Title: To James Madison from Daniel Clark, 8 March 1803 (Abstract)
From: Clark, Daniel
To: Madison, James

8 March 1803, New Orleans. “I arrived here from Europe on the night of the 25th. ulto. and was sensibly hurt tho’ by no means surprised at the Steps taken by the Intendant in my absence, and which cause an incalculable injury to the Trade of the Western Country. In the last Letter I had the Honor of writing to you from hence I pointed out what he had then done in violation of the Treaty, his ideas of what he was authorised to do & those of the Prime Minister of Spain with respect to the duty of 6 ⅌ Ct. on our imports & exports deposited here which he had ordered to be levied, but which as the Intendant himself mentioned to me he thought too glaring an infringement of our rights to put in execution.” Believes the measures lately adopted are only preparatory to “others more injurious” and are merely meant to try the U.S. disposition to submit to injury. “They have chosen the moment when the cession of the Province to France was announced to develope pretentions which she will persist in, and I fear we shall at last find it difficult to obtain redress.” All well-informed people believe Morales merely executes orders received from the Spanish government. Morales is “too rich, too sensible & too cautious to take such responsability on himself,” especially after being opposed by the governor, whose official correspondence calls the proposed measures “a direct & open violation of the Treaty.” It is regrettable that provincial secretary Andrés López Armesto and auditor Nicolás María Vidal, whose opinions guide the governor, “are not Men of firmness, as the old Man tho almost incapable of an exertion from Age & infirmities would nevertheless have ordered the Intendant to be suspended from the exercise of his functions, had not his two Counsellors been wavering & indecisive & at last overawed by the tone & Spirit of the Intendant advised him to a compliance with the latters wishes.” Morales’s determined spirit “is not natural to him,” and it is assumed he feels supported. “You will recollect an expression of his which I formerly communicated that he was careless of the consequences of measures which he undertook in compliance with orders. In a conversation with the Auditor whom I reproached for submitting to the will of the Intendant he assured me that he had only done so on the perfect conviction that he had orders from the Minister to that effect, & desired me to recollect, that in the most trifling matters which involved any responsability, the Assessor or himself were always consulted,… for supported by the Opinion of one or the other he is discharged from all blame … and that he never would have dared to take so momentous an affair upon his own responsability without consulting any one, unless his orders had been express, & so plain as to admit of no other interpretation whatever.… For many Years past all the People in high Offices in this Country have constantly informed the Court of Spain, that our Government was not to be feared, that it had no influence over our Western settlements & that all the leading Characters in them could be easily brought over to assist any Views of the Spanish Government however inimical to those of their own Country;… they were egregiously deceived in their information in general,… but … they may have found among us a few Men base enough to encourage expectations of this kind.” Inquiry by the U.S. might lead to discoveries that would show foreign nations bordering on the U.S. frontier how grossly erroneous such opinions are, “and their Measures in future might be more consonant to Justice & the faith of Treaties.” Firmly believes the French are coming with the expectation of support from Americans and with “the most contemptible opinion of our Strength & resources.” Has already told JM in letters from Europe of his belief that the French mean to “injure us essentially on all occasions.” Regrets that Americans cannot “take possession of a Place now offered us by the Inhabitants, without which we shall never be in safety, which we must one day occupy & the conquest of which may then cost much blood, time & treasure.” The inhabitants are so alarmed “that Creoles, Spaniards & Americans would form but one body,” take the government into their own hands without bloodshed, and unite themselves with the U.S. “They cry out against our temporising when our dearest interests imperiously call upon us to embrace the favorable moment for acting & they tremble when they see it pass & themselves on the point of falling under the lash of a Government they detest and in whose cause they may be afterwards by a military force obliged to sacrifice their Lives, by bearing Arms against us whom they now invite as deliverers. All is at present here anxious & dreadful suspense & on your resolutions the hopes & happiness of the Country depend, there is now nothing to oppose us should we think proper to take possession of the Country either by way of indemnification for past injuries or security for the future, there is no energy in the Government, no Money in the Treasury, no Troops, no fortifications that could withstand us for a Moment.… If so favourable a conjuncture passes, its like will never occur again.” As proof that the Spaniards have always relied on assistance from Americans against their own government and have constantly sought to divide the western states from the federal government, forwards JM an order to receive “from Washington Morton Esqr. of New York” a sealed packet Clark left in Morton’s possession when setting out for Europe and which he stated he would show JM on his return, not thinking then that circumstances would soon render disclosure “a measure of immediate necessity.” Along with papers of lesser importance, the packet contains part of the correspondence of the baron de Carondelet with the commanding officer of Fort St. Ferdinand at Chickasaw Bluffs, clearly revealing plans aimed solely at the destruction of the U.S. As well as he can recollect, the remaining papers are copies of “talks & Letters to & from the Chicasaw Indians.” JM will perceive from Carondelet’s letters that Clark’s report concerning an annual pension of $500 to Ugulaycabe “cannot be desputed.” Relies on JM’s prudence not to publish the papers. Should JM think the documents sufficiently important to require Clark’s presence in Washington, he will sacrifice all private business to come there. In the meantime, he will endeavor to collect from reliable sources other information on the subject. “Altho’ for 4 or 5 Years past I had a perfect conviction that the intrigues of the Spaniards with the Western Country were not for the time dangerous, on account of the incapacity of the Governors of this Province & their want of pecuniary Means, yet fearful of what might happen in future should more enlightened & ambitious Chiefs preside over it, I could not last Year resist the temptation of hinting my suspicions of what had been formerly done in this way, to the President, at an interview with which he honor’d me and I even went so far as to assert that a Person supposed to be an Agent from the State of Kentucky had been here in the end of 1795 & beginning of 1796 to negotiate on the part of that State … for the navigation of the Mississippi, before the result of the Treaty of St. Lorenzo was known, wishing that this hint might induce the President to cause enquiry to be made into the Circumstance,… but as he made no other enquiry of me respecting it than merely in what Year the thing happened, it then struck me that he must have had other information on the subject and that he thought it needless to hear any thing more about it. By great accident I have lately learned something which induces me to suppose that any information he may have received respecting the Measure alluded to, has been incorrect & given with the View of misleading him, and I request that you will mention the subject anew to him, that you may know how far I am right in my suspicions. The information I possessed on the subject, could not from the way in which it was obtained be accompanied with what would be Proof to convict the Person concerned, or I should have openly accused him in the face of the World, but to me it amounts to a moral certainty of his Guilt, and my Conduct to him shewed on all occasions how much I detested his Object & his Person. The same want of Proof positive sufficient to convict him, prevents me at present from naming him; but if enquiry is diligently made, about the influential Character from Kentucky who at that Period was so long in Natchez and afterwards here, what his Business was, & what was the idea entertained of him, enough will doubtless be discovered to put our Government on its guard against him & others of his Stamp & against all foreign machinations in that Quarter in future.”
Has had a long visit from Roustan, who accompanied him from Europe. Roustan is the confidential agent of General Victor, “who is shortly expected to take possession of Louisiana,” and is high in the confidence of Victor and commissary of justice Aymé. From the information Roustan volunteered, “it appears that they will under various pretences & by means of Jobs & favors plunder the Country in conjunction & divide the Spoil among them.” Roustan spoke freely of French views and said he believes Victor will maintain things in their present state and exclude Americans from the deposit. Roustan said the French planned to exclude American shipping from the Mississippi altogether. By allowing western products to be shipped to the West Indies in French bottoms and “granting them other privileges from which the Inhabitants of the Atlantic states should be excluded,” they hope to detach the western states from the Union. Although Roustan is in many respects “a Man of sound sense & information” who knew Clark was a U.S. official who would communicate these ideas to his government, “the Vanity so peculiar to his nation & the idea of their power & our Weakness so far predominated, as to make him boast of intentions, which sound Policy should induce him & all the rest of his faithless Countrymen to deny.” “You will I flatter myself readily make allowance for the bitterness with which I speak of these People & their Views when you recollect how much Pain their insolence & contemptuous language respecting us & our Government must occasion.” Encloses an arrêté of Napoleon’s [not found] regarding the formation of a government for Louisiana, which places almost all authority in the hands of the captain general. A small vessel arrived at New Orleans “Yesterday in 21 days from Baltimore” with dispatches addressed to the intendant, captain general, and colonial prefect or French commissaries who might be there, but the contents have not been revealed. The supposition is that they were forwarded on the schooner Cordelia from Pichon.
“You will see the necessity of keeping these advices to yourself or communicating their Contents only to the President … on account of my personal safety, as not being recognized by the Government in the Capacity of Consul, they might not hesitate to destroy me & confiscate my Property—should it be necessary to make any part of them public, be pleased to give me timely information that I may depart from hence & if possible withdraw my own Property & that of the Friends entrusted to me.” Adds in a postscript that he anxiously wishes to hear from JM in reply to his communications.

   RC (DNA: RG 59, CD, New Orleans, vol. 1). 11 pp. Marked “(Confidential).” Printed in American Historical Review, 33 (1927–28): 331–35.

   Clark to JM, 22 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:330–31).

   Clark may have been referring to his 25 Nov. 1802 letter to JM, which has not been found.

   Brother-in-law to Alexander Hamilton, Federalist George Washington Morton (1775–1810) was a Princeton graduate who practiced law in New York (Looney and Woodward, Princetonians, 1791–1794, pp. 198–203).

   See Clark to JM, 15 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:488).

   Extracts from Governor Carondelet’s letters to the officer at Chickasaw Bluffs (now Memphis) express the belief that Kentucky and Tennessee could be persuaded to separate from the Union and that local Spanish officers should do everything possible to conciliate Americans using the Mississippi and delay evacuating Spanish forts in the territory ceded to the U.S. (Gayarré, History of Louisiana, 3:312, 385; extracts printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Misc., 1:712).

   See Clark to JM, 15 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:488, 489 n. 1).

