2 pp. Duplicate copy (ibid.) dated 10 Jan. Jefferson nominated George Washington McElroy as consul on 2 Feb. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406).

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


Title: To James Madison from William Kirkpatrick, 7 January 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

7 January 1802, Málaga. Transmits a duplicate of his last letter to JM of 27 Nov. and encloses a return [not found] of U.S. shipping that arrived at Málaga between 1 July and 31 Dec. Because of war, Spanish-American trade has substantially increased, especially in the carriage of colonial produce; with peace, trade will be confined to American produce and will decrease. Encloses certificates or sea letters from four ships sold in his district during the past six months and an account of disbursements on the public service up to 30 Nov. totaling $64.10 [not found]. Has drawn on JM for this amount. Mentions that Captain McNeill in the frigate Boston arrived on 25 Dec. in search of Commodore Dale. Encloses copies of a letter he received from Dale dated 7 Dec. at Toulon, a 31 Dec. letter from Swedish admiral Cederström and his reply, and a duplicate of a letter Cederström asked Kirkpatrick to deliver to the senior commander of the two American frigates then at Málaga. The Essex stopped at Málaga for water on 24 Dec. and left for Gibraltar on 1 Jan.
Reports that toward the end of December the local board of health received orders from Madrid to quarantine all vessels from New York and Norfolk. Since then the board has decided that vessels from those ports should be turned away and that those from other American ports should be quarantined for fifteen days. Has written to U.S. minister at Madrid and sent a copy of a bill of health from New York, which, he hopes, will end this inconvenience to trade. Suggests that all vessels coming to Spain have their bills of health legalized by Spanish consuls. Sent circular letters on 6 Jan. to U.S. consuls in Spain, France, and Italy about planned convoy by Swedish frigates and requested them to notify captains of American vessels.

   RC and enclosures (DNA: RG 59, CD, Málaga, vol. 1). RC 4 pp.; docketed by Brent, with note: “the account referred to sent to the Treasury, with its Vouchers.” Surviving enclosures are copies of three sea letters issued by Patrick Mullony; Richard Dale to Kirkpatrick, 7 Dec. 1801 (2 pp.), reporting his arrival at Toulon on 6 Dec. to examine the damage suffered by the President, which struck a rock while leaving Mahón (letterbook copy printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:628–29); Rudolf Cederström to Kirkpatrick, 31 Dec. 1801 (1 p.; in French), enclosing Cederström to [Dale], n.d. (3 pp.; in French); and Kirkpatrick to Cederström, 31 Dec. 1801 (1 p.; in French), informing him that Captain McNeill would deliver the letter to Dale.

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


Title: From James Madison to Tobias Lear, 8 January 1802
From: Madison, James
To: Lear, Tobias

Sir
Department of State, January 8th. 1802.
My last was of the 24th day of November since which date I have received your several letters as far as No 18 inclusive.
The peace between France and England has been officially known here for several weeks, but the measures likely to follow this event in relation to St. Domingo have reached us no otherwise than in scattered indistinct and unauthentic reports. An early idea appeared in the London Gazette of a supposed understanding between the British and French governments in pursuance of which the latter was to be aided by the former in the means of transporting an effectual force to St. Domingo. Such a cooperation however has not been indicated by any event proceeding on the British side although it is not improbable that a complete subversion of the example so much dreaded by G. Britain may be favored by her. From France the accounts have been such as to leave little doubt that an expedition is in train which according to the latest and most respectable information will consist of a large body of troops to be commanded by General Bernadotte and accompanied by Beneger as prefect of the island. We are waiting with much anxiety for a further development of the plans and the precise objects which the French government means to pursue in this case.
In the present uncertainty nothing better can be done for the direction of your conduct than to assist your discretion by observing 1. that it is equally inconsistent with our duty and policy to take any step that would controvert or offend the authority of the French republic over St. Domingo or have the appearance of intermeddling in any manner in its affairs 2. that as far as these considerations will permit it is desirable on the part of the United States to avoid every unnecessary irritation or umbrage to the people of the island 3. that it being important to our commerce with the island itself as well as to a prompt redress where our vessels may be seized under false pretexts and carried into its ports that the interposition of our commercial agents should be at hand you will understand it to be the intention of the president that they should not leave the island as long as their functions can be safely usefully and satisfactorily exercised. But it is equally to be understood that in [case] scenes shall take place rendering their continuance dangerous to their persons or incompatible with the views above explained it will be proper for them not to remain in the island. As you will be most in a situation to form a just decision on these points you will take care to keep Mr. Dandridge and Mr. Caldwell informed of the conduct you mean to pursue and that they will be expected to make it the rule of their own; unless peculiar circumstances not foreseen here should induce you to advise a different conduct to one or both of them.
You will receive herewith sundry printed papers giving you the most interesting and recent occurrences & transactions among ourselves. With sentiments of great & sincere esteem & regard I remain Dear Sir Your Most Obedt. servt.
James Madison

