Title: To James Madison from Christopher Gore and William Pinkney, 9 March 1802 (Abstract)
From: Gore, Christopher,Pinkney, William
To: Madison, James

9 March 1802, London. Informs JM that Rufus King “has addressed to the Board an official Notification” of the president’s appointment of George W. Erving to succeed Williams and Cabot. “The general Terms of this Notification … have been explained by an Extract of a Letter of the Secretary of State to Mr. Erving of the 27th. of July last.… Altho’ it will be manifest upon a bare perusal of our Letter of the 17th. ulto. that it was written under less precise notions of the actual views of the Government on this Subject than are furnished by this Extract, we think it proper expressly to state that we were at that Time ignorant of the Intentions of the President that Mr Erving should supersede Mr. Cabot in the Employment of assessor to our Board. The only knowledge we had then procured of Mr. Ervings appointments … did not lead us to suppose that any other Character was meant than such as Mr. Cabot had filled under the appointment of the Government of the United States. As Mr. Erving has never made any Communication whatsoever to the American Commissioners on the subject of his appointments … we were consequently more exposed to a misconception of the true extent of the wishes of the President in his favor.” Explains that Cabot was sent to London by President Washington in 1796 “to assist the Sufferers by Spoliation in making out their Statements of Loss and Damage, in Collecting and arranging their Proof, and in obviating its defects; for which services he was to receive a fixed Salary payable by the United States.” Shortly after his arrival the board recognized the need for two experienced merchants to assess damages in the cases referred to them; on 1 Feb. 1797 they passed an order to that effect, and Glennie and Cabot were formally appointed. The board stipulated their duties and paid them out of the common fund established for the board’s expenses. “It was in form and substance the act of the Board in all its Stages.… It is with our Duties that they are charged.” States that to entrust this work “to any but Persons approved by ourselves would be to trifle with our Oaths and to equivocate with our Duty.” The enclosed copy of the proceedings of the board on 2 Mar. shows that upon formal objections by one of the British commissioners, the board was compelled, though with great reluctance, “to decline Mr. Ervings assistance as one of their Assessors.” They are persuaded that Erving’s nomination “has arisen entirely from some accidental misapprehension in the United States, as to the origin, nature, and Duties of this employment.” Even so, “it is our Duty to say that our own opinions have not been declared to be in favor of Mr. Erving.” The objection to the employment of the advocate for claimants as assessor of damages to be awarded to those claimants is “too strong to be resisted.” Encloses Erving’s letter of 4 Mar. showing “the Result of his Reflections” on the subject. Points out that “it does not seem to be probable that his opportunities of mercantile Experience have been equal to the diversified and complicated Purposes of our Assessorship—or that his Leisure is likely to be such as to put it in his power to discharge its Duties.” Cabot by contrast has given his “diligent and undivided attention to the Business.” Expresses the hope that the president will “see fit to grant to the original choice of the Board (still approved by every member of it) the aid we have already had the Honor to ask for it.”

   RC and enclosures (DNA: RG 76, Great Britain, Treaty of 1794 [Art. 7], Papers Relative to the Commissioners, vol. 4); draft (owned by William Reese Company, New Haven, 1988). RC 10 pp.; in a clerk’s hand, signed by Gore and Pinkney; docketed by Brent as received 26 May. Draft in Pinkney’s hand. Enclosures (9 pp.) are a copy of the Board of Commissioners’ 8 Mar. 1802 letter to Rufus King and its enclosures (for another copy, see King to JM, 9 Mar. 1802, n. 2).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:473–74.


Title: From James Madison to Edward Jones, 10 March 1802 (Abstract)
From: Madison, James
To: Jones, Edward

10 March 1802, Department of State, Washington. “Your Letters of the 13th. January and 8th. february have been received. Tho’ the Consular Act allows but 12 Cents a day to shipwrecked, sick, or captive seamen, other Laws have been since passed from year to year allowing a reimbursement to the Consuls who may necessarily exceed that sum. No appropriation for the purpose has been passed this year, but it is hardly to be doubted that it will be done before the session closes.”

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:393, 450.


Title: To James Madison from Stephen Sayre, 10 March 1802 (Abstract)
From: Sayre, Stephen
To: Madison, James

10 March 1802, Philadelphia. “Knowing, that I have not only deserved well of my country, but that my sufferings intitle me to high expectations, I cannot yet persuade myself to believe, that you will much longer leave me to lament the sacrifises I have made. … I ask to be replaced, in some degree, to that independence, which has been taken away, by the enemies of my country.… There are some situations which, I am confident, I can fill with honor to your choise—you must forgive me therefore, if I see others, who have less experience, & slender pretensions, when compared to mine, repeatedly prefer’d, in filling the list of preferment, & patronage.… Be pleased to look back … & conscientiously say, that all the appointments, even in your own department, have been decided, by the weight of superior talents, & fitness for office?—in other departments, the world knows they were not. Are you resolved, seriously, & rigidly, to pursue your maxim, well express’d in your letter, you did me the honor to write, on my return from Washington—if you are, I am more than confident, that I cannot be long neglected.… I beseech you to believe, that your best friends, who know me, in this city, are astonish’d, & deeply lament, the apathy of an administration, who may be said, to be of their own election, in the long neglect of men, who ought to be remember’d, & that those who deserve execration are still continued in the most honorable, & profitable employments—the friends of the President excuse him by presuming he is govern’d by the disposition of his Ministers.… I do not pretend to know, how far, or in what cases Mr Jefferson leaves the choise of public servants to the heads of departments—I recollect however, that he refer’d me to yourself, when I had the favor of a conversation in your office. No arrangements having then been made—I return’d without complaining; resolved to wait, till you had fair opportunity of gratifying my hopes. … As to any immoral action, tending to dishonor—I never have committed one.… Must I then suppose myself wanting in talents? I had not this character in England—men of the first capacity, & highest reputation did not think it degrading to call me their friend—most men there, thought it an honor.… I cannot conclude this letter without saying, I think it hard, indeed, that you will not inform me, whether I may, or may not expect, some employment. Presuming you must, ’er this know your own intention, as well as that of the President—there can be no state of the mind so unpleasant as that of uncertainty & suspence. You will therefore do me a favor, to inform me what I ought to expect.”

   RC (DLC). 4 pp.

   For Sayre’s claims for compensation and patronage from the government for his Revolutionary War services, see his letters to JM of 16 May, 9 June, and 21 and 30 Oct. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:186–87 and n. 1, 284–87, 2:190–91, 213).

   JM to Sayre, 23 May 1801 (not found, but calendared in PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:226).


Title: To James Madison from Stephen Girard, 11 March 1802
From: Girard, Stephen
To: Madison, James

Sir
Philadelphia 11 March 1802
The Inclosed is copy of a Memorial which I have delivred to the Secretary of State in the year 1795 although I have ever Since that period been very industrious in requesting my friends in Europe to take every Steps to recover my just claim against the french Republic I am Still unpaid being desirous to Settle that business I am induced to Send to Paris the bearer of this letter Mr Jos: Curwen for the purpose of Soliciting payment.
Persuaded of your good disposition towards rendring justice to the Citizens of the U States I take the liberty to beg as a particular favour that you will give Mr Joseph Curwen a letter for the Minister Plenipotentiary of the U States at Paris requesting that Gentleman to make Such application to the french Government as you will judge proper. I am with Respect Sir your mo: obt Servt
Stephn. Girard

   RC (DLC); letterbook copy (PPGi: Girard Papers). Enclosure not found.

   Girard’s claims included reimbursement for supplies provided to the French government at Saint-Domingue in 1792 and 1793 as well as indemnification for the capture and condemnation of his vessels Kitty in 1794 and Nancy in 1795 (Albert J. Gares, “Stephen Girard’s West Indian Trade,” Pa. Magazine of History and Biography, 72 [1948]: 333–34).

   Joseph Curwen was a Philadelphia merchant and Girard’s business associate. Despite nearly a year in France, he failed to settle the claims (L. H. Butterfield, ed., Letters of Benjamin Rush [2 vols.; Princeton, N.J., 1951], 2:1082 n. 3; John Bach McMaster, The Life and Times of Stephen Girard: Mariner and Merchant [Philadelphia, 1918], p. 439).


Title: To James Madison from Levi Lincoln, 11 March 1802 (Abstract)
From: Lincoln, Levi
To: Madison, James

11 March 1802, Washington. Relates circumstances of the case of the vessel Mercator, “alledged to be Danish property, and for the capture of which a claim is now made on the United States.” The Mercator was seized off Saint-Domingue by the American schooner Experiment on 14 May 1800; six hours later, while sailing under the American flag, it was seized by the British armed ship General Simcoe and taken into Jamaica, where the vessel and cargo were condemned in vice-admiralty court as lawful prize of the British captors. “There is no circumstance seperate from the decision of the admiralty court, by which it can be determined, that either of the seizures were justifiable. The legal presumptions are, however, in favor of them.” States his opinion that “if the Danish subject has sustained an injury, or has cause of complaint it is against the british. The first captors are not liable for the conduct of the second.… On general principles, the Danish subject ought to resort to the british captors for his compensation.… But admitting the American Captor liable, on a lengthy and critical research, I can find no principle of the law of nations, or adjudication, by which the Government is bound to answer in the first instance, for the unlawfull captures of its subjects, or become so, from their insolvency, or avoidance.” Concludes that the U.S. ought not to interfere in the case “unless it be to aid the sufferer by their weight, in his application to the british Government.”