   Clark was doubtless referring to Benjamin Sebastian, a Kentucky judge who had long been involved in intrigues with the Spanish government and who was in Louisiana at the time mentioned. Clark later claimed to have seen $4,000 carried for Sebastian at this time by a Spanish agent (Gayarré, History of Louisiana, 3:275–76, 285–86, 358–59; Daniel Clark, Proofs of the Corruption of Gen. James Wilkinson … [Philadelphia, 1809; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 17221], pp. 69–70, 106–7).

   Pierre Laussat later described Jacques Rouzan as a person of “dubious commercial reputation” (Jon Kukla, ed., A Guide to the Papers of Pierre Clement Laussat, Napoleon’s Prefect for the Colony of Louisiana, and of General Claude Perrin Victor at the Historic New Orleans Collection [New Orleans, 1993], p. 71).

   Clark probably enclosed a copy of the 11 Sept. 1802 arrêté detailing the military organization of Louisiana under the captain general and the civil administration of the province under the colonial prefect (printed in the National Intelligencer, 16 May 1803). For details of the proposed French administration, see François-Xavier Martin, The History of Louisiana: From the Earliest Period (New Orleans, 1882), pp. 289–90.

   See JM to Claiborne, 14 Feb. 1803, and n. 2.

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


Title: To James Madison from John Gavino, 8 March 1803 (Abstract)
From: Gavino, John
To: Madison, James

8 March 1803, Gibraltar. No. 116. Refers to his last dispatch, no. 115 of 27 Feb. Swedish consul Wyk received an eleven-gun salute on his arrival at Tangier. “The King of Sweden has made him a Nobleman of the order of Wasaw [Vasa], and the Swedish Adl. has orders to go to Tangier to Enstal him.” Crews expected from Tetuán for the ship at Gibraltar have not yet arrived. Encloses a copy of a letter received yesterday from O’Brien “dated 2d: february and down to 21st.” Adds in a postscript that Dutch admiral de Winter passed Gibraltar “a few days ago with two Sail of the Line” bound for Amsterdam.

   RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p. Docketed by Wagner.

   Gavino enclosed a copy of O’Brien to Gavino, 2 Feb. 1803 (4 pp.; extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:356–57), in which O’Brien stated that he wrote Gavino “in Novr: & the 30th Ulto” reporting the dey’s refusal to accept the cash annuity. The letter contains substantially the same information as O’Brien to Jarvis, 2 Feb. 1803 (see Jarvis to JM, 15 Mar. 1803, n. 2). In a postscript of 10 Feb., O’Brien informed Gavino that a Spanish consul had arrived with $55,000 worth of presents for the dey and 100 fathoms in cash. In a 21 Feb. postscript he added that two corsairs would sail in three days.

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


Title: To James Madison from E. Belden & Company, 8 March 1803
From: E. Belden & Company
To: Madison, James

Letter not found. 8 March 1803, New York. Acknowledged in Brent to E. Belden & Company, 17 Mar. 1803 (DNA: RG 59, DL, vol. 14), as an inquiry about their charge against the government for printing the laws in the N.Y. Commercial Advertiser. Brent stated that the U.S. treasurer would remit payment to Samuel Latham Mitchill in New York.


Title: To James Madison from Richard Dinmore, 9 March 1803 (Abstract)
From: Dinmore, Richard
To: Madison, James

9 March 1803, Alexandria. Cannot suppose that the appended abstract of a friend’s letter will afford JM any information, but hopes the possibility that it may will excuse “this obtrusion.” The facts are such as he does not feel warranted in publishing in the Expositor, but he very much wishes them to be known by the proper government officers. As it has been his “desire rather to allay than aggravate the national ferment,” flatters himself JM will believe his letter is dictated by zeal for U.S. welfare rather than by an “impertinent desire” to force himself on JM’s notice.

   RC and enclosure (DLC). RC and enclosure 2 pp. Docketed by JM. For enclosure, see n. 1.

   The unsigned, unaddressed extract of a 3 Feb. 1803 letter from Natchez stated that a reliable gentleman just arrived from New Orleans reported that Morales was “more severe than ever” with U.S. citizens, who were “not allowed to land at New Orleans, or any other place on the River” and who were prohibited from “making fast on the Banks, even in time of danger.” The gentleman had been refused this permission by a Spanish official “at a time when there was great danger in the River—tho’ in defiance of this Authority, he made his Boat fast ’till the Gale was over.” Other accounts said that Morales had royal authority and would not change his conduct until the king ordered it. “He is much annoyed at the Americans, for their publications respecting him & wishes he could find any of them breaking his Laws, that he might put them to the wheelbarrow as an example to their Countrymen. He seems in a fair way to exasperate our Citizens, to that degree that they will assert their natural Rights whether sanctioned by Government or not.”

   The triweekly Virginia Alexandria Expositor was founded by James Lyon and Richard Dinmore on 26 Nov. 1802 (Brigham, History and Bibliography of American Newspapers, 2:1108).


Title: From James Madison to Thomas Jefferson, 10 March 1803
From: Madison, James
To: Jefferson, Thomas

Dear SirWashington Mar. 10. 1803
The answers from the Govr. & Intendant at N. Orleans to the Spanish Ministers letter were recd. by him yesterday. The Intendant himself states that he had taken his measures, merely on his own judgmnt., without orders from his Govt. and in opposition to the judgment of the Govr: but it appears that his determination had not been changed by the first interposition of Yrujo. As his second letter written after it was known that the Intendant had proceeded without orders, must have spoken with more energy, it is possible that it may have more effect. Considering however the case in all its aspects, I have thought it proper to call on Yrujo for the peremptory injunctions which he seemed willing to undertake, and am just sending him a note for that purpose, which is approved by my several colleagues. He says he will do every thing that depends on decision; and will even, in a private letter to the Govr. urge him, if the Intendant should be refractory, to ship him off to Spain, which is the Ultima ratio it seems of Spanish Governors agst. Intendants. The despatches of the Marquis will be forwarded under my cover to Claybourne, and will go by an Express who it is hoped will overtake the Mail now on the way.
It appears by a letter of Novr. 24 from Obrien, thro’ Cathalan, that the Dey of Algiers refused the cash payment which had arrived, and insists on the Stores with much irritation at the offer subs[t]ituted. Will you be pleased to say to Mr. Smith whether he is to forward them as soon as possible, as seems now to be indispensable. With respectful attachment I remain Yrs.
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 16 Mar.

   In his 15 Jan. 1803 reply to Yrujo, Morales stated that he had acted on his own responsibility in closing the deposit at New Orleans. He added that although the port remained closed, the navigation of the river was not impeded. Morales also enclosed copies of his 18 Oct. 1802 order and of his correspondence with Salcedo. Salcedo’s reply to Yrujo stated that he had opposed Morales’s decision (León Tello, Documentos relativos a la independencia de Norteamérica, 4:46; see also Yrujo to JM, 10 Mar. 1803).

   JM probably referred to O’Brien’s 24 Nov. 1802 letter to Cathalan, a copy of which Cathalan enclosed in his 10 Dec. 1802 dispatch.


Title: From James Madison to Carlos Martínez de Yrujo, 10 March 1803
From: Madison, James
To: Yrujo, Carlos Martínez de

Sir,Department of State March 10. 1803
The latest information from New Orleans makes it certain that altho’ your letters to the Governor & the Intendant of Louisiana had been received, the Edict of the latter against our right of deposit had not been rescinded. It is even found that this obnoxious measure had been followed by a rigorous prohibition of the ordinary hospitalities between the Citizens of the United States and the Spanish Inhabitants. Add, that the season is arrived when the stipulated outlet for the produce of the Western Citizens of the United States [is] essential, and that whatever confidence may be due to the just purposes of the Spanish Government the delays and casualties incident to the transmission of orders across the atlantic may give the most pernicious scope to the vast project of its officer.
In such a crisis I need not press on your reflection, the necessity of employing every expedient which may hasten a correction of the wrong that has been done. You can well estimate, by the keen sensibility already developed, all the tendencies of a prolonged obstruction to the rightful course, of an invaluable commerce: and will I persuade myself decide under the influence of the best dispositions, whether in this critical posture of things, a regard for the good faith of your soveringn [sic], and a prudent attention to the heavy indemnifications with which his responsibility is threatened do not require an instant resort, to such peremptory injunctions as may reclaim the Intendant from his error, and by giving to the violated treaty its due effect, rescue from immediate danger the confidence and good neighbourhood which it is the interest of both nations to maintain. Whatever communications you may on this occasion chuse to address by land to the Spanish authorities at New Orleans, will if handed to this department, be forwarded with all possible expedition.
James Madison.
P.S.
Considering the peculiar urgency of present circumstances permit me to suggest the expediency of your despatching by sea duplicates of the letters which this Department will forward by land. This precaution will favor both the quickness and the certainty of their arrival.
James Madison.

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


Title: To James Madison from Louis-André Pichon, 11 March 1803
From: Pichon, Louis-André
To: Madison, James

Georgetown Potomak 11 March 1803.
Mr. Pichon presents his respects to Mr. Madison and begs that he will inclose in the dispatches which Marquis d’yrujo informed him this morning are preparing to day for Neworleans the inclosed letter. Mr. Pichon leaves it open for Mr. Madison’s inspection. Mr. P. would have conversed on the contents of this letter with Mr. Madison in the forenoon, had he not met with Marquis d’Yrujo who informed him that he was going to meet Mr. Madison by appointment.

   RC (DLC).

   Pichon no doubt enclosed his letter to Salcedo, 11 Mar. 1803, in which he wrote that, “France now being notoriously the proprietor of Louisiana,” Spanish authorities exercised only an intermediary power and ought not to commit France to a course of action or a changed relation to the U.S. without French consent. He encouraged the governor to use his power to restore the deposit (printed in National Intelligencer, 16 Mar. 1803).


Title: From James Madison to William C. C. Claiborne, 11 March 1803 (Abstract)
From: Madison, James
To: Claiborne, William C. C.