   RC, four copies (DNA: RG 59, CD, Cap Haitien, vol. 4); letterbook copy (DNA: RG 59, IC, vol. 1). First RC in a clerk’s hand, except for closing paragraph and signature in JM’s hand; docketed by Lear. Second RC, marked duplicate by JM, is a letterpress copy of first RC. Third RC, in a clerk’s hand, signed by JM, and docketed by Lear, is marked triplicate by JM. Fourth RC is a letterpress copy of third RC. Italicized words are those encoded by JM’s clerk and decoded here by the editors using a key from the Lear family papers (owned by Stephen Decatur, Garden City, N.Y., 1958). The coded passages were decoded by Lear in a separate two-page transcript of the letter (DNA: RG 59, CD, Cap Haitien, vol. 4). Letterbook copy not encoded. Minor variations between the copies have not been noted.

   JM probably referred to his letter of 21 Nov. 1801.

   The Baltimore American and Daily Advertiser, 25 Nov. 1801, had cited a London newspaper report that the French government would be allowed to charter seventy British vessels to transport troops to Saint-Domingue.

   Encoded by JM’s clerk and decoded by Lear as “event.” Letterbook copy reads “overt.”

   Jean-Baptiste Bernadotte, who as commander of the Army of the West had supervised the preparations in Brittany for the embarkation of the troops destined for Saint-Domingue, was also reported to desire the command of the expedition; the post was eventually given to Napoleon’s brother-in-law, Charles-Victor-Emmanuel Leclerc (Gabriel Girod de l’Ain, Bernadotte, chef de guerre et chef d’Etat [Paris, 1968], pp. 167, 172, 182; Dunbar Plunket Barton, The Amazing Career of Bernadotte [Boston, 1929], p. 129). “Beneger” appears to be a misrendering of Bénézech.

   Word in brackets omitted in coding; supplied from letterbook copy.

   On 30 Jan. Lear wrote to Caldwell noting his receipt of JM’s letter on 28 Jan. (DNA: RG 59, CD, Cap Haitien, vol. 4).


Title: From James Madison to James Monroe, 8 January 1802
From: Madison, James
To: Monroe, James

Dear Sir,
Washington, Jany 8, 1802.
I have not yet thanked you for the copy of your Message, which I find has attracted attention, and circulates with advantage to yourself, as well as to the public. It is much to be wished that the same manly and enlarged sentiments, and the same just and enlightened policy, might distinguish the addresses of all the Republican Governors, and co-operate with the example set by the President, in affording honorable contrasts to the passionate and apostate harangues which disgraced a certain period in certain quarters.

Will you tell me what is the precise measure and kind of qualifications possessed by your friend, Mr. ——? Has he any knowledge of law? is he any wise familiar with forms? is he practically acquainted with the usages and details of trade? is he ready and clever with his pen, and for a style of writing beyond the ordinary course of business? is his judgment of the solid and correct kind? I ask these questions with a wish that you would answer them in a manner enabling me to take the exact dimensions of the character, and with a further wish that it may not be known they were asked, particularly that it may not reach him or his friends that any correspondence in relation to him has passed between us.

   Printed copy ([William C. Rives and Philip R. Fendall, eds.], Letters and Other Writings of James Madison [published by order of Congress; 4 vols.; Philadelphia, 1865], 2:176).

   For Monroe’s 7 Dec. 1801 message to the Virginia General Assembly commending the Jefferson administration and calling for a nonpartisan approach to public service in Virginia, see Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe (7 vols.; New York and London, 1898–1903)., 3:302–18.

   JM was referring to John Henry Purviance, who in 1802 requested the position of secretary to the legation in Paris under Livingston. In 1803 Purviance applied to JM for a State Department position, but the next year he went to London as Monroe’s secretary. In London, he was left as chargé d’affaires while Monroe went to Madrid; but unable to fulfill his duties owing to illness, he was replaced as chargé by George W. Erving. In 1816 he was listed on the State Department payroll as a clerk (Samuel Smith to JM, 29 Apr. 1802, Purviance to JM, 1 June 1803 [DNA: RG 59, LAR, 1801–9, filed under “Purviance”]; Ammon, James Monroe, p. 233; Erving to JM, 18 Jan., 24 Apr., and 18 May 1805 [DNA: RG 59, CD, London, vol. 9]; ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 2:308; see also Monroe to JM, 17 Nov. 1801 and 14 Jan. 1802).