   RC (DNA: RG 59, LOAG). 3 pp.; docketed by Brent. Printed in Hall, Official Opinions of the Attorneys General, 1:106–8.

   For Jared Shattuck’s Mercator claim, see Richard Söderström to JM, 10 June 1801, and Peder Blicherolsen to JM, 16 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:290–92, 295 n. 1, 2:401).


Title: To James Madison from the American Whig Society, 12 March 1802
From: American Whig Society
To: Madison, James

(Circular)
Dr Sir.
Princeton March 12th. 1802.
The American Whig Society, in the college of N. Jersey, having, by the late unfortunate conflagration which consumed the College edifice, lost almost the whole of their valuable library, together with all their furniture, have resolved to apply to their ancient members who are now established in different quarters of the United States, to solicit their generous, and brotherly aid in repa[i]ring their important losses. The library at the time it was consumed, consisted of about 800 volumes, estimated at the value of 3,000 Dolls. The other effects amounted to about 800 Dollars.
As the College is likely to be replaced in its former state, or even in better condition than it was, we are ambitious to restore our institution to its former respectability. Animated with this desire, we take the liberty, which we hope will be approved, of addressing individually all our absent members who still feel for the honour, and utility of a Society in which they have formerly reaped so much pleasure, and improvement. A small aid from each in books, or in money addressed to John Middleton Clk of the Committee, to the care of the Revd. Saml. Stanhope Smith, will be received as the gift of a brother.

J. Middleton Clk. of the Committee
Wm. A. Neill, Jno. Boggs, A. Johnston &
Thos. H Ellis committee in behalf of
the American Whig Society.

   RC (NjP).

   The Nassau Hall fire of 6 Mar. 1802 destroyed nearly the entire libraries of the two literary societies and all except one hundred of the college library’s three thousand books. The college president, Samuel Stanhope Smith, blamed the fire on a group of Jacobin-inspired students (Mark A. Noll, Princeton and the Republic, 1768–1822: The Search for a Christian Enlightenment in the Era of Samuel Stanhope Smith [Princeton, N.J., 1989], pp. 157–59). Smith indicated in a letter to Aaron Burr that he had written to JM asking him to cooperate with Burr in fund-raising efforts, but that letter has not been found (Smith to Burr, 12 Mar. 1802, Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:690).


Title: To James Madison from Richard Cooper, 13 March 1802 (Abstract)
From: Cooper, Richard
To: Madison, James

13 March 1802, Cooperstown. “I have to inform you that I have sold the greatest part of the articles in my possession belonging to the United States, and I hope to be able in a few weeks to make a final settlement with Government.”

   Tr (DNA: RG 233, President’s Messages, 7A-D1). 1 p. Marked “Copy.” Enclosed in JM to Jefferson, 29 Mar. 1802, and transmitted to the House of Representatives, 31 Mar. 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 1119).

   For Cooper’s aborted expedition to Lake Superior and JM’s demand that he sell the property purchased for the trip, see JM to Cooper, 13 May and 6 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:170, 171 nn., 2:226).


Title: To James Madison from Rufus King, 13 March 1802 (Abstract)
From: King, Rufus
To: Madison, James

13 March 1802, London. No. 58. Reports there is no further information on the negotiations at Amiens since his last letter. In a “free conversation,” Addington “yesterday told me that during the last Fortnight his mind had balanced whether to wish the conclusion or rupture of the negotiation” but that the British were ready to sign a definitive treaty “provided it be done without any farther Delay.” Fleets are preparing for sea; if negotiations fail, war will resume “with en-creased activity and zeal.” Suggests Napoleon may believe that war would promote his own views and authority more than peace. Great Britain may also see war as preferable to “the only peace now to be obtained.” Apprehends a “most serious interruption” of U.S. trade in the West Indies if war is renewed. Will attempt to secure just treatment from Great Britain for American navigation should negotiations fail.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp.; in a clerk’s hand, signed by King; docketed by Brent as received 10 June. Italicized words were written in code; key not found. RC decoded interlinearly by Wagner. Printed in King, Life and Correspondence of Rufus King, 4:81.


Title: From James Madison to Robert R. Livingston, 14 March 1802
From: Madison, James
To: Livingston, Robert R.

Dear Sir
Department of State March 14. 1802
This will be handed to you by Mr. Curwan who is charged with sundry claims by Mr. Stephan Gerard of Philada. against the French Republic. Mr. Gerard is a very respectable Merchant & Citizen of the U. States, and feels so strongly both the justice & importance of his claims, as to depute Mr. Curwan to Paris for the purpose of supporting them. He has expressed an anxiety also that they should be particularly recommended to your patronage, which you will permit me to do in consideration both of his personal character, and of the extensive wrongs he has suffered. The same anxiety has been expressed by Capt Jones the representative of the City of Philada. in Congress who takes a warm interest in behalf of his friend Mr. Gerard. Mr. Curwan will give you all the explanations due to the case, and will I am persuaded, experience from you all the aid in it, which it is proper for you to bestow. With the sincerest esteem & regard I remain Dear Sir Your Obedt. hbl sert.
James Madison

   RC (NHi: Livingston Papers). Cover marked by JM, “Mr. Curwan.” Docketed by Livingston.

   See Stephen Girard to JM, 11 Mar. 1802, and nn.


Title: To James Madison from Robert R. Livingston, [14] March 1802
From: Livingston, Robert R.
To: Madison, James

(No. 7 Copy)
Dear Sir,
Paris 24th. [14] March 1802
I yesterday recieved the duplicate and triplicate of your letter of the 19th. december last the original not having come to hand. This is the first and only letter I have been honored with from you since my arrival. I immediately sent one of the copies of the Presidents proclamation to the Minister of Foreign Relations with the enclosed note no. 1.
I had before anticipated the inconveniences that peace might occasion to our commerce and as I found that the subject was but little understood here and that it was the favorite idea that France had nothing to do to make herself a great naval power but to imitate the British restrictions upon the commerce of other nations—I threw together some hasty thoughts upon the subject which I put into the hands of Marbois, Consul le Brun (who reads english) Mr. Volney &c. and at the same time prepared a translation that I got other members of the court to read. I enclose a copy of it. Most of the persons to whom I gave a perusal of it were struck with many circumstances in it which they had not adverted to—but it is a rule here that no person intrudes an idea on the first Consul unless he asks their opinion or the conversation naturally leads to it.
The favorite idea at present is a navigation law and restrictive duties to confine the carrying trade to themselves. In conversation with Taleyrand I proposed to him some such commercial arrangements as present circumstances appeared to exact and hinted at the disadvantage that might result from a number of our seamen going into the British service. But he declined doing any thing in the business and defered it till Mr. Otto should go to America. The fact is that Taleyrand is decidedly unfriendly to the United States.
On recieving your letter I yesterday sent him the Note No. 2. I had before mentioned to you the duty on tobacco and what I thought the best means of counteracting it. I shall send you a tariff of the duties as soon as I can get it made out, which is a matter of much more difficulty here than in other countries. On the business of Louisiana they have as yet not thought it proper to give me any explanations tho I have omitted no opportunity to press the subject in conversation and ultimately by the note sent you on the 25th. February (a duplicate of which was forwarded on the 28) with the copy of another note enforcing the above, to which I have as yet recieved no answer.
The fact is they believe us to be certainly hostile to this measure and they mean to take possession of it as early as possible and with as little notice to us as they can.
They are made to believe this is one of the most fertile and important countries in the World, that they have a much greater interest with the indians than any other people, that New Orleans must command the trade of our whole Western country And of course that they will have a leading interest in its politics. It is a darling object with the First Consul who sees in it a mean to gratify his friends and to dispose of his Armies. There is a man here who calls himself a frenchman by the name of Francis Tatergeny and pretends to have great interest with the Creek Nations. He has been advanced to the rank of a General of division. He persuades them that the indians are extremely attached to France and hate the Americans, that they can raise 20,000 warriors, that the country is a Paradise &c. &c. I believe him to be a mere adventurer but he is listened to & was first taken up by the old Directors.
I cannot help thinking that it would be adviseable for the present Congress to take Measures for establishing the Natchez or some other port and giving it such advantages as would bring our vessels to it without touching at Orleans—on this subject however you will form a better judgement than I can. I have but one hope left as to defeating this cession it consists in alarming Spain and England. The Spanish minister is now absent but I have not failed to shew in the strongest light to the minister of Britain the dangers that will result to them from the extension of the French possessions into Mexico and the probable loss of Canada if they are suffered to possess it.
I have requested Mr. King to press this subject also as opportunity offers. I enclose a copy of my last letter to him. If the treaty does not close soon I think it would be adviseable for us to meet at Amiens & have accordingly proposed it to him.
I believe that such is the state of things here and such the desire for peace that Britain may force them to relinquish Louisiana particularly as the people here are far from desiring the establishment of any foreign colonies which they consider as weak points & drains for the population & wealth. Prussia and the Emperor have acquiesed in the business of the Italian Republic. Britain still keeps possession of Alexandria.
On the business of payments I can add nothing new. My notes are still unanswered, tho I am promised that they shall be within a few days as well as those that relate to the conduct of the council of Prizes of which we have some cause of complaint tho in fact much less than the clamors of some ship owners would make us believe. My notes enumerate all the cases I have been able to collect—and upon two the Ann and the commerce it is very problematical whether the decisions are not conformable to the treaty. The discharge however in the state they now are and the enormous bills of charges in many cases render the acquittal illusory. I have remonstrated on the subject—as have the Ministers of Denmark and Sweden but no answer has been recieved by either of us.
I have also ventured to make the enclosed proposition on the subject of the debt prompted by the desire of satisfying the numerous American creditors and believing that the guarantee of a loan would not be very dangerous on our part as the amount would not be considerable & I mean If the thing should be acceeded to to take such Measures of security as I think will render us safe. At all events the whole amount will remain among us—and perhaps it would be better to facilitate a credit in this way than to suffer them to go on ruining individuals from whom they will obtain them. My last note suggests what I think the duty of our government relative to this object. I very much fear that the necessities of the Armament will induce them to embroil us anew by seizing our property in the islands & even at sea.
I only hint at this that measures of precaution may be taken. I should however mention that nothing I believe will be done on the subject of the note as I fear they have already sold the greater part of the dutch debt. For the fact is that nothing which could be converted into money has escaped the rapacity of Government or individuals.