11 March 1803, Department of State. “Your letter of Feby. 3d. inclosing the despatches from New Orleans to the spanish Minister here has been recd. Finding from the acknowledgment of the Intendant himself that he has acted without authority from the Spanish Government, and on evident misconstructions of the Treaty and of his duty, The Minister has written the enclosed letters with a view to effect an immediate correction of the wrong that has been done. He pledges himself to the Government of the United States, that the measures he now takes on himself will restore the use of the deposit, on the arrival of his despatches at New Orleans. I request the favor of you to give them as quick a conveyance as possible.”

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

   No letter from Claiborne dated 3 Feb. 1803 has been found, but see Claiborne to JM, 28 Jan. 1803.

   See Yrujo to JM, 10 Mar. 1803, and n. 2.


Title: From James Madison to William C. C. Claiborne, 11 March 1803 (Abstract)
From: Madison, James
To: Claiborne, William C. C.

11 March 1803, Department of State. “In addition to the despatches from the Spanish Minister here to the Government and the Intendant at New Orleans which you will herewith receive, I am requested by Mr. Pichon, the French Charge d’Affaires to forward a letter to the Governor of that place on the same subject. With his approbation it is left under a flying seal, that, you may have an opportunity of seeing its contents. You will be so good as to pay the same attention to it as to the letters from the Marquis d’Yrujo, by conveying it in the most expeditious manner to the care of our Consul or Vice Consul at New Orleans.”

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

   See Pichon to JM, 11 Mar. 1803, and n. 1.


Title: To James Madison from Robert Montgomery, 11 March 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

11 March 1803, Alicante. Has received nothing from JM since he last wrote on “the 2d Current,” since which nothing has occurred worthy of JM’s attention. “No Enemy from the Coast of Barbary has appeared to molest our Trading Vessels.” Writes only to enclose a list of arrivals for the past six months [not found].

   RC (DNA: RG 59, CD, Alicante, vol. 1). 1 p. Docketed by Wagner as received 3 June.

   Montgomery may have meant his 2 Feb. 1803 letter.

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


Title: To James Madison from Isaac Cox Barnet, 12 March 1803 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

12 March 1803, Antwerp. Takes advantage of the first direct conveyance since the opening of navigation to send a copy of his November dispatch and the articles mentioned in it. Received JM’s 12 Nov. letter on 24 Jan. and answered immediately. Is anxious to learn if his reply arrived in time. Compares the benefits and disadvantages of the consulates at Antwerp and Le Havre. Sales at Antwerp do not yet answer expectations but “in some instances have been very good.” The enclosed report of entries and clearances [not found] will inform JM of trade in American vessels. Encloses a copy of a letter he wrote to state counselor Pelet. The last vessels that arrived were admitted on Barnet’s declaration, a form of which he encloses [not found], “and a Broker dispensed with.” This would be a good point to gain in all French ports as it is a great saving to merchants and would establish “a just retribution for Entering & Clearing” in favor of U.S. consuls. Lists brokerage charges at Bordeaux. The original of JM’s 12 Nov. letter arrived 5 Mar. via the Netherlands. The circular of 26 Aug. arrived 16 Dec. Had previously spent only twenty-four livres—for the relief of seaman William Jacquet and his passage to Rotterdam. Before falling ill, Jacquet had spent the money paid him at Barnet’s request by the master of the Success. The hospital at Antwerp admits U.S. seamen, and “there is very good attendance in it by the Sisterhood … but their christian charity does not extend its healing hand to every description of human weakness, and upon examination, one of our Sailors lately experienced the effects of their intolerance by being conducted by one of them to the outer threshold of the House and there left to implore the benevolence of others to carry him to a more hospitable door.” Twelve cents per day allowance is insufficient in Antwerp and all French ports to enable consuls to aid seamen effectually; nothing short of the hospital rates would suffice. Hopes there will be few cases during peacetime of American sailors needing assistance.
Winter has been “uncommonly severe.” Eight or ten indigent are said to have frozen to death at Antwerp, where they are “not yet so well provided for as at Brussels & Ghent.” All provisions have risen in price. The conscription law is rigidly enforced, and military preparations would lead to apprehensions of war with Great Britain if the outlook of both countries were not moderated by a need for peace to restore happiness and prosperity. Has read the report of the committee on countervailing duties with satisfaction and regrets his inability to read the president’s message, not having seen an American newspaper since the opening of the present session of Congress. Was happy to learn Monroe is named envoy extraordinary in conjunction with Livingston to adjust differences regarding U.S. rights on the Mississippi and wishes they may succeed in accomplishing the popular will expressed so well in Randolph’s January resolution. Adds in a postscript that he has been advised from Bordeaux that his 30 June bills are unpaid, but the contents of the 26 Aug. circular lead him to hope that Congress will authorize payment. Discusses at length personal financial problems resulting from his move to Antwerp, his lack of business income, and costs due to his unsettled state since his arrival. JM’s 12 Nov. letter arrived in time to prevent greater loss. Spent the winter without his furniture, which was shipped at Bordeaux in September and arrived “only yesterday,” the ship having run aground in the Scheldt. All this together with the birth of a fourth child in February has put him to “heavy expense and painful inconvenience.” Asks pardon for troubling JM with personal details but believes it may give “a correct idea of the french coasting trade at this time” and confirm his previous statement about navigation of the Scheldt. At the time his ship ran aground, a French ship from Martinique was lost, although the crew was saved.

   RC and enclosures (DNA: RG 59, CD, Antwerp, vol. 1). RC 6 pp. For surviving enclosures, see n. 1.

   Barnet enclosed a copy of his 2 Feb. 1803 letter to Jean Pelet de la Lozère (5 pp.; in French) complaining of restrictions, including excessive duties and charges, placed on U.S. shipping at Antwerp and protesting the privileges given to French shipping. Enclosed in the letter are copies of Barnet to Blutel, customs director, 7 Jan. 1803 (2 pp.; in French), asking that papers not be accepted from any American captain who did not also present a certificate from Barnet; Blutel’s 18 Jan. 1803 reply (2 pp.; in French), stating that no ship would be admitted without the certificate but that captains would still be required to submit the usual papers; several copies of the entrance declaration and exit permit; and a copy of a certification of a ship’s manifest.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5.

   For the 10 Jan. 1803 report of the House Committee on Commerce and Manufactures on countervailing duties and the resolution repealing such duties on the goods and ships of any foreign nation that did the same for the U.S., see Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 347–51.

   Barnet referred to John Randolph’s 5 Jan. 1803 resolution expressing Congress’s determination to maintain U.S. boundaries and rights of navigation and commerce on the Mississippi (ibid., 321, 324).

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


Title: To James Madison from Jones & Clark, 12 March 1803
From: Jones & Clark
To: Madison, James

Letter not found. 12 March 1803, Philadelphia. Acknowledged in Wagner to Jones & Clark, 19 Mar. 1803 (DNA: RG 59, DL, vol. 14), as including an account totaling $921.21 due them by the U.S. In his reply, Wagner conveyed JM’s request “to sell the articles on hand at public sale.”


Title: From James Madison to Samuel Coleman, 13 March 1803
From: Madison, James
To: Coleman, Samuel

SirWashington Mar. 13. 1803
With the inclosed from Col. Monroe, I have recd. a list of his furniture at Richmond, from which, by an arrangement between us I am to take such articles as I may chuse. As I infer from his communications to me, that they are to be selected, packed & forwarded under your care, I take the liberty of furnishing you the inclosed memorandum for the purpose, and of requesting that those marked, to be shipped for this place, may be addressed to the care of Mr. Aquila Janney at Alexandria. I need not suggest the necessity of having the china packed with peculiar care, so that it may not be endangered by the removals it may have to undergo on shore as well as by water. Should a vessel happen to be coming directly to Georgetown, it will be best to address them to the care of Mr Lewis Deblois of that place. In either case, It will not be amiss to ensure the articles, if it can be conveniently done, giving me information of that and the other expences incurred, that I may immediately provide for them.
Col. Monroe mentions that the plate is to be weighed in Richmond article by article, I will thank you for a copy of this statement.

   Draft (DLC). Addressee not indicated; assigned by comparison with Coleman to JM, 21 Mar. 1803. Enclosures not found.

   See Monroe to JM, 7 Mar. 1803.

   Alexandria merchant Lewis Deblois was a director of the Washington branch of the Bank of the United States from 1806 to 1811 and later served as Portuguese consul in Alexandria and Washington (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (3 vols. to date; Charlottesville, Va., 1984—)., 2:81 n. 2).


Title: To James Madison from Edmund Randolph, 13 March 1803
From: Randolph, Edmund
To: Madison, James

Dear sirRichmond March 13. 1803
The inclosed decree has been rendered upon some few of the points, on which I have been consulted by you. I have sent a copy to Mr. Wm. Madison.
Mr. Rose has commenced a suit, in which he employs a great scope of demand. I have yet received no information from Mr. Wm. M. concerning it; tho’ it will be time enough, when the bill is filed. I am dear sir always Yr. friend
Edm: Randolph.

   RC (DLC). Docketed by JM.

   Randolph probably enclosed the chancery court decree in the case between JM and William Madison and others, 3 Mar. 1803.