Title: To James Madison from George W. Erving, 8 January 1802
From: Erving, George W.
To: Madison, James

Private No 6.
Dear Sir
London Jany. 8t. 1802
Referring to my letter of Novr 30, I inclose a copy of a Sketch which I have sent to Mr King, it does not indeed pretend to be any thing like a correct calculation, but which brings into one view some interesting conjectures that cannot be very wide of the truth; If it be near the truth, it shews that so far from deriving any benefit from the 7t Article, (if we take into view the loss of Interest on the Capital) & supposing the commissioners not to Meet again) we have to use a common phrase been throwing good money after bad. Considering the Extensiveness of the Claims, & the immense mass of papers which necessarily belong to them, the arrangement of my predecessors has been clear & distinct, tho the nature & amount of some of the Earliest cases are in a degree of obscurity, & I have not the advantage of possessing any particular papers of Mr Cabot; but if you wish any further statements than those already sent, Either detailed or general & will please to signify, I shall do the best to forward such as you may desire. The most interesting business now on the tapis here is the negotiation at Amiens which all accounts agree proceeds amicably, the definitive treaty is daily Expected; & so it may probably end: Now & then the public (always greedy of news,) are fed with a little report of insurrection or arrest at Paris: but in fact the government of Buonoparte proceeds quietly Enough. The most important blessing to be expected by this Country from a peace, viz a fall in the price of the necessaries of life has not yet arrived; Provisions of every kind are still enormously high; indeed there are two unhappy circumstances (besides a succession of bad Crops) which must necessarily preserve this Evil for a long time: The one is the insurrection in Ireland, during which there was such an immense devastation of property of every kind more particularly cattle that the Irish are now not able to Export to this Country as formerly: they used to furnish 70,000 head of Cattle annually besides pork to this Country, & besides victualling with both beef & pork the fleets; now they furnish none: The other cause of high price is more inveterate & permanent in its nature: the great increase of country banks, the consequent inundation of paper, the facilities which are thereby afforded to farmers & others to become monopolists both of Land & Corn, & speculators; these causes must continue to oppress & weigh down the labouring part of the community: when France shall have put all her vast resources into Action which the peace will Enable her to do, this mischeif will not be ameliorated. The English troops (tho a very considerable number are stone blind) are every day finding their way from Œgypt; the complaint which has been so general amongst them is not as was represented a simple inflamation, but a total obumbration of the entire humour of the Eye: Browne in his travels into Œgypt & Syria informs us that this complaint is very common amongst the inhabitants, he reasons upon its Causes very philosophically; but I think attributes it (different from all other conjectures) to the sleeping upon the sands at night Exposed without shelter. In contemplating the prospect of peace a recent event of the very first consequence seems almost to be overlooked; when Buonoparte sent a fleet as was supposed for the West Indies, the English thought it prudent to direct a fleet of observation to sail also, (& an understanding upon this subject was said to have been settled) but the Tars refused to go; they have since come to Portsmouth & the principal mutineers are on their trial: This mutiny must have been of very considerable Extent, the fleet was in Ireland, & the commander in cheif woud surely have punished the mutiny on the spot & insisted upon the fleets sailing; such firmness & decision are the only means of opposing with Effect insurrections of this nature; a deliberating armed force is not a good machine, to allow their deliberations is a dangerous precedent, to give way to their decisions is ruinous: the French in their constitution of the year three, which was certainly the freest which they have formed provided for such cases, & declared a deliberating force to be a monster that shoud not be permitted to Exist: The English commander must have doubtless reasoned in this way, & his not persisting to go as ordered to the West Indies affords the strongest presumption that the mutiny was of such an extent, as to render the success of strong measures at least problematical. I am Dear Sir With great respect very faithy & truly yours—
George W Erving
Jany 10th. P S
I had not sealed the inclosed when I received the agreeable intelligence from Mr King that on the 8th Inst he had concluded his tedious Negotiation with Lord Hawksbury & that the commissioners are consequently to set again immediately. I wish to flatter myself that my red Ink speculation may have contributed to this object: I did at the time hope that the statement which is rather sanguine shoud give a stimulus, and Excite to one more exertion. But probably it had nothing to do with the business.

   RC (MHi: Erving Papers).

   Erving probably enclosed an undated memorandum (DLC) (4 pp.; marked “private”), in which he estimated that judgments made in favor of American owners of captured ships would probably amount to $1,360,000, while he calculated actual and estimated expenses plus the loss of interest on the amount of the claims would total $8,147,807. His calculations, therefore, showed a net loss to American claimants of $6,787,807.