I have with great difficulty procured an order for the payment of Archambals bills for the Trumbul and Olive after the owners had waited here 6 months and then without interest or damages. The demand of the Pegou is I hope also in the way of payment.
As to the Contract demands the Minister of Marine told me I might as well ask him to cut off his fathers head as to ask payment.
However on this subject I shall be better informed when they reply to my note. I believe that they may possibly put the debt upon their 5 pr Ct. loan which is now at 57. but will in that case fall considerably—so that at most the creditor after waiting many years will sink half his debt—but as they hint necessity has no Law. Their expenses exceed their income and the government is at this moment maintained by anticipations at an interest of from 12 to 18 pr Ct. Notwithstanding this apparent scarcity of money extravagance of every kind is at the highest pitch and every article of life double its former price. I must again mention that I recieve no Newspapers from America till after they are too old to be interesting except what I get from my private friends. The œconomy that forbids them to come from the seaports by post has rendered the sending them at all useless and they may as well remain in the Printers shops as at Bourdeaux or Nantes. The postage of news papers is very trifling if only put in wrappers. 7 papers will cost less than 6d. I have had one letter from Mr. Pinckney but it contains no information on the subject of Louisiana. The enclosed letter from Mr. Obrien having been sent open to me I availed myself of the information it contained by a communication of it to the Neapolitan Embassador who stands very well here urging the policy of availing himself of this moment of discontent with France England & Algiers to get the subject taken up at Amiens—where nothing has yet been concluded. You will remark a passage in General LeClercs communication to this government of which I am afraid I shall hear more. I am Dear Sir, with much consideration & respect your Mt. Obt. Hle. St
Robt R Livingston

   RC and enclosures (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy and copies of enclosures (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston. RC misdated; correct date supplied from letterbook copy (see also n. 1). Unless otherwise noted, italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:304–5 n.). RC decoded interlinearly by JM. For surviving enclosures, see nn. 2, 5, and 8.

   The duplicate of JM’s letter to Livingston, 19 Dec. 1801, is docketed as received 13 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:322–24 and n.).

   Livingston’s enclosure no. 1 is a copy of his letter to Talleyrand, 13 Mar. 1802 (2 pp.), which covered a copy of Jefferson’s proclamation promulgating the Convention of 1800 and noted, “By this it will appear that the government of the United States did not consider the explanation annexed by that of the French Republic as occasioning any change in the treaty or requiring a new ratification.” Livingston added that a law making appropriations for executing the American obligations had been under consideration by Congress and “has undoubtedly passed before this.”

   According to Livingston’s “Journal of correspondence with the Secretary of State” (NHi: Livingston Papers, vol. 7) this enclosure was a copy of an essay by Livingston “on the relative situation of France B[ritai]n & Amer[i]ca as commercial & Maritime nations.” Its receipt was acknowledged by François Barbé-Marbois, 20 Pluviôse an X (9 Feb. 1802), and by Charles-François Lebrun, 21 Pluviôse an X (10 Feb. 1802) (NHi: Livingston Papers). The essay is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:578–81.

   Louis-Guillaume Otto, the French minister to Great Britain, refused the appointment as minister to the U.S. and in 1803 was sent as minister to Bavaria (Jean Tulard et al., Dictionnaire Napoléon [Paris, 1987], p. 1276).

   Enclosure no. 2 is a copy of another letter to Talleyrand dated 13 Mar. (3 pp.), in which Livingston announced that Congress was considering a law repealing duties which discriminated between imports in foreign vessels and those in U.S. vessels and that the British legislature was considering a similar law. He urged Talleyrand to examine “the alterations that will be made between the relative situation of Great Britain, the United States and France by the reciprocal repeal of discriminating duties by the two former, while they continue to burthen and impede the activity of commerce between the two latter.”

   Livingston referred to the notes enclosed in his letter to JM of 26 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:493, 494 nn. 1 and 2).

   Louis Le Clerc Milfort (Milford) (ca. 1750–1817), also known as François Tastenegy, was a French adventurer who, by his own account, arrived in North America in 1775, traveled throughout the continent, and settled among the Creek Indians. He became friendly with Alexander McGillivray, whose sister he married, and fought alongside the Creek in various campaigns, gaining the title tastanégy, or warrior. Upon McGillivray’s death in 1793, Milfort made a strong bid to replace him as head chief of the Creek but was disappointed and returned to France in 1795. There he mounted a campaign to have himself appointed ambassador to the Creek nation. His repeated attempts were unsuccessful. News of the retrocession revived his project, and believing the sale of Louisiana would be a dreadful mistake for France, he published his memoirs in 1802 under the title Mémoire ou Coup-d’œil rapide sur mes différens voyages et mon séjour dans la nation Crëck (Paris, 1802) (Milfort, Memoirs; or, A Quick Glance at My Various Travels and My Sojourn in the Creek Nation, trans. Ben C. McCary [1959; Savannah, 1972 reprint], pp. 7–12).

   Livingston enclosed a copy of his letter to Rufus King, 10 Mar. 1802 (4 pp.; extract printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:515), declaring that France had been placed at the mercy of Great Britain “by stripping herself of her fleet and a large army.” On the other hand, he warned, should France take over Louisiana, “it is impossible to see the extent of the power she will have in and over America.” He observed that since Louisiana had no precise boundary, the fate of Mexico was easy to predict. The boundary between Canada and Louisiana was also unsettled, and the native Canadians and the Indian tribes had always been friendly to France, so that “it is impossible to say what [the French] influence may be upon our western country in case of a controversy with Great Britain.” Livingston concluded by offering to meet King at Amiens “if any opening is given for pressing the business of Louisiana.”

   Underlined in RC.

   The document sent to JM has not been found, but it was probably a copy of Livingston’s three-page memorandum, “American debt the means and Manner of discharging it with the smallest inconvenience to France” (AAE: Political Correspondence, U.S., 54:206–7, filed after Livingston to Talleyrand, 13 Mar. 1802). In it, Livingston proposed that the Batavian Republic, which was indebted to France for over 20 million florins, open a loan in Paris to which the American debt, once liquidated, would be subscribed. The loan would be guaranteed by France and repaid in installments, with interest of 6 percent per year payable quarterly. The U.S. government would at the same time allow France to open a loan for 5 million livres in the U.S. on much the same terms. The plan, according to Livingston, would give France immediate access to the Dutch debt and—from the U.S. loan—more than enough cash to cover purchases in the U.S.; the Dutch would be allowed to repay their debt in an orderly fashion; and the U.S. would gain “the reimbursement of an active Capital to her Citizens.”

   For the Pégou, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:359, 360 n. 4, 467.

   In response to complaints like this from Livingston and Charles Pinckney, JM directed Daniel Brent to write David Gelston in New York and George Latimer in Philadelphia on the subject. Brent relayed JM’s instructions “that you avail yourself of all opportunities to forward to the Ministers entitled to them the papers in your Hands—and that you hereafter cause to be endorsed on the packages they form ‘Newspapers, to be put in the Post Office’” (Brent to Gelston, 9 June 1802 [DNA: RG 59, DL, vol. 14]).

   Livingston probably enclosed O’Brien’s 1 Feb. 1802 dispatch to JM, in which the consul reported the British reaction to claims made by Algiers on property condemned by the British during the war. The dey insisted that no settlement would be made on thirty-five Neapolitan and Maltese ships Algiers had seized until the British made good on the Algerine claims (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:432–33).

   For the passage referred to by Livingston, see his letter to JM of 15 Mar. 1802.