Title: From James Madison to Thomas Jefferson, 14 March 1803
From: Madison, James
To: Jefferson, Thomas

Dear SirWashington Mar. 14. 1803
You will find in the gazette of this morning the letter from d’Yrujo, which he wished to be printed, and which will I hope do good. Pichon has also written a strong letter to the Govr. of Louisiana, summoning him on his responsibility, to see that the Cession of that province to France be not affected, nor the amicable relations of the Republic to the U. States, be endangered, by a perseverence of the Intendant in his breach of the Treaty. Both these Ministers are deeply alarmed at the apparent tendency of things and seem willing to risk themselves for the purpose of checking it.
I have just recd. & decyphered the inclosed letters from Mr. Livingston. In general they wear a better aspect than heretofore, but it is remarkable, unless some intermediate letter has not been recd. that nothing is said of the written assurance which was to be given on the return of the chief Consul, that the Spanish Treaty would be faithfully observed by France. It is still more remarkable that he should undertake to prescribe measures, without hinting even the reasons for them. The whole of his postscript of Decr. 23. is an enigma; suggesting a fear of some hazardous finesse or some unwarrantable project, rather than a hope of successful negociation. What inconsistency also in waiting for safe opportunities, and at the same [time] putting his letter which contains confidential things not even in Cypher, into the hands of a British Minister. Surely a letter in Cypher might as well be trusted to a French post office; and then he might write as frequently & fully as he pleased, thro’ England, and with a much better chance of despatch, than by direct conveyances from Paris.
OBrien says that the Dey of Algiers threatens war if the Stores be not sent, and allows three months only for their arrival. He demands, over & above the stores, 1000 barrels of Gun powder. The answer to this request he says must be in a separate letter from the President. But the importance of the subject requires that you should see the letter, and I therefore inclose it. With respectful attachment I remain Yours
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 18 Mar.

   Yrujo to JM, 10 Mar. 1803.

   See Pichon to JM, 11 Mar. 1803, and n. 1.

   Among the letters was Livingston’s 20 Dec. 1802 dispatch.

   The triplicate of O’Brien’s 23 Nov. 1802 letter to JM was enclosed in Livingston’s 20 Dec. 1802 dispatch.


Title: To James Madison from John Elmslie, Jr., 14 March 1803 (Abstract)
From: Elmslie, John
To: Madison, James

14 March 1803, Cape Town. Last wrote on 3 Feb. enclosing a semiannual list of vessels reporting at his office. Transmits a copy. The British frigate Concord arrived 19 Feb. with a second dispatch from the British government to Lieutenant General Dundas, ordering delivery of the cape to the Batavian government. The Batavian flag was hoisted 21 Feb. “On the 1st. of this month His Excellency Governor Janssens was Installed by the Commissary General and the Several bodies of Police took the oaths of Office.” It appears from a recent proclamation of the commissary general that trade with the colony will “be placed on a very liberal footing.” Will forward the regulations as soon as they are published. His functions having ceased in consequence of the change in government, awaits the president’s instructions. Encloses the papers [not found] of the brig Frederica Mary Ann, which was sold there “to a foreigner” as the captain is not returning to the U.S. Neglected to mention in his 3 Feb. dispatch the arrival of the Resolution of Portsmouth, New Hampshire, Thomas Oxnard, master, carrying a cargo of slaves to the Río de la Plata. Thinks it his duty to mention this, should government wish to give him instructions, “as there are several other American vessels engaged in the carrying of Slaves from Mosambique & Madagascar to the Spanish and Portugue[se] settlements.”

   RC (DNA: RG 59, CD, Cape Town, vol. 1). 4 pp. Docketed by Wagner as received 30 May.

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


Title: To James Madison from Levi Lincoln, 14 March 1803 (Abstract)
From: Lincoln, Levi
To: Madison, James

14 March 1803, Washington. Responds to questions contained in a letter from Governor Harrison to JM which he received from the president. Finds it difficult to understand why Harrison doubts that Detroit was considered outside the limits of the Northwest Territory while it was in British possession. The resolve of 20 June 1788 confirms titles and possession of the described lands to inhabitants who professed to be U.S. citizens on or before 1783. The resolve also provides that each family that continued to reside on its lands for three years after receiving an additional 400-acre allotment should have title to that land, “otherwise not.” The act of 3 Mar. 1791 provided that heads of families who were at either Vincennes or Illinois in 1783 and who had removed from one to the other should have their 400 acres in whichever of the two districts they chose. The act further provided that heads of families who had moved outside the territorial limits but returned and occupied those lands within five years should also be entitled to the donation lands. The act changed the terms on which donation lands could be acquired only in reference to those who had moved from one to the other of the two districts or had moved outside the territorial limits. All other claims are still decided by the terms of the resolve. It is clear that “the territory, intended by the act, is the northwestern territory, and not that of Vincennes, Illinois, or of the allotted lands,” and that the five years are to be computed from passage of the act and not from the claimant’s departure from Vincennes or Illinois, as Harrison seems to suppose. “Three descriptions of persons only appear to be entitled to the alloted donation lands; one, under the resolve, & two, under the act.” Under the resolve are such heads of families, or their heirs, who lived within the described district three years after the allotment of the lands. Under the act are, first, those who had moved from one district to the other before passage of the act and, second, those who had moved outside territorial limits, “returned to their respective district,” and settled within five years. There is only a question concerning the last description. If Detroit, as is conceived, is within the territory, those who moved there and then returned to Vincennes or Illinois within the five years and occupied their lands are not within the provisions of the act, which made no provision for those who moved to places outside the districts but within the territory, without having secured title by three years’ residence. Such people “were probably presumed” from their situation and access to information to have known of the original terms of the donation and to have abandoned their claims by nonresidence and noncompliance. Persons who had moved from one district to the other had shown an intention of removing into that country and were provided for; those who moved outside the territory and might not have received news of the donation were provided for if they returned to the territory within five years. Persons who went to Detroit fell within neither provision. “Besides associating with those who were possibly maintaining an adverse possession, hostile to the rights of the U. S. they were in a situation, in which, they might as easily have learnt … of the passing the resolve & its provisions, as if they had resided in some other parts of the territory.” Other reasons for considering Detroit as within the territory are its being geographically so by treaty and right. As such it was claimed by the U.S. and withheld by Great Britain to compel “compliance with their demands.” The terms of the act describe boundaries, not the actual exercise of civil authority. “The words are, ‘without the limits of the territory’ as expressive of local extent, & not of the actual limits of political power or extent of legal jurisdiction.” Strictly speaking, the territory the British occupied at Detroit was within the “outward limits” of the Northwest Territory as possessed by the U.S. British possession being wrongful, it could not be considered as extending beyond the territory the British actually occupied, while U.S. possession, under the treaty, includes “all the lands and waters, from which they were not actually excluded, within their treaty limits; and of course as extending to the line northwardly of Detroit, so as to incircle it.” Even if Detroit is considered as being outside the territorial limits as meant in the act, if those who moved there did not return to Vincennes and occupy land within five years of the passage of the act, “they cannot be intitled to any benefit under it.”

   RC (DNA: RG 59, LOAG). 5 pp. Docketed by Wagner, with his notation, “on Govr. Harrison’s letter of the 18 Jany. 1803.” Printed in Carter, Territorial Papers, Indiana, 7:96–98. JM sent a copy of Lincoln’s letter to William Henry Harrison (see JM to Harrison, 22 Apr. 1803 [DNA: RG 59, DL, vol. 14]).

   Harrison’s 18 Jan. 1803 letter has not been found.

   For the resolve of 20 June 1788, dealing with lands in the Illinois country, see Worthington Chauncey Ford, ed., Journals of the Continental Congress, 1774–1789 (34 vols.; Washington, 1904–37; 1968 reprint), 34:247–52.

   U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:221–22.


Title: To James Madison from Francis Brooke, 15 March 1803 (Abstract)
From: Brooke, Francis
To: Madison, James

15 March 1803, Fredericksburg. Returns the enclosed commission [not found] because acceptance would render him ineligible for a state Senate seat for which he is again a candidate.

   RC (DNA: RG 59, ML). 1 p. Brooke had been appointed as a commissioner of bankruptcy (see Jefferson’s list of appointments, n.d. [DNA: RG 59, LAR, 1801–9, filed under “Jefferson”]).


Title: To James Madison from James Leander Cathcart, 15 March 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

15 March 1803, “Chesapeake at Sea.” No. 2. Encloses a journal of events which have taken place since his last dispatch. Enclosure A contains the latest information from Tripoli, and enclosure B is his last letter to Nissen. Hopes Eaton will be able to efface the suspicion he is under at present of misapplication of public money and “thereby, eradicate, unfavourable impressions, prejudicial to his reputation.” Eaton asserts that if the government admits his expenses, it will be in debt to him after he refunds the $22,000 paid on his account by Morris. Hopes this is true and that if Eaton “is really innocent,” he may be returned to Tunis, if only for six months, “for if those Bashaw’s, are permitted, to change our Consul’s, at their pleasure, they will not only treat us, with contempt, but, will continually, levy contributions, on us, by way of Consular presents.” Even if Eaton’s conduct has been such as to prevent his continuance in office, no consular present ought to be paid at Tunis. The bey has “turn’d the Consul away,” and the U.S. should send another in compliance with the treaty; but the treaty does not mention presents, and paying them without dispute would furnish the other Barbary states with “a pernicious precedent, which they, will not fail, to take advantage of.” If the news should reach Algiers that Eaton was replaced on the bey’s orders, “the Dey, will immediately quote, that, as precedent for my, being not admitted at Algiers, which will place me, in a very awkward situation.” Commodore Morris and other naval officers suspect that Eaton connived at his own arrest “in order, to be reliev’d from his pecuniary embarrassments” but did not realize his expulsion from Tunis was contemplated. “I cannot suppose him guilty of such baseness. I know him long, and always found him, possess’d of a high, sense of honor. I rather suppose Sir, that, his zeal, has been imprudent, which, has created him a number of enemies, of much more intrigue than he possesses, and to whose wiles, he has at length fallen a sacrifice, but no situation of affairs, can, justify the insult, our Country, has suffer’d in the person of our Commodore; it is an act of violence, unprecedented even in the annals of Barbary.” Will give JM the earliest information of the “real state of Affairs, in those Regency’s.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 3 pp. In a clerk’s hand, signed by Cathcart. Docketed by Wagner as received 19 May.