   The Irish rebellion of 1798, which took the form of scattered uprisings during the summer of that year, was led by the Society of United Irishmen and received some slight support from the French. It was quickly put down by the British and led to the suppression of the Irish Parliament in the Act of Union of 1800 (Lawrence J. McCaffrey, Ireland from Colony to Nation State [Englewood Cliffs, N.J., 1979], pp. 29–33).

   William George Browne, Travels in Africa, Egypt, and Syria, from the Year 1792 to 1798 (London, 1799).


Title: To James Madison from William C. C. Claiborne, 8 January 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

8 January 1802, Natchez. Reports that “nothing very interesting” has occurred since his letter of 20 Dec. Territorial legislature transacts business slowly, but with care and prudence. “Political disquietude is nearly exiled,” and the judiciary is the sole subject of popular discontent. Regrets that territorial Supreme Court is “so deficient in Law Knowledge.” The chief justice “was respectable, as a Lawyer,” but justices Tilton and Bruin, “however amiable they may be in private Life,” have little legal knowledge. Bruin was a merchant, and Tilton studied law for a year or so “some years ago.” If either resigns, he hopes the vacancy will be filled with “a character possessing, good Law information.” Legislature is considering vesting in the Supreme Court an equity jurisdiction. He believes a chancery court is needed for relief against antedated grants mentioned in his previous letter. “These frauds have certainly been numerous, & if no way can be devised to discover & defeat them, much confusion, & wrong will (possibly) arise in this Government.” News of peace in Europe arrived on 7 Jan. from New Orleans. Steele is still unwell and unable to conduct business.

   Letterbook copy (Ms-Ar: Claiborne Executive Journal). 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:31–32.

   Daniel Tilton (d. 1830), a native of New Hampshire and graduate of Harvard College, had been appointed to a judgeship in the Mississippi Territory in 1798. He left his post without permission to travel to Europe and was replaced by David Ker (see PJMWilliam T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77, vols. 11–17, Charlottesville, Va., 1977–91)., 17:118 and n. 8; John Ray Skates, Mississippi: A Bicentennial History [New York, 1979], pp. 55, 61).


Title: To James Madison from James Simpson, 8 January 1802 (Abstract)
From: Simpson, James
To: Madison, James