Title: To James Madison from Charles Pinckney, 14 March 1802
From: Pinckney, Charles
To: Madison, James

(Private)
Dear Sir
March 14: 1802 In Madrid
My last Dispatch will have fully informed you of the state of things here my removal from the Escurial to Madrid & that Mr: Graham arrived here about the 20th: January. By him I recieved for the first time the Wish of our Government to endeavour to obtain the cession by sale from this Court of the Floridas & as I know it would be difficult if not impossible to do so without the concurrence & perhaps aid of the influence of France I immediately wrote to Mr Livingston in cypher on the subject & am now waiting his answer to commence the negotiation. I am hopeful it will arrive in time for this opportunity. If it does I shall without delay transmit the letter I have prepared to the secretary of state & will send you a copy of it. As the influence of the Prince of Peace at this court is all powerful & nothing of importance can be effected without his consent & indeed patronage I have prepared a copy of this application for his Use & am to be favoured with an interview in a particular & private manner with him on the subject & if any thing can be done, it is alone in this Way. My last letters will have informed you of the politeness & attention of the Ministers to Me since my arrival & of their apparent Wish to attend to my numerous applications for the release of Ships & cargoes & of their having directed the Quarantine to be discontinued in all cases of Vessels coming from Ports in which their Consuls certify there is no contagious Disorder. I have as yet expended no Money, or paid any for contingencies that come properly within the last Quarter, I shall close my accounts up to the last of this month & transmit them. I wrote to you that as it would be uncertain whether there would be Strength enough in the Senate to carry my confirmation that I would be obliged to you to give me the earliest information But that should it be otherwise & the confirmation carried that I wish the Presidents permission in the summer to visit Rome which can be accomplished in a few Weeks during the time the Court is absent on its Excursion to visit the Mediterranean Parts of Spain & meet the Naples Family on the occasion of the double marriage. During this time nothing can be done & Before this the Florida Question will be decided to which I will pay unremitted attention. I wish much to go to Rome for a few Weeks & to walk on the same ground where Brutus & Cato once walked & I trust the President will have no objection. I have instructed all the Consuls as you directed respecting the Expenditure of monies & am incessantly engaged in endeavouring to obtain Releases of our Vessels & confirmation of some of the favourable decisions which have been given in their inferior tribunals. But the number of cases which are now before the Counsel of War is so great & some of them so intricate, & as their modes of proceeding are so extremely tedious, I have proposed to the Secretary To agree to the proposition sometime ago made by Colonel Humphreys for the appointment of Commissioners to decide the questions of Capture & Compensation by arbitration in the former mode of one being appointed by each & those two to draw for the third—to be appointed of men highly distinguished for their knowledge & integrity & in situations of life to place them beyond the reach of an improper influence. My next to you will contain the whole of this & the Florida application—but as to the result it is impossible to say. You were right to conjecture in your private letter to me by Mr: Graham that you did not hope much. More depends upon France in the Business a great deal than Spain. The Treaty which you have recieved between Lucien Bounaparte & the Prince of Peace expressly recognizes the Cession of Louisiana & leaves no doubt on the subject. It is necessary for me to say here that not having recieved your Letters or any Direction respecting the attempt to obtain the two Floridas before 20 January it was impossible for me to move earlier in the Business than I have done. I have seen the Prince of Peace & am all ready & have been so for sometime waiting to hear from Mr Livingston respecting what he concieves to be the Wish or View of France in the Business. I have Written to him twice in Cypher & I mention these things to you to shew that I shall always endeavour to manifest the same zeal & activity in Business here that I trust I have invariably & in every instance done at home.

I had much doubt what I ought to do as to fixing myself with a house in Madrid. Because I feared our strength, until the Vermont & Mary Land Elections. When I heard of them I immediately took Colonel Humphreys[’]s house & purchased all his furniture little doubting that from these recent Elections, if the republican interest is as true & honest as I believe it is & as I know they ought to be to one another that the nomination will be ultimately confirmed. If it is not, this purchase of furniture & my coming here will be a considerable inconvenience, But I will endeavour to make the best of it & will then on my own account but for the Benefit of my countrymen, set out to View the remainder of the most important parts of Europe which I have not yet seen & if nothing prevents, I am hopeful to return with the Languages & as intimate a knowledge of Europe, as any of our countrymen have done who have not staid longer than myself, & this additional knowledge which could only be acquired by a personal examination & attentive View of things at this very important period of the Peace, will enable me I trust when I return, to take my stand again in the field of politics with increased Weight. I confess as I mentioned to the President in one of my Letters, I should like much to remain two years more in a public character in Europe to compleat my Examinations & if this can be done, if not in Spain, in any proper situation elsewhere I hope he will do it & I will thank you to consider it. My Commission expires at the End of the Session of the Present Senate, & as this is the long Session & much to do I shall consider that the last of April or the Beginning of May if I do not hear Before. Please direct to me to the care of Patrick Joyes & Hijos & present me in the most affectionate & respectful terms to the President & Believe me my dear Sir with great regard & affectionate respect & attachment Yours Truly
Charles Pinckney

   RC (DLC).

   Letter not found.

   For JM’s instructions for obtaining the cession of the Floridas, see his letter to Pinckney, 25 Sept. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:131–32).

   See Pinckney to Livingston, 4 Feb. 1802 (NHi: Livingston Papers).

   Pinckney referred to the marriages of Francisco Gennaro, prince of Naples, to the infanta María Isabel of Spain and Fernando, prince of Asturias, to Princess María Antonia of Naples. The double marriage between first cousins took place on 4 Oct. 1802 (Douglas Hilt, The Troubled Trinity: Godoy and the Spanish Monarchs [Tuscaloosa, Ala., 1987], pp. 134–36).

   David Humphreys’s proposal for a bilateral claims commission was renewed as late as June 1801 (see Humphreys to JM, 29 June 1801, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:361).

   Letter not found.

   For the Treaty of Aranjuez, see Rufus King to JM, 20 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:254, 255 n. 1).

   Pinckney’s new commission as minister to Spain was enclosed in JM’s letter of 5 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:442 and n. 4).


Title: To James Madison from Fulwar Skipwith, 14 March 1802 (Abstract)
From: Skipwith, Fulwar
To: Madison, James

14 March 1802, Paris. Has not written to JM since Livingston’s arrival, having had nothing to report on American claims. “Respecting those Claims, I here submit two separate Statements, the first comprehending, under different heads, such as were committed to my charge, whilst in the Office of Consul General, and those … that have been intrusted to me, since my coming to the place of Commercial Agent. The second Statement exhibits, with remarks on the Papers wanting those that cannot be prosecuted untill the necessary Documents shall be sent forward. All of the first Class are now before the Commission of Comptabilité, for the Purpose of being revised and liquidated,… but [the commission’s] powers only extend to giving Certificates of liquidation, which are afterwards subject to the Inspection and Controul of the Government.” Doubts that Livingston’s efforts to obtain relief for claimants will be successful; “I am but too well satisfied that he will not find in the Governt. either the intention or disposition of rendering Justice on the score of my Countrymen’s Claims.” Under this impression and having little else to do, plans to embark in early summer on a visit to Virginia, leaving Thomas Melville, Jr., in charge of agency business. Seeks president’s approval.

   RC (DNA: RG 59, CD, Paris, vol. 1); enclosures (DLC: Causten-Pickett Papers, French Spoliation Claims, A-C, box 9). RC 3 pp.; in a clerk’s hand, signed by Skipwith; docketed by Brent as received 6 Sept., but a copy reached the State Department by 20 May 1802 (see n. 2). For enclosures, see n. 1.

   Skipwith enclosed “A Statement of American Claims lately re-submitted to the Commission of Comptabilité” (8 pp.), which was comprised of a chart that included the claim, its origin, items of the accounts presented, and the sum claimed; and “American Claims not submitted to the Comptabilité for want of sufficient Vouchers” (5 pp.), which included the name of the claimant, nature of the claim, and observations. Both documents were docketed by Brent as enclosed in Skipwith to JM, 14 Mar. 1802; the second bears Brent’s penciled note, “May 20th, Extracts went to the Parties concerned, except to Mr Minor, whose residence is not known” (see n. 2).

   On 20 May 1802 Daniel Brent sent a circular letter to those identified in Skipwith’s second statement, stating that “a letter has just been received at this office from Fulwar Skipwith … of the 14th March last, enclosing a list of American claims which had not been submitted by him to the Commission of ‘Comptabilite’ … for the want of sufficient vouchers” and annexing extracts from the list (DNA: RG 59, DL, vol. 14).

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


Title: To James Madison from Andrew Ellicott, 15 March 1802
From: Ellicott, Andrew
To: Madison, James

Dear Sir
Lancaster March 15th. 1802
Your favour of the 8th. came to hand yesterday, and I have taken the earliest opportunity of forwarding the packet for Mr. de Lambre, and thanking you for your willingness to take charg⟨e⟩ of it.
Your health is a matter of great importance to your Country at this time, and I fear that too close an attention to the duties of your office has occasioned your present indisposition: If my suspicions are well founded, I am convinced that we shall lose more by your bad state of health, than we shall gain by your extreme attention to business.
With sincere wishes for your speedy, and perfect recovery I am with great esteem your friend and Hbe. Servt.
Andw; Ellicott.

   FC (DLC: Ellicott Papers).


Title: To James Madison from Robert R. Livingston, 15 March 1802
From: Livingston, Robert R.
To: Madison, James

Dear Sir
Paris 15th. March 1802
After closing my packet I recd the note of which the within is a copy. It amounts to nothing, but it must serve to keep me quiet a few days longer—till they see what turn the business takes at Amiens which becomes more & more doubtful. The bad news from St Domingo also renders it necessary to keep us in suspence. I have already expressed my fear that American property in the Islands will not be very safe & the passage in le Clerks Letter relative to the powder & Arms may serve as an apology. I am dear Sir with the most respectful consideration Your Most Obt hum: Servt
Robt. R Livingston

   RC and enclosure (DNA: RG 59, DD, France, vol. 8). For enclosure, see n. 1.

   The enclosed copy of a letter from Talleyrand to Livingston, 23 Ventôse an X (14 Mar. 1802) (1 p.; in French; docketed by Brent), acknowledged receipt of various notes from the American minister about debts and American prize cases, which had made the basis of a report to Napoleon. All such questions, the foreign minister assured Livingston, would be studied with interest and attention (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:514).

   Leclerc’s letter of 20 Pluviôse an X (9 Feb. 1802) to the minister of marine, Denis Decrès, was published in the Paris Moniteur universel, 24 Ventôse an X (15 Mar. 1802). The general reported that he had “found at the cape a certain quantity of supplies, a great quantity of cannon, and munitions of war of every kind. The guns, cannon, and powder had been furnished by the United States” (editors’ translation).