   Cathcart enclosed a copy of his “clear, succinct and impartial Journal of events” which took place on the Barbary Coast from 29 Jan. to 14 Mar. 1803 (15 pp.; docketed by Wagner as received 19 May; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:350–55). As he accompanied Commodore Morris on the Chesapeake, Cathcart described the U.S. squadron’s unsuccessful attempt to blockade Tripoli and its return to Malta, where it was “detained by contrary winds” until 19 Feb. He recorded in detail the events that occurred at Tunis between 22 Feb. and 13 Mar., including Morris’s audience with the bey and meetings with Hajj Unis ben Unis, the bey’s commercial agent, and Hamet Gurgi, an agent representing Hamet Qaramanli; Morris’s detention by the bey; the settlement of Eaton’s debt to Unis ben Unis; and Eaton’s expulsion by the bey. In the journal Cathcart referred to the fourteen enclosures that accompany it, which are copies of (1) O’Brien’s 15 Oct. 1802 circular letter (2 pp.; see Kirkpatrick to JM, 15 Dec. 1802, and n. 2), addressed to Eaton with an appended note by O’Brien reporting the dey’s demand to know when the annuities would arrive and his refusal to accept Cathcart as consul; (2) Eaton to Cathcart, 4 Dec. 1802 (3 pp.), enclosing O’Brien’s circular and note, urging Cathcart to hurry to Tunis to discuss “an event” that rendered the project involving Hamet Qaramanli “more than ever promising,” and in postscripts of 30 Dec. and 6 Jan. expressing his frustration and desire to leave Tunis, stating that the pasha would not accept the terms Cathcart had offered, and urging that Peter Lisle [Murad Rais] be hanged should Morris capture him; (3) Eaton to Cathcart, 14 Jan. 1803 (1 p.), expressing disappointment at not having seen or heard from Cathcart; (4) Nissen to Cathcart, 18 Jan. 1803 (2 pp.), reporting the events in Tripoli described in Nissen to Eaton, 30 Jan. 1803 (see n. 2); (5) Cathcart to Eaton, 29 Jan. 1803 (1 p.), stating that the U.S. squadron would appear at Tunis as soon as possible; (6) Eaton’s 9 Aug. 1802 promissory note (1 p.; in Italian) for $34,000 borrowed from Unis ben Unis for matters with which Eaton was charged by the U.S. government; (7) Cathcart’s translation (1 p.) of a letter dictated to Morris by M. Devoize, the French agent at Tunis, stating that Morris preferred the French agent’s aid to that of any other at Tunis and agreeing to reimburse the $22,000 to be advanced by Devoize; (8) Morris to Cathcart, 7 Mar. 1803 (1 p.), explaining that the delay in sending the money ashore was caused by strong winds (printed ibid., 2:370); (9) Cathcart to Morris, 7 Mar. 1803 (2 pp.), giving details of the sale of Eaton’s ship Gloria and some coffee Eaton owned, which would leave a balance of $22,000 required to discharge Eaton’s obligation, expressing dismay at the insult offered to the U.S. in Morris’s person, and warning Morris to “by no means trust yourself on shore”; (10) Morris to Cathcart, 7 Mar. 1803 (2 pp.), sending $22,000 to discharge the remainder of Eaton’s debt and asking Cathcart to “take Mr. Eaton’s assignment, of all his personal, and real property” and to present George Davis as U.S. agent ad interim (printed ibid., 2:370); (11) Morris to the bey of Tunis, 7 Mar. 1803 (2 pp.), stating that only bad weather and ill health had kept him from returning with the money and introducing Davis, to which Cathcart appended a note stating that if he were commander of the squadron he would have sent a protest against the treatment afforded him rather than this letter (printed ibid., 2:369); (12) receipts from Unis ben Unis, 7 Mar. 1803 (1 p.; in Italian), for $12,000 from Eaton and $22,000 from Cathcart, written on the verso of enclosure no. 6; (13) a statement by Cathcart, 8 Mar. 1803 (1 p.), binding the U.S. to indemnify Danish consul Carl Christian Hoick for any loss that might result from his becoming guarantor for the fulfillment of Eaton’s contract to sell the Gloria at Leghorn; and (14) a 9 Mar. 1803 assignment by Eaton (2 pp.) of all his property, real, personal, and mixed, to the U.S. government as indemnification for the $22,000 advanced should the government not accept his accounts (enclosures nos. 12–14 are witnessed by John Rodgers and George Davis).

   Enclosure A is a copy of Nissen to Eaton, 30 Jan. 1803 (2 pp.), in which Nissen reported that since he last wrote on 10 Dec., all the Tripolitan cruisers and Murad Rais had returned with no prizes of consequence. He mentioned the marriages of the pasha’s son and daughter in December. “It is not astonishing,” he observed, “that the Bashaw will not pay attention to the proposals of the United States of America; as he, has received letters, from Malta mentioning very considerable sums, that were, to be employ’d for purchasing his friendship, he therefore, believes, the Offers of Mr. Cathcart, only to be introductory.” Nissen related a rumor at Tripoli that the dey had refused to receive Cathcart. He added in a 17 Feb. postscript that a frigate had appeared to the east that was supposed to be American but that it was not close enough to be identified. Cathcart appended a note: “Mr. OBrien has been indefatigable in propagating the story that I would not be receiv’d at Algiers & endeavors to make it be thought an act of the Deys when in reality it is no more than an intrigue of his own aided by the Jews, which with very little trouble might be counteracted; but if a decided position is not taken by our Comodore we shall be laugh’d at, the question is shall the Dey of Algiers dictate to the President of the United States who he shall appoint U S Agent at Algiers or shall he be at liberty to appoint who he pleases.”

   In enclosure B, Cathcart to Nissen, 3 Mar. 1803 (2 pp.), Cathcart stated that in his 25 Nov. letter to Nissen he had intimated that indemnification would be exacted from Tripoli for the expenses of the war, and he declared that “was [the pasha] to offer the United States, a permanent peace, for one thousand dollars, it would not be given.” But, he added, he had mentioned in a later letter that he saw no great difficulty in the negotiations if the pasha “thought proper, to negociate, upon terms, of equality, and reciprocity.” He also asked Nissen to try to retrieve “the cash, in the hands of the Jews” and added in an explanatory note: “This is the price of the cloth which the Bashaw of Tripoli took from me during my residence there 1300 dollars of which Mr. Nissen has recover’d.”

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


Title: To James Madison from William C. C. Claiborne, 15 March 1803 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

15 March 1803, “Near Natchez.” Has been requested to forward the enclosed petition from the Mississippi Territory House of Representatives [not found] regarding “the free Navigation of certain Navigable Rivers, ‘falling into the Bay of Mexico, from the Territories of the United States, and passing thro’ the Dominions of his Catholic Majesty’”; asks that it be laid before the president. On 12 Mar. the legislature elected Dr. William Lattimore of Natchez territorial delegate to Congress for two years. He is “a young man of promising Talents, & a firm & genuine republican.” The legislature then adjourned until October 1803. The laws passed are now in press; will send JM a copy “as soon as they are printed.” Has received no recent news from New Orleans.

   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)., 1:279–80.

   On 3 May 1803 Jefferson recorded receiving a 12 Mar. 1803 memorial and petition from the Mississippi Territory House of Representatives (Jefferson’s Epistolary Record [DLC: Jefferson Papers]). On 23 May 1803 he wrote to Claiborne acknowledging receipt of the addresses, which asked “that measures may be adopted for procuring to the citizens of the U.S. settled on the navigable rivers running into the bay of Mexico the free navigation of those rivers to & from the ocean.” He said that Pinckney had been instructed to request the right of free passage from the Spanish government after the receipt of a petition from the residents themselves “early in the last year” and the subject had been renewed in the joint instructions given to Monroe and Pinckney. Jefferson enclosed his reply to the legislature (not found) in a 24 May 1803 private letter to Claiborne (DLC: Jefferson Papers).

   William Lattimore (1774–1843) was born in Norfolk, Virginia, where he studied medicine before moving to Natchez. He was a delegate from the Mississippi Territory to Congress, 1803–7 and 1813–17, as well as a delegate to the first Mississippi state constitutional convention.


Title: To James Madison from Vincent Gray, 15 March 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

15 March 1803, Havana. Refers JM to his 8 Mar. letter on the subject of the arrival of the packet. Has since been informed that the ship was sent solely to convey dispatches relating to New Orleans. The marqués de Casa Calvo, former governor of Louisiana, has been appointed to deliver Louisiana to the French and will leave “in about six days.” The French squadron is expected “hourly” at Havana. Apartments are being prepared in the house of Gray’s friend for General Victor, which will allow Gray an opportunity of becoming acquainted with him and “probably of gaining some information that may be useful.” General Noailles said “a few days past” that he might be ordered from Havana to Louisiana, which Gray hopes is true, since Noailles “is well acquainted with the temper and disposition” of Americans. Arango sailed from Havana to Cap Français on the day Gray mentioned and presumably will return soon. “When he does, or before, I shall know the result of the mission.” Has no further information respecting the pirates. Adds in a postscript that he has not received the acts of the last Congress nor a letter from the State Department since Morton arrived in the U.S. “I have seen a License granted by General Victor, as Captain General of Louisiana, dated on board the ship of the Commander of that expedition, Helvoetsluys 29th. November 1802, for the admission of two Cargoes of Negroes into that Colony.” The license was to remain in force until fifteen days after the transfer of Louisiana to France.

   RC (DNA: RG 59, CD, Havana, vol. 1). 2 pp.

   See Gray to JM, 2 Mar. 1803.

   See John Morton to JM, 9 Aug. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:466–67).