8 January 1802, Tangier. No. 35. Has requested that Captain Shaw of George Washington stop at Tangier for this dispatch as “we frequently experience detention, and sometimes even loss of Letters.” Has information that Emperor Mawlay Sulaiman is unhappy at not having received an embassy from the U.S. since 1795. Since the death of his prime minister Sidi Mohamet ben Ottman and other nobles in 1799, the emperor has lacked “good Council,” which explains his recent “most extraordinary line of conduct towards different European Nations.” After his accession he had promised to abide by all treaties made between his father and the Christian nations, but the “distracted state” of the country prevented him from receiving any ambassadors. Simpson obtained recognition in 1795 of the 1786 treaty between Morocco and the U.S.; Sweden, Portugal, and Denmark made treaties with Morocco at this time, as did Spain in 1799; France expressed its desire to remain in amity in 1795; and the British have continued diplomatic contact although without yet making any treaty. Only the Dutch have not made friendly overtures, to the emperor’s stated displeasure. Gives an account of Morocco’s trade in grain and cattle with Spain, Portugal, and Great Britain. With those nations with which they do not have treaties, Moroccans consider themselves as “at War.”
In August the emperor, alarmed at the prospect of a French invasion, sent Pasha Hackmawy to Tangier as governor with powers to confer with consuls. On 7 Dec. the pasha ordered the Batavian consul to leave within a week. “This brings me to the chief motive of this particular letter.” On 14 Dec. the pasha informed Simpson that the emperor was “most displeased, at my not having obtained for him the Gun Carriages he had Commissioned, adding that the reasons I had alledged in my last Letter to the Emperor on the subject, were by no means satisfactory as they appeared to him to be merely excuses.” Believes he persuaded the pasha that “the motive alledged for his Majestys displeasure was groundless.” The pasha had also been instructed by the emperor to ask “whether I was authorised to make him Presents of moment from time to time.” Pleaded lack of instructions on the subject, and the pasha told him that the emperor “looked upon the Americans, as no better Friends to him than the Dutch, and that I must consider myself in the same situation as their Consul was at that day.” Suspects that the emperor may wish “to get quit of the Treaty of 1786 and obtain Presents” as he had also attempted in 1795, when “I had the happyness to overcome it.” Refers JM to his correspondence with the State Department at that time. Declining to accept Hackmawy’s placing the American and Batavian governments on the same basis, “I did not allow him to quit that ground, untill I had given him an ample detail” of the attention and support the U.S. had given to the emperor. Showed Hackmawy at a further interview on 16 Dec. the Arabic translation of the treaty of 1786, the emperor’s letter to the president of 18 Aug. 1795 confirming it, and lists of the presents given to the emperor in 1795 and 1798. The pasha maintained that holding these conferences in private was “a proof of his Friendship,” and nothing more has been said about “my retiring from the Country.” At this last meeting the pasha also sought the execution of the commission for gun carriages. Hackmawy died of a “painfull disorder” on 4 Jan. without having intimated that he wished to see Simpson again; accordingly, supposes the pasha had nothing “further to impart.” Whether the emperor will now drop the matter or not remains to be seen. Asks JM to lay this report before the president and assures him that he will continue “to do that which shall appear to be most conducive to the Interest, and at same time fully consistent with the honour of the United States.”
Mentions that Hackmawy instructed the lieutenant governor “to deliver me the Keys of a House the property of the Emperour, for purpose of placcing a Flag staff in it, and hoisting the Flag of the United States.” This has been done, but part of the premises is occupied and the emperor’s section is too small to serve as a residence for a family. Asks JM to return to the consulate a “small red Leather covered Book containing the original Treaty” that Humphreys had sent to the State Department, as the Moroccan copy was lost and the authenticity of the translation he had made “might on an Emergency be called in question.”
The emperor “has not a single Vessel of War afloat” at present, but two frigates are being built and may be ready by spring. “At Tetuan they have lately patched up an old half Galley to carry two Bow Guns and fifty men, but if I am to judge from her appearance last May, she is scarce fit to go to Sea. This is all the Navy.”
Advises JM that should the U.S. decide to make the emperor a present at this point, the gun carriages would be “more acceptable to him than any thing else” but believes that they will have to be paid for in Lisbon and Bulkeley will have to be instructed accordingly. Suggests, too, that if the gift is made, the president should send the emperor a letter since he has received no communication from the U.S. since 1795.
Reports that the ambassador or messenger who came from Tripoli “so long ago” was allowed to leave for Fès Saturday [2 Jan.] to meet the emperor. His business is unknown. Mentions that efforts continue to ransom the four remaining crewmen of the Oswego. Hopes to free two of them but has heard that “the two Blacks … have turned Moors, and Married in the Coun⟨try,⟩ which I always dreaded would be their fate.” The Jews whose property he wished to purchase for the consulate have refused to sell on any terms, but “they will no doubt be compelled on payment of the just value, when I may find convenient to require it.” Did not press the matter last year because of the war in Europe and because he had not heard from JM on the subject. Raises the question of his compensation and encloses extracts from his previous correspondence with the State Department to assist JM in referring to the original letters. Has not drawn any bills for salary since March 1799, waiting for instructions “fixing the Amount & the period from which the Sallary is to commence”; hopes that the government will recognize that he has had the care of U.S. affairs in Morocco since 1792 and that even before his present appointment his efforts “were productive of some Public good.” Does not expect a fixed salary “for any such length of time back” but deserves some recompense. Requests that whatever the government allows him in salary, or the balance after deducting the $6,000 he drew in 1798 and 1799, be deposited with London bankers at his disposal.

   RC and enclosure (DNA: RG 59, CD, Tangier, vol. 1); partial Tr (DNA: RG 233, President’s Messages, 7A-D1). RC 14 pp.; marked “Copy.” Enclosed extracts (8 pp.) filed at end of 1802. Jefferson communicated the partial Tr to Congress with his annual message on 15 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:464–65). The story of the Oswego and its crew is in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 1:352–53, 368.

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


Title: To James Madison from John Morton, 9 January 1802 (Abstract)
From: Morton, John
To: Madison, James

9 January 1802, Havana. Introduces Charleston merchant William Cooke, “who was noticed in my Communication of the 11th. ulto. as having been a great & innocent sufferer … from an unwarranted, violent, & cruel exercise of power by the Intendant-General of this island.” Cooke seeks redress.

   RC (DNA: RG 59, CD, Havana, vol. 1); Tr (DNA: RG 76, Spain, Treaty of 1819, Disallowed Claims, 62B). RC 2 pp.; in a clerk’s hand, signed by Morton; cover marked, “Presented by Wm. Cooke Esqr.”; incorrectly docketed 9 Jan. 1803. Tr in Cooke’s hand, followed by his note: “The Original letter of which the preceeding is an Exact Copy, I delivered personally into the hands of the Honorable James Madison on the 6th. day of April 1803 … & was received most politely.” See Cooke to JM, 27 Nov. 1801 and 2 Jan. 1802.