Title: To James Madison from Joseph H. Nicholson, 15 March 1802
From: Nicholson, Joseph H.
To: Madison, James

Sir
March 15. 1802
It appears from a Letter which I have just received from the Secretary of the Treasury, that the sum of $35,319 8/100 has been advanced by the Government of the United States to the Marquis La Fayette, by several of our Foreign Ministers, then residing at the respective Courts of London, Paris and the Hague

By Mr. Thos. Pinckney
21,933 48/100

By Mr. King and Mr. Adams Junr.
7,876  3/100

By Mr. Monroe
   5,509 57/100

35,319  8/100

It likewise appears that no more than $24,424 have been appropriated by Law and I wish to know by what Authority a sum has been applied to this Object beyond that appropriated. This Information I presume can be furnished from your Office, and I will thank you for as early a Communication on the Subject, as may be convenient. I have the Honor to be Sir with very high Respect Yr. Ob. Servt.
Joseph H. Nicholson

   RC (DNA: RG 59, ML). Docketed by Brent.

   Gallatin wrote to Nicholson on 11 Mar. 1802 in response to Nicholson’s 6 Mar. request as chairman of the House committee of investigation for information and accounts on the advances to Lafayette (Nicholson to Gallatin, 6 Mar. 1802, and Gallatin to Nicholson, 11 Mar. 1802, Papers of Gallatin [microfilm ed.], reel 6).

   Someone, possibly JM, added an asterisk here and wrote in pencil in the lower margin, “*Advanced M de Lafayette in 1795 & 1796.”

   The act allowing Lafayette $24,424 for his active service as a major general in the Continental army had been approved on 27 Mar. 1794 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 3d Cong., 1st sess., 1428). JM’s reply has not been found, but for Congress’s further attempts to compensate Lafayette and JM’s involvement therein, see Madison and Lafayette’s Louisiana Lands, 26 Oct. 1809 (PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:35–38).


Title: From James Madison to Louis-André Pichon, 15 March 1802 (Abstract)
From: Madison, James
To: Pichon, Louis-André

15 March 1802, Department of State. Acknowledges Pichon’s note of 18 Feb. The president received the news of the peace concluded between France and Great Britain not only with the lively interest that humanity should take at the end of such a long and bloody war but also with the sympathy owed to a friendly nation with which the U.S., under the auspices of peace, desires to expand its relations.
Has informed Pichon previously that the U.S. regards it as outside its accustomed rule to enter into a general interpretation of a treaty, preferring to make decisions only in particular cases. The president, nevertheless, acknowledges the importance that the French government attaches to the explicit adherence of the U.S. to the sense of article 6 of the recent convention and, as a consequence of the frankness and cordiality that the U.S. tries to show on all occasions to the French government, has authorized JM to declare that it is understood that the terms of that article ensure French ships and corsairs, as well as their prizes, a perfect equality in U.S. ports with the ships, corsairs, and prizes of any other nation whatsoever and that it is in this sense the article has been understood uniformly by the U.S. and in this sense it will be executed on its part.
Greatly regrets the possibility that there exists a difference of opinion between the two governments in the affair of the Insurgente. The president agrees with Pichon that a distinction must be made between a national ship and a private ship. The restitution of the latter is commonly stipulated in adjustments of national differences. The object of the stipulation in that case is to indemnify the individuals for the goods they have lost. As for national ships, they are rarely given a place in restitution clauses. The indemnity in this case is not financial but consists instead of national dignity. In consequence, when this restitution is rendered impossible by a chain of accidental causes, satisfaction cannot, as it can in a question of private property, be found in financial equivalents; it is to be found entirely in the respect shown publicly for the underlying principles. That the U.S. considers this important is reflected in its handling of the Berceau.
Has learned with pleasure of the progress of American reclamations now before the Council of Prizes and believes that, in spite of some discouraging judgments, the claims will finally be adjusted according to their true principles. Makes no other observations on this part of Pichon’s note except to say that the delays of which Pichon complains, although unfortunate, are not cause for any genuine concern. They arise from the political structure of the U.S. government, and the outcome will convince Pichon that they should not be attributed to unwillingness on the part of the U.S. to execute faithfully all the parts of the treaty.

   Tr (AAE: Political Correspondence, U.S., 54:219–20). 4 pp.; in French. Docketed as enclosed in Pichon’s dispatch no. 41 (1 Germinal an X) to Talleyrand.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:476–78.

   For the Insurgente, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:400 n. 5.


Title: To James Madison from Richard Söderström, 15 March 1802 (Abstract)
From: Söderström, Richard
To: Madison, James

15 March 1802, Washington. “I fear very much that I by this my letter will too much intrud upon your usual goodness. But circumstanced as I am at present in consequence of a multiplicity of business which Calls for me to Philadelphia for Accots. of a number of people in Europe, Obliges me to Solicit your kind determination in the Case of which I have had the Honor of laying the Records before you, not doubting In the least but that you will Judge the Claims to be a proper one and that payment for same will and can’t be refused. The Attorney General have informed me that his intention was to report today to you on the Subject. If you after receiving same should be of opinion that the owner should and ought to petition Congress for the payment, I will immediately Submit to your directions & endeavour to obtain apropriation made for same Claims. I trust you will be so obliging and pardon this my forwardness in asking your assistance in this business.”

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


Title: From James Madison to Robert R. Livingston, 16 March 1802
From: Madison, James
To: Livingston, Robert R.

Sir,
Department of State, March 16th. 1802.
Your two favours of the 10, continued on the 12th Decr., and of the 31 of the same Month, have been duly received, as were the two of preceding dates written on your arrival at Nantz and L’Orient.

We are anxious to know the result of your communications with the French Government on the subject of restitutions, both as to the rules by which they are to be settled, and the prospect of their being satisfied. From the information of Mr Pichon, it seems that the nett proceeds only will be allowed where the property has been sold; which will operate against the United States in the proportion in which the claims of their citizens exceed those on the side of France. As the object of the stipulation is rather to restore what has been lost, than what has been gained, there appears to be good ground for contending that the gross and not the nett proceeds should be the measure of indemnification. Mr. Pichon gives us to understand also that the non-existence of the Insurgente at the date of the Treaty, will be no bar to the demand of her value. On a former occasion he had admitted the contrary, and his private opinion is no doubt still the same; but it is overruled by instructions from his government. It is still hoped that the claim will not finally be pressed. A copy of my answer to a late note of Mr Pichon, which I send you chiefly on account of the other subjects contained in it, will shew you what has been added to the former reasoning addressed to him on the case of the Insurgente.
The uncertainties supposed to attend a fulfilment of the Convention by the French Government, have excited a lively sensation in our Citizens having claims under it; and have produced applications both to the Legislature and the Executive, urging a retention of the monies due to French claimants, as an eventual fund for the justice stipulated to themselves. A proceeding of this kind, however, is liable under existing circumstances at least, to the strongest objections. It would be grounding a breach of faith, on the presumption only of a breach of faith on the other side, and would be considered as mingling insult with injury. It would furnish a motive and a pretext for disregarding a compact; the complete and favourable execution of which it is our interest to require and to excite by our example. And it ought the less to be wished by our citizens, as the sum to be paid by the United States, if distributed among them, would bear so small a proportion to their claims, that it could not, according to any just calculation, balance the danger to which these would be subjected by such a precaution. A different course therefore has been pursued. The requisitions of Mr Pichon have been answered by promises of good faith, and of payment as soon as legal provision for it shall be made. He will even be permitted to receive, under the instructions, from his government the sums due to individuals who do not themselves put in their claims. This is an arrangement not entirely agreeable, but it is pressed with much anxiety; and probably has relations to the armament at St Domingo which give it a critical value. A refusal of it therefore, would not only be taken unkindly, but might, by suspicion, be connected with an unfriendly policy charged on the preceding administration, towards the French interests in that Island.

For the state of things there I refer you to the letter of Mr. Lear in the News-papers herewith forwarded. No information of later date has been received from that quarter. I refer you to the news-papers also for the late proceedings of Congress, and the subjects at present before them.
Your suggestions with respect to Mr. Patterson did not come to hand till he had left the United States. When last heard of, he was at Gibraltar. A commission for him is herewith enclosed; but if he should be indifferent to a Consular appointment, or should be willing to accept one for the Seven Islands as you presume, the Commission need not be delivered, and the person acting as Consul at L’Orient may continue in his functions. The situation of this gentleman was unknown to the President, and it is left with you to arrange, as you may find best, the matter between him and your friend Mr Patterson; keeping in mind that the President does not wish the inclinations of the latter to be violated.
The subject of your letter to Mr. King of the 30th of Decr. is regarded by the President as not less delicate than you have supposed considering the particular views which Great Britain may mingle with ours and the danger that a confidential resort to her may be abused for the purpose of sowing jealousies in France and thereby thwart our object you and Mr. King will both be sensible that too much circumspection cannot be employed.
This letter might have been made fuller, but the short notice of the opportunity, required the abridgment. With sentiments of the truest respect & consideration I remain Dear Sir Your most Obedient servt
James Madison

   RC (NHi: Livingston Papers); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, except for JM’s complimentary close and signature. Docketed by Livingston as received 15 May. Italicized words are those encoded by JM’s clerk and decoded here by the editors. RC decoded interlinearly by Livingston. Enclosures not found.

   Livingston to JM, 12 and 22 Nov. and 10, 12, and 31 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:237–38, 265–66, 302–4, 309–10, 359–60).