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


Title: To James Madison from Isaac Cox Barnet, 16 March 1803 (Abstract)
From: Barnet, Isaac Cox
To: Madison, James

16 March 1803, Antwerp. News was received on 13 Mar. of recent British measures indicating a renewal of war. “This news and the double levy of conscripts gives serious uneasiness to every class of people here and particularly to the foreign Merchants.” Prices of foreign goods “rose immediately, very considerably,” and will probably continue at elevated prices in Batavian ports “for some time.” Cannot say what this market will mean for American products; “few are yet known here and most of the Cargo of the Ship Philadelphia arrived this day is as Samples for trial.”
Adds in an 18 Mar. postscript, “I had a letter last eveng. from my friend Mr. Skipwith dated Paris 14th. inst. he says ’he was not yet recovered from an indisposition which had confined him for the last ten days to his Bed:
“‘I have read attentively the papers you have sent me respecting Mr. Deblois. I cannot discover the shadow of duplicity in your conduct towards him: the President must have been led to believe that Havre was the place of your choice, consequently that it was still in his power to gratify you and please the person destined for Antwerp. It is only to be regretted that he (Mr. D.) should vex either himself or you under a different impression.… War is expected with England. Mr Monroe is daily expected at Bordeaux. Our differences with Spain will most probably be terminated amicably and things go on better than they have done with this Govt.’”
“Should a war ensue I shall have much to regret having given Havre a preference over this place in point of coml. advantages—but I do not find this Climate agre⟨es⟩ well with me—that of Havre tho.’ not the best of France will be less severe than this. My desire is to be fixed, provide for my family and serve my Country well.”

   RC (DNA: RG 59, CD, Antwerp, vol. 1). 2 pp. Docketed by Wagner, “12 March 1803.”

   William Deblois had apparently been performing as commercial agent at Le Havre in the fall of 1802 before John Mitchell assumed the post of vice-consul. On 11 Nov. 1802 Deblois wrote Fulwar Skipwith complaining of insufficient consular funds to maintain the flood of American seamen who were pouring into Le Havre seeking assistance. He noted that among them was one who had “arrived on foot from Bilbao, via Bordeaux and Paris.” Barnet retained the Le Havre consulate until JM appointed him consul at Paris in 1816 (DNA: RG 59, CD, Havre, vol. 1; Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 3:43, 61).

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


Title: To James Madison from William Bass, 16 March 1803 (Abstract)
From: Bass, William
To: Madison, James

16 March 1803, Bordeaux. Forwards a letter received at the consulate “a few days ago” from Cathalan and informs JM that “Mr. Lee who has been confined near two months with a severe illness is on the recovery.”

   RC (DNA: RG 59, CD, Bordeaux, vol. 1). 1 p. Docketed by Wagner.

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


Title: To James Madison from Rufus King, 16 March 1803 (Abstract)
From: King, Rufus
To: Madison, James

16 March 1803, London. No. 84. “Couriers last evening arrived at the french Ambassadors from Paris, and at the same Time a Messenger from Lord Whitworth: they left Paris after the communication of the Kings Message to Parliament of the 8th. instant had been received there. General Andreossi and the Dutch Ambassador both told me to day that for the purpose of taking away the pretext for War (as they expressed themselves) arising out of the Colonial Expeditions preparing in the Dutch and French Ports, the Expedition to Louisiana has been countermanded, and will not now proceed.”

“The Answer from Paris it is understood professes a sincere desire of Peace, demands the immediate fulfilment of the Stipulations of the Treaty of Amiens, and precise explanations why the Evacuation of Malta has been hitherto delayed. It likewise alludes to the Kings Message, and insinuates that it is impossible to imagine that it can be believed that the proposed armament can have any influence upon the determinations of France.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp. Marked duplicate. In a clerk’s hand, signed by King. Docketed by Wagner as received 8 May. Printed in King, Life and Correspondence of Rufus King, 4:228.


Title: To James Madison from William Kirkpatrick, 16 March 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

16 March 1803, Málaga. Encloses copies of his 25 Jan., 1 Feb., and 8 Mar. [not found] dispatches. Writes chiefly to enclose copies of O’Brien’s 30 Jan. and 2 Feb. letters, the latter with a 21 Feb. postscript. Presumes JM was advised from Madrid of the new health regulations requiring a twenty-day quarantine for ships arriving from the U.S. with bills of health certified by the Spanish consul at the port of departure. Describes quarantine conditions imposed on all ships arriving without a certificate. U.S. ships arriving from Gibraltar with clean bills of health are also required to undergo quarantine, “whilst those of all other Nations under similar Circumstances are immediately admitted to Pratic.” This is “preposterous” and useless, since U.S. ships at Gibraltar have communications on shore and on board vessels that come to Spanish ports. Has written to Pinckney to have the order rescinded. “If He cannot succeed in having it done Away, no blame Can be Attached to me, my Efforts here, having hitherto proven effectual.” Believes the local board of health has “devised this method of incomoding our Trade” without orders from Madrid, as such difficulties do not prevail at Cádiz or Alicante. The board of health at Madrid has also ordered that no ship from any foreign port be admitted in the Mediterranean without a certificate to their bills of health from Spanish officials. Presumes this rule was established for “procuring a handsome income to their consuls in foreign Ports.”

   RC (DNA: RG 59, CD, Málaga, vol. 1); enclosures (DNA: RG 59, CD, Algiers, vol. 6). RC 3 pp. For enclosures, see n. 1.

   Kirkpatrick enclosed copies of O’Brien’s 30 Jan. and 2 Feb. 1803 letters (4 pp.; docketed by Wagner as “Recd in W. Kirkpatricks”). The two letters are nearly identical and include the same information as in O’Brien to Jarvis, 2 Feb. 1803 (see Jarvis to JM, 15 Mar. 1803, n. 2). O’Brien’s 2 Feb. letter to Kirkpatrick contains a 21 Feb. postscript which acknowledges the receipt of Kirkpatrick’s letter of 25 Aug. and adds that the French consul had received answers from Paris, but “what will be the result I do not as yet learn.”

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


Title: From James Madison to Thomas Jefferson, 17 March 1803
From: Madison, James
To: Jefferson, Thomas

Dear SirWashington Mar. 17. 1803
In the inclosed Intelligencer you will find the letter from Pichon to the Govr. of Louisiana. Having been written without reference to its publication, it is less carefully fitted than Yrujo’s for the contemplated impression; and in connection with that presents some points for sophistical comments, which are made rather more, than less salient by the reflections of the Editor. The letter will however be useful in several respects, particularly in rescuing France from the odium thrown on her suspected agency.
There are voluminous communications from the Mediterranean but in general of Old date. The inclosed letter from the Bey of Tunis, of which a copy was some time ago recd. claims attention. Eaton says he dreads the consequence of a refusal, yet takes for granted that it will as it ought to take place. If an account recd. last night from Kirkpatrick be true, which appears to be authentic, Algiers will probably become more managiable. He writes from Malaga, on Feby. 1. that the French Consul there, had advice from his colleague at Barcelona, that a vessel had just arrived there with despatches for the French Govt. informing it of a declaration of war by the Dey [of] Algiers, and that the despatches were gone on by Express to Paris. In general our affairs were considered in [the] Mediteranean as tending the wrong way. All agree that peace with Tripoli was for a long time in our power & almost on our own terms; and lament that the crisis is probably past. For the present it seems essential that the gun carriages shd. go to Morroco; the stipulated Stores to Algiers, and a complaisant refusal of the Frigate, to Tunis. With respect to Tripoli, we must wait for communications from Morris & Cathcart. I have written to Lear to sound him on the subject of taking Cathcart’s place at Algiers.
The other inclosed letter has just been put into my hands by Mr. Pichon. With respectful attachments always yours
James Madison

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 21 Mar.

   See Pichon to JM, 11 Mar. 1803, and n. 1.

   The editorial “reflections” alluded to by JM expressed the hope that the crisis had been caused by mistaken or unauthorized acts of local officials and predicted that Monroe would be the perfect envoy to vindicate U.S. interests. Should it prove, however, that the closure of the deposit arose from “illegal acts” by Spain or France, the editorial hinted that French and Spanish interests would suffer. “There is, and can be but one opinion in America; and there is but one sentiment. The spirit that exists on the Atlantic is as indignant as that beyond the mountains.” Should the negotiations fail, the editorial warned, the U.S. would have recourse to arms (National Intelligencer, 16 Mar. 1803).

   For the letter from the bey of Tunis demanding a frigate, see Eaton to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:574–75, 577–78 n.).

   Letter not found.

   JM may have enclosed Pichon’s 17 Mar. 1803 letter to him.


Title: To James Madison from Thomas Jefferson, 17 March 1803
From: Jefferson, Thomas
To: Madison, James

Dear SirMonticello Mar. 17. 1803.
Your’s of the 10th. is recieved and I now inclose a letter to the Secretary of the navy, which be pleased to seal & deliver after perusal. I think not a moment should be lost in forwarding the stores to Algiers, as it is of im⟨po⟩rtance to keep those powers quiet. Might it not be useful to propose to the Dey with a year’s annuity in stores to recieve another year’s in money? The answer from the Intendant of New Orleans was not unexpected to me; and I question whether any thing moves him but the shipment to Spain. Accept my affectionate salutations.
Th: Jefferson

   FC (DLC: Jefferson Papers).

   In his 17 Mar. letter to Robert Smith (DLC: Jefferson Papers), Jefferson authorized the purchase of stores to be sent immediately to the dey. He referred Smith to JM for the list of items needed and suggested Smith take JM’s advice on the particulars.


Title: To James Madison from Rufus King, 17 March 1803
From: King, Rufus
To: Madison, James

No. 85.
SirLondon Mar. 17. 1803
War seems more and more probable, indeed it appears to me inevitable: Holland will be involved, and Spain and Portugal must obey the commands of France. The day after the Kings Message to Parliament was communicated to the French Government, Bonaparte delivered to Lord Whitworth a paper (a copy of which I have seen) stating:

1.That the Expedition preparing in the Dutch Ports, was, as all the World knew, destined for America, but in consequence of the Message, that it had been recalled and would not proceed.
2.That if the armament announced in the Message be not satisfactorily explained, or if it take place that France would march 20,000 Men into Holland.
3.That the Forces debarked in the Ports of Holland would be reinforced and assembled on the Coast of Flanders.

4.That the French Army will be immediately put on a War Establishment.
5.That Camps would be formed on the Coast between Dunkirk and Boulonge.
6.That an army would enter Switzerland.
7.That an army would march into Italy and occupy Tarento.
8.And That England must not expect, under the cover of an armament, to avoid the Execution of the Treaty of Amiens.