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


Title: To James Madison from Seal, Hayes, & Company and Others, 9 January 1802 (Abstract)
From: Seal, Hayes, & Company
To: Madison, James

9 January 1802, Wilmington, Delaware. The signatories—merchants and U.S. citizens—inform JM that their brig, Polly and Phebe, Thomas Guyer, master and supercargo, left Wilmington on 27 Oct. with a cargo worth $15,000; the vessel itself was worth $5,000. The captain sold part of the cargo at St. Thomas “for money which he took on board” and proceeded to Jacmel. Soon after leaving that port the brig was captured by a British sloop of war and carried into Jamaica, as described in the enclosed copy of a letter from Guyer. There was no contraband aboard and the ship’s papers were in order; “we cannot conjecture any pretext for the Capture except that suggested by the Captain in his letter, that the Vessel was from Jaquemel.” In a postscript they refer to enclosed copy of Captain Guyer’s letter from St. Thomas, which states that news of peace had arrived there.

   RC and enclosures (DNA: RG 76, British Spoliations, 1794–1824, Unsorted Papers). RC 2 pp.; also signed by John and William Warner and John Way. Enclosures are two letters from Capt. Thomas Guyer to Seal, Hayes, & Company. The first, dated 23 Nov. 1801 (2 pp.), was written from St. Thomas and stated that the market for flour was very bad as “the place is full of it and in no demand.” Guyer further commented that the flour market was bad throughout the West Indies but that he would try the city of Santo Domingo, adding in a postscript that the government of St. Thomas had that day received news of the peace between France and England “which puts a stop to all business at present.” His second letter, written on 12 Dec. from Jamaica (2 pp.), told of his capture on leaving Jacmel and declared that he had no cargo on board except what he had brought from Wilmington.


Title: To James Madison from Rufus King, 11 January 1802
From: King, Rufus
To: Madison, James