   For Pichon’s opinions on the Insurgente case, see his letters to JM of 9 Dec. 1801 and 18 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:298, 476–77, 479 n. 2).

   JM no doubt enclosed a copy of his 15 Mar. 1802 letter to Pichon.

   Most of the text of Lear’s 12 Feb. letter to JM (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:462–64) appeared in the National Intelligencer on 10 Mar. 1802.

   For Livingston’s recommendation of William Patterson, see his letter to JM, 1 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:368, 369 n. 2). For his subsequent reflections on the post at Lorient and its then-current occupant, Aaron Vail, see Livingston to JM, 13 and 22 Nov. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:238 and n. 1, 265–66). Patterson’s nomination as commercial agent at Lorient had been confirmed by the Senate on 26 Jan. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:402, 405).

   In his 30 Dec. 1801 letter to Rufus King, Livingston described his inquiries at the French foreign ministry about the status of Louisiana and his conviction that the retrocession had taken place. He then asked King “in what light” these developments were seen in Great Britain. After remarking that “it will certainly, in its consequences, be extremely dangerous to her,” Livingston went on to give King some “hints” that “may be made use of with the British ministry, to induce them to throw all the obstacles in their power in the way of a final settlement of this business, if it is not already too late,” warning King of the “importance of not appearing yourself, or permitting me to appear much opposed to it, if you find the thing concluded” (ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:512). See also Livingston to JM, 31 Dec. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:359, 360 n. 2).


Title: To James Madison from Stephen Cathalan, Jr., 16 March 1802 (Abstract)
From: Cathalan, Stephen
To: Madison, James

16 March 1802, Marseilles. Informed JM in his last dispatch on 29 Sept. that the bond required of him as U.S. commercial agent had been sent to Felix Imbert of Philadelphia; assumes Imbert will have forwarded it to JM. Has received JM’s circular of 1 Aug. 1801 and will “follow your directions accordingly.” Has given the local health office a certified copy “of the paragraph of your Said Letter, as well as of the Circular from the treasury department to the Collectors of the Customs, on what is relative to the bills of health to be delivered by them to the Masters of Vessels, before they Sail out from the ports of the United States.” Has also given them a copy of the form of such bills of health. Encloses a copy of their reply. Notes that U.S. vessels are subjected to quarantine only “when they have touched to some ports in the Mediterranean, from whence a quarantine is ordered here, or when they have been visited at Sea.” Encloses a list of American vessels entering Marseilles between January and December 1801 and a list of American vessels departing from his district during the same period [not found]. Has been delayed in sending reports because he was unable to get two manifests from the captains; “in future you may rely on my Exactitude in sending them to you, in the first days of July and January.” Reports that the President, which was “repairing in toulon,” departed 10 Feb. The George Washington arrived via Toulon at Marseilles on 14 Feb. and on 26 Feb. convoyed four American vessels through the Straits of Gibraltar. “The dispatching of these Ships, employed so much my time, that I could not embrace their opportunity to write you a line.” Two Swedish frigates have arrived; one is ready to sail for Tripoli, and the other will be under repair for at least three weeks before leaving for the same destination. The U.S. frigate Philadelphia, which had been ordered by Commodore Dale to be at Leghorn 10 Mar. to convoy vessels to Marseilles, was reported to have been at Malta three weeks earlier, “obliged to heave down for a leak to repair it.” The Boston was also at Malta, “and the American Vessels here which could not be ready to Sail with the Washington have Sailed Since and will now Sail without convoy.” Reports that two Tripolitan cruisers sailed from Tripoli “but in a violent Storm one was lost and the other reintered in the port of Tripoly in a poor State.” Suggests Toulon as port of call and repair for U.S. naval squadron as it is “best situated in the Center of the Mediterranean.” When the new squadron expected in the Mediterranean arrives, “the American Consuls or Agents Should receive positive orders to forbid Any American Vessels to sail out from their respective ports without Convoy; but Such Convoy ought to be regulated in a manner, that each 30 days or thereabout Such convoy Should offer in our ports.” Notes that it is fortunate the Tripolitans have not captured any American ships.
“Tho’ I have not yet received my Exequatur which has been lately refused by the minister of Foreign Relations in a conversation the Minister Plenipy. of the Un. St: at Paris had with him on that Subject, I have not yet lost all hopes of obtaining it by my relations who are also relations to the first Consul.… In the meantime I continue in the full Exercise of this office.” Asks JM to “entreat the President of the United States to be so good as to wait till all hopes of Success Should be lost” before appointing someone to replace him. In a postscript of 24 Mar., transcribes a letter from the commander of a British brig recently arrived at Marseilles from Malta, reporting that as of 17 Feb. there were two American frigates at Malta, neither “wanting any repairs.”

   RC and enclosure (DNA: RG 59, CD, Marseilles, vol. 1). RC 6 pp.; docketed by Brent as received 20 May. A duplicate copy (ibid.) is dated 10 Mar. 1802 and is incomplete. Extracts from RC 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)., 2:87. For surviving enclosure, see n. 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:151.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:1–4.

   Cathalan enclosed a copy of a letter from the guardians of public health of Marseilles, 16 Dec. 1801 (5 pp.; in French). After commending the U.S. for joining the “Sainte Coalition” of European states endeavoring to control contagious diseases by issuing certificates of health and employing quarantines and other public health measures, the French health officials pointed to alarming reports from New York newspapers, and from a European consul in Charleston, South Carolina, that a yellow fever epidemic had struck Charleston and Savannah. Quarantine decisions, they wrote, could not be made on the basis of ships’ health certificates alone.

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


Title: To James Madison from John M. Forbes, 16 March 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

16 March 1802, New York. “I have now the honor to enclose, duly executed, one of the Bonds forwarded from your Department, having retained the other agreeably to your instructions.”

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

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


Title: To James Madison from Josef Yznardy, 16 March 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

16 March 1802, Philadelphia. Having left Baltimore because of the precarious state of his health, has received at Philadelphia JM’s letter [not found] returning his consular bond because it was not signed in the presence of witnesses; regrets the omission and will send his son to take care of it. The enclosed letter exposes the fraud perpetrated by Captain Nelson in Cadiz. Notes that Juan Antonio Butler is a wealthy and respectable person. Asks JM’s advice on whether to publish this information in the newspapers or be silent; asks to be informed if JM takes steps to seize the ship.

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 2 pp.; in Spanish. Enclosure not found.


Title: To James Madison from Josef Yznardy, 16 March 1802 (Abstract)
From: Yznardy, Josef
To: Madison, James

16 March 1802, Philadelphia. States that he was ready to embark but finds himself detained because his bailsman in the Israel case, Mr. Price, wants to be relieved of the commitment. Asks JM to protect him from his persecutors; believes he cannot stay in the U.S. without risk to his life. Has seen Dallas, who said that his opinion would have been different if he had seen the new documents Yznardy recently submitted to him. Expresses his gratitude for the $3,000 paid on the balance of his account with the U.S. on condition of surety bond, which will be easily provided. Pledges his possessions in Spain to fulfill his obligations.

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 3 pp.; in Spanish.

   For Yznardy’s brief imprisonment in Philadelphia, see Jacob Wagner to JM, 17 Aug. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:50, 53 n. 8).


Title: To James Madison from Louis-André Pichon, 17 March 1802
From: Pichon, Louis-André
To: Madison, James

Georgetown le 26. Ventose an 10. (17. Mars 1802.)
Le Soussigné, par Suite de la confiance entiere qu’il n’a cessé de mettre dans Ses rapports avec le Gouvernement des Etats Unis, S’est empressé hier de donner, à Monsieur le Sécrétaire d’Etat, communication des dépêches qui lui ont été adressées conjointement par les commandans des forces de terre et de mer de la République Française récemment arrivées dans la colonie de St. Domingue. Ces dépêches imposent au Soussigné le devoir de faire, auprès du Gouvernement Fédéral, des démarches Sur lesquelles il a déjà anticipé dans une note antérieure à l’occasion de la Guadeloupe, prévoyant l’issue que les affaires de St. Domingue prendraient à l’arrivée des autorités et des forces Françaises.
Les événemens derniers de la colonie en question Sont malheureusement trop connus. Ils ne laissent plus de doute Sur le projet des chefs Noirs de rejetter toute Soumission à la France et, il faut le dire, à la couleur Blanche et aux Nations civilisées, et d’exiger une domination Séparée dont l’expérience a Suffisamment demontré le caractère et la tendance future: Il n’y a aucun doute que toutes les nations policées, et particulierement celles qui ont dans leur Sein, ou dans leurs possessions, un Etat de Société analogue à celui qui existait dans cette colonie, ne Soient interessées au rétablissement de l’ordre interverti Si longtems. Le concert qui parait S’être operé entre toutes les nations Européenes pour atteindre ce but, prouve à quel point la conviction est portée parmi elles à cet egard. Les Etats Unis doivent l’éprouver au même degré: En Conséquence le Gouvernement Français, aujourd’hui à même de travailler efficacement à cet ouvrage, à le droit d’attendre d’eux qu’ils ne permettront pas à leurs citoyens d’entraver et de violer les droits de la République Française, aussi bien que le droit des gens, en Suivant, avec les negres révoltés, aucun commerce Soit pour leur porter des Munitions Soit pour verser des approvisionnemens.
Le Général en chef de l’armée de la République et L’Amiral commandant les forces navales ont pris des dispositions pour empêcher ce commerce; les bâtimens qui tenteraient de le faire Seront confisqués, Sans préjudice de la punition des commandans. Il est à craindre que ces mesures rigoureuses n’entrainent des incidens propres à compromettre la bonne harmonie et il Semble que les Etats Unis pourraient, de leur coté, en adopter de propres, à la fois, à éviter ces incidens et à dissiper les impressions désagréables qui paraissent Subsister relativement aux communications qui ont eu, Jusqu’à ce moment, lieu entre St. Domingue et les Etats Unis. De telles mesures Seraient certainement faites pour convaincre le Gouvernement de la République de la Sincerité des dispositions et des assurances qui ont été manifestées au Soussigné, relativement aux colonies et notamment à celle de St. Domingue.
Le Soussigné doit aussi faire connaitre à Monsieur Madison qu’afin de Surveiller plus éfficacement les relations du commerce étranger avec la colonie, le Général en chef a déterminé qu’il ne Serait admis que dans les deux ports du Cap et du Port Républicain: Tous les autres ports lui Sont fermés; il Sera éssentiel au commerce des Etats Unis d’être instruit de cette disposition ainsi que de celles qui ont été notifiées plus haut, et le Soussigné Se propose de converser ultérieurement avec Mr. Madison à ce Sujet.
Le Soussigné prie Mr. Le Sécrétaire d’Etat de vouloir bien porter à la connaissance de Monsieur Le Président des Etats Unis l’objet de la présente note et en même tems il a l’honneur de l’assurer de Son respect et de Sa parfaite consideration.
L. A. Pichon