The greatest activity continues to prevail in the Military and Naval Departments: it is understood that the Squadrons in the West and East Indies, and in the Mediterranean will not immediately require re-inforcement, and that a respectable Fleet will soon appear in the Channel and on the Coast of Ireland. The regular army on foot in Great Britain (exclusive of the forces in Ireland, Egypt, Malta, Gibraltar and the Colonies) consists of 27.000 infantry, and 12,000 Cavalry, and will be reinforced immediately by 37,000 of the Militia which have been called out.
I don’t hear of Mr. Monroe’s arrival, tho’ I learn from Mr. Livingston that he is daily expected in France. Mr. Merry is preparing to embark for the United States, and is pressed by his Government to be ready to leave England in the first Week of April. With perfect Respect & Esteem I have the honour to be, Sir, Your obedient & humble servt.
Rufus King

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC marked “(Duplicate).” In a clerk’s hand, signed by King. Docketed by Wagner as received 8 May.


Title: To James Madison from John Gavino, 17 March 1803 (Abstract)
From: Gavino, John
To: Madison, James

17 March 1803, Gibraltar. No. 117. “I referr to my last No. 116 [8 Mar. 1803] and have now to inform you that two days ago arrived the Crew for the Moorish Ship in question about 40 Men among them the Tripolin who formerly Commanded the Brig and laterly the said Ship they report are going for A[r]zev to load wheat for Tunis, the Ship is ready and Expect will sail in 6 or 8 days; the Adams Capn. Campbell is on the look out to Examin her Papers.” Has learned by a frigate that arrived in six days from Great Britain that “Sir Thos. Trigg is coming out with a relief for the Regiments here (the 54. Excepted) and that our present Governour goes Home.”

   RC (DNA: RG 59, CD, Gibraltar, vol. 2). 1 p. Docketed by Wagner as received 8 May.

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


Title: To James Madison from John Leonard, 17 March 1803 (Abstract)
From: Leonard, John
To: Madison, James

17 March 1803, “Evans’s Hotel,” Baltimore. The brig Hope of Baltimore, in which he intends to embark, will sail “on Thursday” for Oporto in Portugal. Immediately after arrival he will proceed to Madrid. Offers to be the bearer of “any commands you may have for that country.” Asks for a letter of introduction to Pinckney. Offers his compliments “to Mrs Madison & Miss Pain.”

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

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


Title: To James Madison from Louis-André Pichon, 17 March 1803 (Abstract)
From: Pichon, Louis-André
To: Madison, James

17 March 1803, Georgetown. Encloses a copy and the original of Napoleon’s commission naming Gérard Cazeaux as vice–commercial agent for New Hampshire, residing at Portsmouth. Asks JM to request an exequatur for him from the president.

   RC and enclosure (DNA: RG 59, NFL, France, vol. 1). RC 1 p.; in French. Docketed by Wagner. Enclosure (2 pp.; in French) is a copy of the commission, dated 26 Messidor an X (15 July 1802). JM sent the exequatur to Pichon on 6 Apr. 1803 (DNA: RG 59, DL, vol. 14).


Title: To James Madison from William Herbert, 18 March 1803 (Abstract)
From: Herbert, William
To: Madison, James

18 March 1803, Alexandria. Acknowledges JM’s 16 Mar. letter [not found]. “The Money Directed to be remited to me by Mr. Munroe, is, I presume, Intended to meet the Discounts on his Notes, in this Bank, as they may be renewed. I have no Claim Against him. Any Sum that you may be pleased to remit me for his Account, Shall be Carried to his Credit, on the Bank Books.”

   RC (DLC). 1 p.

   See Monroe to JM, 7 Mar. 1803.


Title: To James Madison from Levi Lincoln, 18 March 1803 (Abstract)
From: Lincoln, Levi
To: Madison, James

18 March 1803, Washington. Returns Bingham’s letters respecting his action with Cabot and others, as they are little more than repetitions of former statements, and makes the following observations, similar to those made in an earlier letter, of which he kept no copy. Bingham, who considers his demand against the U.S. as warranted by law, should certainly have the benefit of any resolve passed in his favor, but not of any erroneous construction of such a resolve. “Uncontested facts, and the repeated decisions of Courts” show that Bingham could not have acted as the U.S. agent in the contested transaction. “If he had so acted, he must have prevailed in his suits.” Bouillé’s order, which is Bingham’s “first, and only, authority for meddling with the property in question,” was that the ship’s cargo be sold and the proceeds held by Bingham for delivery to the rightful owner according to congressional decision. Reviews the history of Bingham’s actions, the initiation of suits in the Massachusetts courts, and the congressional resolve to relieve Bingham of expenses relating to those suits and to release his property from attachments placed against it in connection with the suits. Analyzes congressional intent in passing the resolve and notes Bingham should have returned the funds in question to the plaintiffs after a June 1797 circuit court decision in their favor. Bingham cannot complain of injury after having had the use of the money for so long, and he “has mistaken both facts & principles, in some very material points.” There is no reason for Congress to have assumed the obligation of payment for property Bingham was to hold for the rightful owners and from which he made “interest profits, if not mercantile profits.” Congress merely intended to prevent injury to private individuals and embarrassment to an agent until the case was settled, not to take responsibility for the debt. Bingham had ample time to obtain evidence of the market price of the flour at the time of sale, had it differed from the actual sale price. Bingham appears to have suffered no loss from suits against his trustee Russell, who was merely the guarantor for Bingham’s payments, and if he did, such loss was balanced by the plaintiffs’ loss of the use of their property during the time Bingham had it. Will not pursue the issue of damages as he dwelt on it in his earlier letter. In considering Bingham’s statement, his subsequent letters, trial evidence, court decisions, and government measures, “I can find neither law, justice or equity in the demand made against the United States.”

   RC (DNA: RG 59, LOAG). 9 pp. Docketed by Wagner. Printed in Hall, Official Opinions of the Attorneys General, 1:127–36.

   See Bingham to JM, 12 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:569–72).

   See Lincoln to JM, 21 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:416).

   Thomas Russell was one of William Bingham’s agents in the Pilgrim case (Margaret L. Brown, “William Bingham, Agent of the Continental Congress in Martinique,” Pa. Magazine of History and Biography, 61 [1937]: 84).


Title: To James Madison from Thomas Jefferson, 19 March 1803
From: Jefferson, Thomas
To: Madison, James

Dear SirMonticello Mar. 19. 1803.
I wrote you on the 17th. since which yours of the 14th. is recieved, and I now return the letters of Mr. Livingston & O’Brien. I hope the game mr. Livingston says he is playing is a candid & honourable one. Besides an unwillingness to accept any advantage which should have been obtained by other means, no other means can probably succeed there. An American contending by stratagem against those exercised in it from their cradle would undoubtedly be outwitted by them. In such a field and for such an actor nothing but plain direct honesty can be either honourable or advantageous. I am in hopes the stores for Algiers will be sent off without delay, so as to stop the growling of that dog. When shall we get rid of Obrien? What says Colo. Lear? As to the 10,000. barrels of powder, if he refuses money for the annuity of the present year & would take that instead of naval stores, it would be well. Certainly on so slight a verbal intimation no answer can be expected from the hand of the president in writing. Mr. Smith having observed that it would be much cheaper to have the gun carriages for the emperor of Marocco made in his vicinity, and that, made according to his directions, they would probably be more acceptable, than those we should send at hazard, I promised to speak to you on the subject, & thought I had done so. Will you & he be so good as to conclude & do what is best? If the money be put into Simson’s hands, perhaps the emperor would prefer taking it & having the gun carriages made or not made as he would prefer. Accept my affectionate salutations.
Th: Jefferson
P. S. I send you also a letter of Colo. Monroe for perusal, and have to add that Edward Turner of Kentucky is to be commissioned immediately as Register of the land office at Natchez.

   RC (DLC: Rives Collection, Madison Papers); FC (DLC: Jefferson Papers).

   Monroe to Jefferson, 7 Mar. 1803 (docketed by Jefferson as received 18 Mar.; printed in Hamilton, Writings of MonroeStanislaus Murray Hamilton, ed., The Writings of James Monroe … (7 vols.; New York and London, 1898–1903)., 4:4–8).


Title: To James Madison from Thomas Auldjo, 19 March 1803 (Abstract)
From: Auldjo, Thomas
To: Madison, James

19 March 1803, Cowes. Acknowledges receipt of JM’s August 1802 circular. Observes that if no allowance beyond twelve cents per day is made for the subsistence of Americans, “there will certainly occasions arise in which they must either Suffer considerable hardship or the Consul will be burthened with the expence of relief.” Cites instances of sick men left on consuls’ hands and notes that “only a few weeks ago four people were landed here who were pickt up by a Charleston ship at Sea in an open boat off the Coast of Carolina.” The apprehension of war has raised the price of wheat to 7s. 6d. sterling per bushel. Prices of other grains have also increased. “But I apprehend everything will subside in case of matters being accommodated of which I think there is at present a prospect: but a continuan⟨ce⟩ of peace is rather to be wished than expected.” American seamen have been taken “in the late bustle of impress,” but he believes it is not Great Britain’s intention “to distress American Shipping & that as soon as the applications made in behalf of the impressed Seamen, can receive attention orders will be issued for their release.”

   RC (DNA: RG 59, CD, Southampton, vol. 1). 2 pp.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5.