private
Dear Sir,
London Jan. 11. 1802.
Although for the reason suggested (in my Official correspondence,) I have omitted to send you an account of what passed respecting the 6 & 7. Articles of the Treaty of 1794. subsequent to Mr. Dawson’s departure, I have on reflection thought it might be satisfactory, and perhaps useful, that I should in this way supply the omission.
Lord Grenville, on being consulted by Lord Hawkesbury, having given an explicit opinion that he had in no respect pledged the Government concerning the Settlement of the 6 & 7. Articles of the Treaty of 1794. and that the execution of the latter Article, according to its Provisions, would be a measure which ought to have a material influence in the ascertainment of the Sum to be accepted for the abolition of the former; I prepared and sent to Mr. Addington a concise view of the origin, progress, and present situation of the negotiation, corresponding with a more detailed Statement which I likewise sent to the Lord Chancellor, and a copy of which is annexed. Special considerations induced me to prefer this manner of making the representation to one that would have been more regular, and which I remained at liberty to make should circumstances require it. In subsequent Conversations with Mr. Addington I had reason to be satisfied with the steps I had taken: for he told me that he saw the subject in its true light, and was ready to admit that to those, who were ignorant of personal characters, the objection, if persisted in would unavoidably have the appearance of a mere expedient. To him, as well as Lord Hawkesbury, I took pains to explain the mutual advantages of a friendly Settlement, and the impossibility that I could consent to change the footing upon which the question was now placed.
The Business remained in this situation until the middle of December, when Lord Hawkesbury informed me that having again been considered by the Cabinet, it had been decided to close the affair of the 6. article upon the Terms which had already been settled, and to agree that the Commissioners, under the 7. article, should proceed, provided their Awards, instead of being payable as they should appoint, should be payable by instalments corresponding with those to be paid in America, and the money deposited in the Bank of England to be applied on account of the American Instalments, which to an equal amount should be converted into a Fund to satisfy the Awards in favour of American Claimants. After taking Time to consider this communication, it appeared to me to offer the means of bringing the business to a conclusion: taken together it amounted to this proposition; That they would accept £600,000. payable by Instalments in lieu of the 6. article, in the execution of which they had a majority of voices, and consent to the execution of the 7. article according to its Provisions, in which we have a majority of voices, provided the Payments to be made by them should be at the same Times as those to be made by us. The two Commissions having been considered as reciprocal checks upon each other in the hands of the respective Governments, the converse of this arrangement will test its merits, and determine whether we ought to have rejected it. I thought not; but I disliked the mode in which the end aimed at, was to be attained, and therefore prepared an article which, by making the Awards payable by instalments to the Claimants should attain the same end in a more convenient manner. The Sum of the Awards would be greater or less than £600,000; for it was not likely to be precisely that Sum: if less, a Balance must still be remitted from America: if more in every instalment of every Award the American Claimant would have to receive part of his Instalment in America, and the balance in England. Besides the trouble of the accounts which must be kept upon this plan, it would create considerable inconvenience, and perhaps injustice, for all the American Claimants had been called upon to execute Powers of Attorney, and appoint Agents to conduct their Claims in England; and with much trouble and some expence had complied with this demand. These Claimants, in some cases, had deceased; in others become insolvent; and in not a few instances (including perhaps cases of insolvency) having anticipated the Awards in their favour had authorised their Attornies to reimburse their advances out of the monies which might come into their hands from the awards: besides, the plan contained no Provision in respect to Awards in favour of British Subjects.
Upon stating these objections to the Lord Chancellor, he expressed his preference of the article which I had prepared, and which was finally adopted: Another objection, which it was not necessary for me to mention to the Chancellor, had its influence upon my mind; I mean the appearance which this arrangement would have produced, that the two Countries had mutually released each other, and agreed to pay their own Sufferers, an appearance that might have encouraged the Sufferers by French depredations to call upon Congress to indemnify their Losses. What Congress would be inclined to do upon such application it is, in every respect, unfit for me to conjecture; tho’ in forming a Contract in behalf of the public, it was my duty to take care, that its deliberations should not be embarrassed by even the appearance of a Precedent, should the supposed case arise.
I take the liberty of adding a word or two to my former Communications concerning the II. article. What is to be deemed a bona fide Debt in the sense of the last clause of that Article will not depend upon a reference to what was once so, but is a judicial question within the competence of our Tribunals to determine, and which must consequently be decided by those general and acknowledged Principles, by which their Decisions are in similar cases uniformly governed. If I be not mistaken, it is here understood and expected that the affair of the old Debts is finally settled as between the two Governments; and with that share of Prudence which it behoves the Tribunals of every Country to observe in Questions affected by national Stipulations, I am persuaded that we shall hear no more of them.
Having for many years thought the Settlement now accomplished to be a measure of national importance, and one that had in some degree become indispensable, to do away Prejudices which interested and disappointed men had raised against our public faith, I may I hope be permitted, in a private Letter to you, to observe that I have pursued the negotiation with zeal and perseverance, notwithstanding the mass of misrepresentation, prejudice and error with which it has been encumbered. I have done so in circumstances often discouraging, and sometimes apparently desperate; cheering myself always with the Reflexion which I have somewhere met with, that it is the duty of every one entrusted with what concerns the welfare of his Country, in the midst of Despair, to perform all the offices of Hope. How far what is done has been well done remains to be determined: if the President and Senate approve, I shall have nothing to regret. With Sincere Regard and Esteem, I have the honour to be, Dear sir, Your obedient and faithful Servant
Rufus King

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy and copies of enclosures (NHi: Rufus King Papers, vols. 54, 55). RC in a clerk’s hand, signed by King. Enclosures are a copy of King to Lord Eldon, 22 Nov. 1801, covering a “Memoir” of the British-American negotiations to that date (11 pp.). RC and enclosures printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:424–26.


Title: From James Madison to Thomas Jefferson, 11 January 1802 (Abstract)
From: Madison, James
To: Jefferson, Thomas

11 January 1802, Department of State. Encloses an estimate of the cost of carrying into effect the convention with France.

   RC and enclosure, two copies (DNA: RG 46, President’s Messages, 7A-E3; and DNA: RG 233, President’s Messages, 7A-D1). Each RC 1 p., in a clerk’s hand, signed by JM. Enclosed estimate (1 p.) lists expenses totaling $350,000, not including $32,839.54 worth of repairs to the Berceau. Sent with Jefferson’s message to both houses of Congress, 12 Jan. 1802. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:365. On the Berceau, see Benjamin Stoddert to JM, 26 Mar. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (2 vols. to date; Charlottesville, Va., 1986—)., 1:50 n. 3).


Title: To James Madison from John Gavino, 11 January 1802 (Abstract)
From: Gavino, John
To: Madison, James

11 January 1802, Gibraltar. Refers JM to his last dispatch enclosing a copy of a letter from O’Brien. Reports that on 7 Jan. a British frigate arrived with British consul Hargreaves and the Algerine ambassador who had been in Great Britain. Hargreaves was carrying a box of jewels for bey of Tunis entrusted to him by Rufus King. Has informed O’Brien to look out for their safety. Encloses copy of 7 Dec. letter from Commodore Dale. Has received message from Simpson at Tangier that Tripolitan ambassador has gone to see the emperor. Notes in postscript that the Swedish admiral has left Málaga to join Dale.