Condensed Translation
Notes that on 16 Mar. he informed JM of dispatches that had been addressed to him jointly by the commanders of the French military and naval forces recently arrived at Saint-Domingue. These dispatches oblige him to take the steps he had anticipated in a previous note about Guadeloupe. Recent events in Saint-Domingue no longer leave any doubt about the plans of black leaders there to reject submission to France and, in effect, to all whites and to all civilized nations. There is no doubt that all nations under the rule of law, especially those which harbor slaves within their society, are interested in reestablishing the previous state of things. The cooperation among European nations proves their conviction in this regard, which must be shared by the U.S. Consequently the French government expects that the U.S. will not allow its citizens to impede or violate international law by trading in munitions or provisions with the rebellious blacks.
The military and naval commanders have taken measures to prevent this trade. Vessels that attempt such commerce will be confiscated. Fearing that these severe measures will result in incidents detrimental to good relations, suggests that the U.S. adopt its own measures to avoid incidents. Such actions will convince France of the sincerity of American assurances relative to the colonies. Foreign trade with Saint-Domingue will be permitted only at Cap Français and Port Républicain. It is essential that these policies be made public. Proposes to converse with JM later on this subject. Requests that JM bring this note to the president’s attention.

   RC (DNA: RG 59, NFL, France, vol. 1); Tr (AAE: Political Correspondence, U.S., 54:229–30). RC in a clerk’s hand, signed by Pichon.

   In his letter of 1 Feb. 1802, Pichon had informed JM of trade restrictions enforced by France on the occasion of the rebellion against French authorities on Guadeloupe (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:433–34).

   The National Intelligencer reported on 19 Mar. the suspension of trade between the U.S. and Saint-Domingue except at Cap Français and Port Républicain. It also published the text of an 18 Mar. announcement to that effect from Pichon, which also prohibited the transportation of ammunition and provisions to the insurgent blacks. On 24 Mar. the paper printed a translation of General Leclerc’s 16 Feb. order proclaiming Toussaint and Christophe outlaws and the establishment of other provisions tantamount to declaring martial law.


Title: To James Madison from Edward Thornton, 17 March 1802
From: Thornton, Edward
To: Madison, James

PrivateDear Sir,
Philadelphia 17th March 1802.
With your passion for chess, I think I shall very easily stand excused for taking the liberty of informing you that on my arrival at this place I found the proposed publication of Phillidor’s games was entirely suspended on account of the want of subscribers, the requisite number being calculated at 150 or 200, while in this city there are not more than forty or fifty names yet put down. My own little knowlege of Washington enables me to say that there are many persons who would wish to procure this work; and if you are of this opinion, I should flatter myself that you would give some celebrity to this publication by procuring the name of the President and your own, as well as that of many other amateurs. If you should be able to make out any small addition to the list of subscribers, and will do me the honour of forwarding it to me, I will give it to the publisher, who only wants encouragement to commence the impression.
I shall not stay here above ten or twelve days, particularly if the Packet should arrive: and if I can be of any service to Mrs Madison or yourself in bringing anything from this place, I beg you will lay your commands upon me. I have the honour to be Your very faithful Sert
Edwd Thornton

   RC (DLC).

   The French composer François-André Danican (1727–1795), known as Philidor, was famous for his book L’analyze des échecs, first published in London in 1749. The Philadelphia Aurora General Advertiser of 12 Jan. 1802 advertised a subscription for a Philadelphia edition of the English translation to be published by James Humphreys and Joseph Groff (price, $2.50), but an American edition did not appear until 1826. Humphreys did publish a chess book in 1802 that included some of Philidor’s games under the title of Chess Made Easy. JM later owned a copy of The Elements of Chess: A Treatise Combining Theory with Practice (Boston, 1805), which included “the whole of Philidor’s Games,” while his friend Jefferson owned, among other chess books, a first edition of Philidor (Biographie universelle [1843–65 ed.], 12:935–37; Ralph K. Hagedorn, Benjamin Franklin and Chess in Early America [Philadelphia, 1958], pp. 48, 51; “Books from the Library of James and Dolley P. Madison,” Stan. V. Henkels Catalogue No. 821, pt. 6 [9 May 1899], item 285; Sowerby, Catalogue of Jefferson’s Library, 1:530).


Title: To James Madison from John Morton, 17 March 1802 (Abstract)
From: Morton, John
To: Madison, James

17 March 1802, Havana. Refers to his letter of 20 Jan. informing JM that the admission of U.S. vessels to Cuba “had become reduced to a System of tedious & expensive negotiation.” Since then, two groups of nearly fifty American ships each have been admitted on payment of 6 percent on the amount of the invoices of their cargoes. Losses to the ships have resulted not only from this charge but also from ordinary port expenses, interest on employed capital, and damage to cargoes from the delays. “And the further Effect of this Kind of Embargo upon our Vessels was, that by creating a great Influx of Merchandize & provisions at once into the market, & the necessity many were under of disposing of them immediately, the Spaniards supplied themselves almost on their own terms: and I will venture to pronounce them the most ruinous Voyages ever made to this island.” However, even these terms for admittance have been closed, and no entry into the harbor has been permitted for about ten days. Observes that the governor’s disposition to be fair is counterbalanced by his caution and timidity. “The Circumstance which finally produced an absolute refusal of Admission to our Vessels was … the representations of a respectable class of Merchants here (the most so as to property) principally connected in the Trade between the Mother-Country & the Colonies; which stated the Consequence of admitting the Americans to supply the Market to be an obstacle, if not an exclusion, of their own citizens.” Has conferred with the governor about how existing accounts with U.S. citizens will be settled if communications are cut off; the governor insists that “as the Trade had never been open, but only suffered, [the Americans] could not, or should not, have extended any Concerns beyond the reach of a very short period to adjust.” The governor did repeat his promise to delay enforcement of his January order for the departure of foreigners. Concludes that because of a shortage of provisions and the inability of Spain to provide for the colony, “a very short time must … show in still stronger light, their precarious situation; & inevitably lead, I think, to a further admission of our provisions, Lumber, & other articles of the first necessity.”

   RC (DNA: RG 59, CD, Havana, vol. 1). 7 pp.; docketed by Brent.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:414–15.

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


Title: From James Madison to Charles D. Coxe, 18 March 1802 (Abstract)
From: Madison, James
To: Coxe, Charles D.

18 March 1802, Department of State. “I have the pleasure to inclose you a Commission as Commercial Agent of the United States for the port of Dunkirk in France, issued in consequence of the Senate’s confirmation of your appointment, and request the renewal of your Official bond, for which purpose a blank is also inclosed.”

   RC (SSSPL). 1 p.; in a clerk’s hand, signed by JM. Enclosures not found. The Senate had confirmed Coxe’s nomination on 26 Jan. 1802 (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:405).


Title: To James Madison from Sylvanus Bourne, 18 March 1802 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

18 March 1802, Amsterdam. Transmits the latest issues of the Leiden Gazette. Although many months have passed since the signing of peace preliminaries between France and Great Britain, no final arrangement has been made and the state of suspense is prejudicial to commerce. British government has ordered a “respectable fleet” to sea; this has created alarm as to the prospects for the deliberations at Amiens. The visit of the former stadtholder’s son to Paris has given rise to various speculations; “the most reasonable presump⟨tion⟩ is that it is for the purpose of arrang⟨ing⟩ the species & quantum of indemnity wh⟨ich⟩ his father is to receive for the loss of ⟨his⟩ possessions in this Country.” Expresses his pleasure at finding by the recent treasury report on U.S. finances that the country is enjoying prosperity. “The misfortunes of Europe afford us a lesson which if wise we shall not fail to profit of.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 3 pp.; docketed by Brent as received 31 May.