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


Title: To James Madison from Stephen Cathalan, Jr., 19 March 1803 (Abstract)
From: Cathalan, Stephen
To: Madison, James

19 March 1803, Marseilles. Last wrote on 10 Dec. 1802. Has since received JM’s circular relating to expenditures for the relief of seamen and will attend to it. Observes with pleasure from the president’s address to Congress that more effectual means will be provided for returning seamen to the U.S. Many are discharged in foreign ports by mutual consent or are called deserters in an attempt to evade the law, and consuls are not always able to prevent such abuse. Has not received the acts of Congress since the session ended 16 Apr. 1800. “At least a Collection of The laws respecting our rights & duties, towards The Masters, Seamen, & american Citizens would be very necessary in order The American Consuls or Agents might act in Conformity.” Has received JM’s 9 Dec. 1802 letter and encloses the required vouchers, except those for postage, which was paid in combination with his private postage. Notes that the 205 francs postage charged is for the period from February 1797 to 2 July 1802 and is not actually his “real disbursements during that long period.” Remits an account for postage paid from 2 July 1802 to the present. Correspondence among U.S. consuls in the Mediterranean is very active because of the Moroccan and Tripolitan wars; it is necessary to keep consuls and U.S. naval commanders advised “in order to prevent The American Masters of Merchant men to be taken, in this Sea.” Since consuls have no salary, suggests they be allowed a fixed sum to defray the cost of “Clarks, postages, Stationary &a. in Support of our offices.” Regarding his accounts, if he authorized his agent to receive payment in the U.S. as JM requests, he would be liable for a commission and for losses on the exchange. Suggests that the “Shortest Way” would be to send an order for him to be paid by Livingston at Paris, as the money is due him in France and not in the U.S. Has received “a very favourable letter” from Robert Smith appointing him naval agent at Marseilles and Toulon. Does not doubt he owes this honor to JM’s strong recommendation and probably to JM’s laying his claim before the president. Assures JM of his gratitude. Encloses a statement of U.S. vessels entered and cleared at Marseilles from 1 July to 31 Dec. 1802 [not found] and forwards dispatches from O’Brien and Eaton, whose letters to him seem to indicate apprehensions of a sudden rupture between the U.S. and the rulers of Algiers and Tunis. “Tho’ They are Endeavouring to maintain peace, I have already given notice of Those intelligencies to our Consuls in Spain and Italy, also to Commodore Morris Who by his Letter to me of The 18th: February last from Malta, mentions [to] me That his arrangements for The Frigates are Such as to prevent his affording Convoy but recommends the merchant Ships to go to their different destinations as soon as possible in order to pass The Streights before our Ennemies go to Sea.” Observes that light vessels of war will be needed in the Mediterranean soon to protect U.S. trade effectively. “A few days ago” the Swedish admiral Cederström sailed from Toulon with $175,000 and presents. This amount was specified by treaty between Sweden and Tripoli, where Cederström may have arrived by now. “The whole Supply has been made and purchased here, by The Sweedish Consul.” The consul was allowed a 2 percent commission on the dollars and 5 percent on presents, supplies, and repairs to the Swedish frigate at Toulon, from which he paid commissions to his underagents.

   RC (DNA: RG 59, CD, Marseilles, vol. 1). 3 pp. Docketed by Wagner as received 23 May. For surviving enclosures, see n. 3.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5.

   In his 15 Dec. 1802 message Jefferson brought the problem of abandoned U.S. seamen to the attention of Congress (Ford, Writings of JeffersonPaul Leicester Ford, ed., The Writings of Thomas Jefferson (10 vols.; New York, 1892–99)., 8:182–83).

   Cathalan sent a 19 Mar. 1803 list of postal charges incurred for dispatches received from JM and U.S. consuls around the Mediterranean, vouchers for publications on yellow fever sent to the State Department in 1799, and supporting documents for his expenditures for distressed seamen. The total amount due him was $194.30 (DNA: RG 217, First Auditor’s Accounts, no. 14,596). Wagner sent the papers to Richard Harrison on 2 June 1803 (ibid.).

   Robert Smith to Cathalan, 20 Nov. 1802 (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)., 2:318).

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


Title: To James Madison from George W. Erving, 19 March 1803 (Abstract)
From: Erving, George W.
To: Madison, James

19 March 1803, London. No. 16. “I have the honor to inclose Copy of a Letter which I yesterday received from our Consul at Lisbon.”

   RC and enclosure (DNA: RG 59, CD, London, vol. 8). RC 1 p. In a clerk’s hand, signed by Erving. Docketed by Wagner. For enclosure, see n. 1.

   The enclosure, Jarvis to Erving, 10 Feb. 1803 (1 p.; docketed by Wagner), reported that the prince regent had lifted both the ban on the importation of foreign flour and the quarantine on vessels carrying clean bills of health.

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


Title: From James Madison to Thomas Jefferson, 21 March 1803
From: Madison, James
To: Jefferson, Thomas

Dear SirWashington Mar. 21. 1803
A letter from Hulings of Feby. 15. says that at that date the Intendant had not revoked the interruption of the deposit; but had from regard to the wants of the Colony, opened the market to flour & other provisions brought down the Mississippi; the articles being subject to a duty of 6 perCt. if consumed there, and to the usual export duty, (I believe 12 perCt) if sent as an indulgence in Spanish bottoms to places within the lawful trade of the Colony. It is possible that this may be a retrograde step of the Intendant masked by his pride under the policy of a colonial regulation. It appears that the forbearance of that Officer to conform to the presumed object of Yrujo’s first letters, had produced a general belief at N. Orleans that orders from the Spanish Govt had led to the violation of our right.
Eaton writes from Tunis late in Decr. that the Bey had not only renewed his demand of the Frigate; but had raked together all his old claims of Oxen Cattle &c, and that his Minister insisted on the gold mounted fusil in addition to the silver one re[ceive]d. He complains of the vis inertia of our marine, anticipates evils, and decides on not passing another summer there. He signifies that he shall consult with Morris & Cathcart, in case of their appearing before Tunis, on the expediency of his giving the Bey the slip; apprehending that he may not be permitted by the Bey to leave that place. It will be necessary therefore to provide immediately a successor to him as well as to OBrien.
In consequence of my letter to Mr. Lear, he came over the day before yesterday. He is willing to take an appt. at Algiers, with a salary of $4000, but will require 6 weeks or two months, to prepare for embarkation. With respectful attachment always Yrs.
James Madison
Jarvis has pushed with great vigor & success the admission of our flour to the Portuguese Market, and the removal of the quarantine from our vessels. The result will be found in the Natl. intelligencer of this day, & his management will appear when you see his letter just recd. which is of Feby. 9.

   RC (DLC: Jefferson Papers). Docketed by Jefferson as received 28 Mar.

   Eaton to JM, 20 Dec. 1802.

   The 21 Mar. 1803 National Intelligencer printed Almeida’s 7 and 8 Feb. 1803 letters to Jarvis (see Jarvis to JM, 7 Feb. 1803, n. 1, and 9 Feb. 1803, n. 3).


Title: To James Madison from Thomas McKean Thompson, 21 March 1803
From: Thompson, Thomas McKean
To: Madison, James

Sir,Secys. Office, 21st. March 1803
Since the reciept of your favr. of the 18th. Ult. the Governor has caused the necessary enquiries to be made relative to the representation of the Minister of his Catholic Majesty “that from reports entitled to attention, there was reason to fear that certain persons in the western parts of Pennsylvania were employed in exciting the people to arm themselves, and to proceed with hostile intentions against the Province of Louisiana” the result of which assures him, that no combination, hostile to the interests of spain, exists in the western parts of Pennsylvania, or in any place on the banks of the western waters, and that no body of men have armed or are arming for the purpose of invading Louisiana. Altho the people of the western parts of the state are very sensibly & materially affected by the present obstruction to their trade down the Mississipi, yet having entire confidence in the administration of the United States, they will patiently & cheerfully wait the issue of the measures that have been adopted by the general Government on this interesting subject.
The Governor directs me to request that you will be pleased to make known to the President, the foregoing communication. I have the honor to be, with great respect your obedient Servant.
T. M. Thompson.

   FC (PHarH: Governor’s Papers); letterbook copy (PHarH: Secretary of Commonwealth Letterbooks, vol. 5).

   See JM to James Garrard, 18 Feb. 1803, and n. 1.


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

21 March 1803, London. No. 17. “Since the commencement of the present Misunderstanding between this Country & France, our Mariners have been pressed as formerly, and upon the usual application, such of them as have regular protections, and are not married, or settled in Great Britain, have been discharged. A considerable portion of those who have left the United States subsequent to the late Peace, are found without American Protections; to such of these as have been able to give satisfactory testimony of their being American Citizens, I have granted my Certificates, to which hitherto a proper respect has been shewn. I do not myself believe that the dispute between this Government, and Buonoparte will terminate in War,… but lest by any possibility War may take place, I beg leave to suggest … that the proper Documents or Certificates of their Citizenship, granted by the Collectors of the Customs, may be delivered into the possession of the Master of the Ships to which they belong. The Men frequently lose, wear out, or sell their Protections; sometimes they are stole from them; and sometimes taken by the Officer of the impress & destroyed.” The regulation he suggests will prevent such accidents and also deter seamen from leaving their ships without permission.
“The usual Bond which I executed some time since on entering into Office, has been returned from the Department of State, having been deficient in form; I … inclose a new Bond properly executed [not found].”

   RC (DNA: RG 59, CD, London, vol. 8). 2 pp. In a clerk’s hand, signed by Erving. Docketed by Wagner as received 30 May.

   On 24 Dec. 1802 Brent had returned the bond Erving had submitted on 21 July 1802 (DNA: RG 59, IC, vol. 1; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:412).

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


Title: To James Madison from Volney, 21 March 1803 (Abstract)
From: Volney, Constantin François Chasseboeuf, Comte de
To: Madison, James

21 March 1803, Paris. The sudden departure of Curwen of Philadelphia for Norfolk leaves him time only to recall the sentiments of gratitude and attachment he has for JM, which neither distance nor political events can change. Has the honor of sending under cover to Dr. Thornton a copy of the new English translation of his Ruins, which he asks JM to accept as a token of his feelings and as a means of often reminding JM of his devoted servant.

   RC (owned by Robert R. Crout, Charlottesville, Va., 1985). 1 p.; in French. Docketed by JM.

   An English edition of Volney’s The Ruins; or, A Survey of the Revolutions of Empires, translated by Jefferson and Joel Barlow, was published at Paris in 1802 (Sowerby, Catalogue of Jefferson’s Library, 2:20 n.).