   Partial Tr (DNA: RG 46, President’s Messages, 7A-E2). 1 p. Headed “Extract of a Letter from John Gavino Esqr. American Consul at Gibraltar to the Secretary of State, dated 11 January 1802.” Transmitted by Jefferson to Congress on 1 Mar. 1802 and printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:382. For the enclosed letter from Dale, a copy of which was addressed to William Kirkpatrick, see Kirkpatrick to JM, 7 Jan. 1802, n.

   Lewis Hargreaves was not a consul. Eaton later referred to him as “an English gentleman” whom he assigned to take over his duties should Eaton die or leave the area suddenly (Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:168; see also King to JM, 14 Dec. 1801).


Title: To James Madison from Rufus King, 12 January 1802
From: King, Rufus
To: Madison, James

No. 49.
Sir,
London January 12. 1802
We have almost daily rumours of new difficulties which are to defeat the conclusion of a definitive Treaty of Peace; but like most of the speculations of the Idlers and News-hunters of a great City, they are found to be unworthy of credit.
There is reason to believe the business of the definitive Treaty is going on in a conciliatory way; and as soon as the variety of inferiour points brought forward by the Parties to the Preliminaries shall have been discussed and decided, that the definitive Treaty will be completed. The consent of this Government to the Sailing of the French Expedition to St Domingo is in itself a measure of such importance as can leave no doubt of its opinion respecting the issue of the Congress at Amiens.
It is true that an English Squadron of an equal force to that of France was to have proceeded to the West Indies about the same time that the French Squadron sailed, and that it was prevented only by a mutiny of the Crews of several of the Ships which had been ordered upon this Service. This Squadron, which had been collected upon the Western Coast of Ireland, has returned to Portsmouth, where a Court Martial is now sitting for the Trial of the Ringleaders of the Mutiny: these to the number of ten or Twelve will probably suffer, after which the Squadron will proceed to Jamaica whither a number of other Ships have been sent in consequence of the Mutiny, and which will be relieved upon the arrival of those originally destined for that Station: the mutiny is said to have arisen from an aversion to the West Indies as an unhealthy service, joined to the desire of being paid off and discharged at the end of the War. It is somewhat remarkable that the Ringleaders in this Revolt are all Englishmen; a distinction that in the former Mutinies belonged as exclusively to the Irish.
I have received from the Admiralty, thro’ Lord Hawkesburys office, a small account for supplies furnished to Commodore Dale at Gibraltar: as I have no funds applicable to this service, and the sum is too inconsiderable to be treated as an affair of importance, I shall propose to Lord Hawkesbury to send the Account to Mr. Thornton, and to authorise him to receive the payment. With perfect respect and Esteem I have the honour to be, Sir, Your obedient & faithful st.
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC in a clerk’s hand, signed by King.


Title: To James Madison from Rufus King, 12 January 1802
From: King, Rufus
To: Madison, James

Private
Dear Sir,
London January 12. 1802
From the month of May till September or October, including what is here called the long vacation, very little Business can be done in London; it being the custom of almost all official Characters to pass the summer in the Country, and to visit London as seldom as they can.
I am not aware that anything very pressing will, in the course of the summer, especially if the Peace be definitively settled, be likely to require my Services: and I should like, if I could do so without interfering with my official Duties, to employ the time in seeing a little of France and some parts of the neighbouring Countries. This I should not think of doing, if my visit at Washington shall be thought advantageous, nor in any event without the permission of the President. With sincere Esteem, &ca.
R. K

   Letterbook copy (NHi: Rufus King Papers, vol. 55).


Title: To James Madison from Henry Molier, 12 January 1802 (Abstract)
From: Molier, Henry
To: Madison, James

12 January 1802, Washington. Offers himself as a candidate for consular appointment at either Tenerife or La Coruña. His residence for several years in Spain and in the U.S. has equipped him with knowledge of languages and trade of the two nations.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Molier”). 1 p. Jefferson nominated Henry Molier to be consul at La Coruña on 2 Feb. Although Molier accepted the appointment on 19 May, it is unclear whether he actually went to Spain. In 1808 Robert Smith described him as having lived for some years at Baltimore and New Orleans, and in 1816 it was stated he had “resided near twenty five Years in the United states” (Molier to JM, 19 May 1802 [DNA: RG 59, CD, Cádiz, vol. 1]; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:406; Robert Smith’s notation on Molier to John Hollins, 10 Feb. 1808 [DNA: RG 59, LAR, 1801–9]; James Vanuxem to Eligius Fromentin, 27 Jan. 1816 [DNA: RG 59, LAR, 1809–17]).

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