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


Title: To James Madison from William Eaton, 18 March 1802 (Abstract)
From: Eaton, William
To: Madison, James

18 March 1802, Tunis. Adds to what he wrote in the enclosed letter to Rufus King that on arriving in Tunis, he found Hamet Pasha “yielding to his brother’s instances and on the point of departing for Derne a Province of Tripoli, the Government of which is promised him.” Has refused Hamet’s request for a passport and “told him very candidly that if he departed we must consider him in the light of an enemy,” even to the extent of carrying him and his retinue as prisoners of war to America. Has assured him “if he would adhere to his former arrangements I did not doubt but that before the expiration of four months he might be offered to his people by an American Squadron. I tell him the sole object of his brother is to cut his throat.” The bey has refused Hamet further provisions, so he proposes awaiting the outcome in Malta. Eaton has consented only to his going to Leghorn or Sardinia. “If he departs on other terms I shall send an armed Ship after him, & if possible carry him and retinue to some Italian Port.” Adds that Captain McNeill stopped at Tunis on 29 Jan. since when there has been no news of him. In a 26 Mar. postscript, states that Hamet Pasha “has manifested an unequivocal disposition to come into my plans heretofore detailed; he is assured of a revolution in his favor if he can be offered to his people with Sufficient show of force: but he is surrounded by Turks and Arabs Subjects of his brother sent him as protectors, in so much that he cannot act.” Encloses copies of his plans. “If they succeed it will be productive of incalculable advantages if they fail I am conscious of having exposed myself to the imputation of at least too much Zeal.”

   RC (DNA: RG 59, CD, Tunis, vol. 2, pt. 1); letterbook copy (CSmH). RC 3 pp.; in a clerk’s hand, signed by Eaton; marked “Copy. A.” and enclosed with Eaton’s 4 Apr. dispatch. 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)., 2:90–91. Postscript not on letterbook copy. Enclosures not found, but enclosures B through E in Eaton’s 4 Apr. dispatch are apparently duplicates of those sent with the original of this letter (see Eaton to JM, 4 Apr. 1802, and n. 1).

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


Title: To James Madison from John Lamson, 18 March 1802 (Abstract)
From: Lamson, John
To: Madison, James

18 March 1802, Trieste. Notes that his last letter of 29 Dec. 1801 was sent shortly after his arrival in Trieste; since then he has received JM’s circular letter and will pay careful attention to its instructions. Observes that the information he can obtain on commerce “will seldom be accurate especially in a port like this, no duties being payable little attention is paid to entries.” Discusses the commercial importance of Trieste, “being a free port in a central situation,” and suggests his commission be altered “to make it general for all the ports of the Emperor in the Adriatic, including Venice,” until the commerce becomes important enough to attract U.S. citizens as consuls. “By this means a Uniform system may be adopted in all the ports and thus prevent the int[e]rests of our Merchants from suffering by the rivalship which might be created should these offices pass into the hands of foreigners.… Indeed the Goverment here have put this construction on my commission and have given me their Exequator accordingly & in consequence I shall venture to name agents in the different ports Untill I receive your instructions to the contrary.” Requests that he be considered for the post of naval agent in the Adriatic if such a post is to be created. Quotes a notice from a Frankfurt newspaper, dated 9 Feb. at Stockholm, which says that Tripoli has acquired a three-masted vessel in Smyrna to be used against American and Swedish ships. Will wait until June to send “a return of all the American Vessells that have ever visited this port” so that it will be more complete.

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

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:353.

   Circular Letter to American Consuls and Commercial Agents, 1 Aug. 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:1–4).

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


Title: To James Madison from Richard Söderström, 18 March 1802 (Abstract)
From: Söderström, Richard
To: Madison, James

18 March 1802, Washington. “As I am fully convinced that acting only as agent agreeable to power of Attorney for an Individual, and not in any publick Capacity I have no Claim to any determination from, or right to make any direct application to the Executive, and less in consequence of the obliging informations you have both in writing and Verbell given me; which is, that when the Court of the United States have given their final Decree in any Case, the Claimer must petition Congress for the money, when no appropriation is made. In consequence of this, and of what you told me yesterday, which confirmed the above, that application for such payments must be made to Congress, I have therefore prepared a petition which I intend to have presented to Congress to day, and of which I have the Honor to inclose you a Copy.”

   RC and enclosure (DNA: RG 59, NFC, vol. 1). RC 2 pp.

   See JM to Söderström, 23 July 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:461).

   Söderström enclosed a petition to Congress (4 pp.) on behalf of Paolo Paoly, master of the Danish merchant schooner Amphitheater, which sailed from St. Thomas in January 1800, was taken at Saint-Domingue as a prize by Capt. William Maley of the U.S. armed schooner Experiment, and was subsequently condemned in the district court at Philadelphia as a French armed vessel; in May 1801 the sentence was reversed on appeal in the Pennsylvania circuit court. A bill for Paoly’s relief was passed by both houses of Congress in April 1802 (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 1st sess., 259, 1141).


Title: To James Madison from Albert Gallatin, 19 March 1802
From: Gallatin, Albert
To: Madison, James

Dear Sir
March 19th 1802
Mr Steele is anxious to have Mr Marshal’s accounts so far stated as to be enabled to judge whether any further appropriation will be necessary. A statement somewhat similar to that furnished by Mr Kimbal in relation to Mr Pickering’s account would be necessary.
The enclosed shows the sums advanced and to whom; but for what purpose &, therefore, under what head of appropriation to be arranged? is the question. It is presumable that the letters transmitting the money or the letters applying for the money must show for what object it was asked & remitted.
Will you be good enough to cause at least the attempt to be made by an investigation of those letters? I make the application at the express request of Mr Steele. Your’s respectfully
Albert Gallatin

   RC and enclosure (DNA: RG 59, ML). Docketed by Wagner.

   Gallatin enclosed an “Accompt of monies for which John Marshall Esqr. late Secretary of State will be credited by the following named persons to whom they were paid over and concerning which the Comptroller of the Treasury wishes information as to the objects of expenditure originally designated by the said Secretary” (1 p.). The persons listed included Rufus King, several American consuls and agents, and Lisbon bankers John Bulkeley & Son, and the amounts advanced totaled $146,131.51. For Marshall’s comments on the ensuing treasury report, see his letter to James A. Bayard, 12 Apr. 1802 (Herbert A. Johnson et al., eds., The Papers of John Marshall [6 vols. to date; Chapel Hill, N.C., 1974—], 6:106–7).


Title: To James Madison from James Yard, 19 March 1802
From: Yard, James
To: Madison, James

Dear Sir
Philada. March 19. 1802.
I take the liberty of introducing to your acquaintance the Bearer Mr. perkins of Boston, who goes to your City in order to represent to Government the Treatment which he & Some of his friends have received from the Spaniards in so. America. His Situation & my own are so exactly alike that the Same Measures will be adopted by us jointly for the Recovery of our property. When you have heard from him the Detail of the Case of the Ship Diana, you will know nearly every Circumstance relative to my Ship Asia & Brig Dolly. I dispatched those Vessels in the Fall of 1800 under a Contract with the Spaniard, with whom Mr perkins contracted, making all the Advances in Consideration of an Engagement on his part to allow me one half the Profits & to secure me free Admission into the Spanish ports in the South seas. My Vessels arrived at Lima; the Cargoes were forcibly taken from them, appraised at very low prices & sold at those prices. The proceeds are lodged in the Treasury until the Kings pleasure is known. Under all the Disadvantages of restricted prices the proceeds of the two Cargoes have yielded more than half a Million of Dollars. Mr. perkins’s sold for $157.000. From the Amount of these sums you will see the Importance of these Transactions & I doubt not will afford every Relief in your power.

After mature Deliberation I have determined to proceed myself to Madrid & there endeavour to procure Satisfaction. But as it is a Business of a very delicate Nature & such as may excite the Jealousy of the Government, I have concluded to begin my operations without applying to our Minister. I have powerful friends there who can take their Measures without Eclat & of Course with more security. Yet in the Event of my making no progress thro’ their means & other powerful Agents which I shall carry with me I must beg the Interference of our own Government. With this View I shall be thankful if you would oblige me with your Reccommendation of my Case to Mr. Pinckney in a Letter written especially for the purpose, to be delivered or not as I may think proper; also with a Line of Reccommendation to be delivered in all Events. I conceive that this Arrangement will be the most proper for the Occasion & I hope therefore may meet your approbation. As it is probable that I shall also go to France England & Holland I hope you will excuse me if I trespass so far as to beg a Line to our Ministers in those Regions. You have doubtless heard of my Misfortunes & have taken a friendly part on the occasion. The Efforts which I am now about to make if Successful will amply provide for past Engagements & future Wants.
Mr. Perkins and I have agreed in opinion that it would not be proper to Say any thing on the subject to the Spanish Minister at Washington. I am very respectfully Dear sir Your obliged servt
James Yard

   RC (DLC).

   This was Samuel G. Perkins, who also carried a letter of introduction to JM from Edward Stevens of Philadelphia, 19 Mar. 1802 (DLC; 1 p.). Perkins, partner in the Boston firm Stephen Higginson and Company, was the brother of Boston merchants James and Thomas Handasyd Perkins, who along with Higginson and Company were owners of the ship Diana (Freeman Hunt, “Thomas Handasyd Perkins,” in Lives of American Merchants [1856; 2 vols.; New York, 1969 reprint], 1:50, 51; Memorial of James Perkins et al., 23 May 1822 [DNA: RG 76, Spain, Treaty of 1819, Allowed Claims, vol. 23]). For the case of the Diana, see Stephen Higginson to Alexander Hamilton, 10 Oct. 1803 (Syrett and Cooke, Papers of HamiltonHarold C. Syrett and Jacob E. Cooke, eds., The Papers of Alexander Hamilton (26 vols.; New York, 1961–79)., 26:157–58 and n. 1).