Title: From James Madison to Thomas Jefferson, 7 May 1802
From: Madison, James
To: Jefferson, Thomas

private
Dear SirWashington May 7. 1802
Mr. Lear arrived here the day before yesterday a few minutes after your departure. He confirms the information as to the imprisonment of Capt: Rodgers & Davidson. Inclosed is a copy of le Clerc’s explanation on the subject, of my letter to Pichon with his answer, and of a letter to Mr. Livingston which I shall forward to Philada. this evening, that it may overtake the despatches already in the hands of Mr. Dupont. The other information given by Mr. Lear is that the state of things in St. Domingo augurs a protracted if not a doubtful warfare, that the ports abound, and superabound with every necessary, that money has lately arrived both from France & from the Havanna, that the irritations between the French & the Americans are occasioned by faults on both sides, and that there probably is a mixture of antirepublican venom in those of the French. From a confidential communication made to him, it appears that the idea in the Army is that Republicanism is exploded, that Monarchy must be forced, and that Buonaparte is the proper successor to the cashiered dynasty; but that it is the ⟨party⟩ &c. and not the nation that wishes this revolution.
Mr. Smith is not yet returned from Baltimore. Mr. Gallatin left us this morning. Genl Dearbourn will go for a few days to Philada. on monday or tuesday.
I inclose a recommendation of A Collector for Amboy, that in case you decide in your absence, all the candidates for that vacancy may be before you. With the most respectful attachment I remain Yours
James Madison

[Enclosure]
“Extract of a letter from the Genl. in chief of St. Domingo to Mr. Lear dated Cap. 25 Grl. an. 10.
“Vous avez paru, avoir des inquietudes sur l’arrestation des MMrs Rodgers et Davidson. Vous ne devez pas ignorer les propos et les bruits allarmants, que le premier s’est permis de repandre sur l’armèe francaise, a son arrivèe aux Etats Unis. Il n’est pas permit a un negociant pour favorizer ses speculations, d’inquieter le commerce de sa nation; et de calomnier une armèe. Quant au second: le nom qu’il avait donnè a son bâtiment, lors de son depart des Etats Unis, m’avait d’abord donnè des inquietudes sur son compte, qui n’ont fait qu’accroitre par des rapports que J’ai obtenu.”

Translation
“You seem anxious about the arrests of Messrs. Rodgers and Davidson. You cannot be ignorant of the angry remarks and alarming reports made about the French army by the first on his arrival in the U.S. A merchant is not permitted to disturb his nation’s commerce and to malign an army in order to promote his own speculations. As for the second, the name he gave his ship when he sailed from the U.S. first aroused my suspicions about him, which were only increased by the reports I obtained.”

   RC and enclosures (DLC: Jefferson Papers). RC docketed by Jefferson as received 13 May. The enclosed extract of Leclerc’s letter to Lear is a letterpress copy in JM’s hand. JM also enclosed letterpress copies of his 6 May letter to Pichon, his 7 May letter to Livingston, and Pichon’s 7 May reply.

   Probably John Halsted to JM, 4 May 1802.

   A copy of this letter that Lear subsequently forwarded to JM is dated 27 Germinal an X (17 Apr. 1802) (see Lear to JM, 22 June 1802, and n.).

   William Davidson’s ship was the St. Domingo Packet (Philadelphia Aurora General Advertiser, 1 Jan. 1802). According to a letter from Saint-Domingue published in the Aurora on 11 May 1802, Davidson was suspected of participating in a mercantile venture with Toussaint L’Ouverture. The ship, the letter noted, “is now in the harbour of Cape-Francois, with Toussaint’s figure for a head.”


Title: To James Madison from William E. Hũlings, 7 May 1802
From: Hũlings, William E.
To: Madison, James

SirNew Orleans 7th. May 1802.
You are, no doubt, acquainted with the suspension of the American Consular functions in this place, which took place by Order of his Catholic Majesty on the 9th. October 1799. And of my continuing, as Vice Consul of the U. S., to give such papers to the Citizens of said States, as were Necessary to their safety and benefit, under a well founded belief that the Governt. of this Port wou’d take no umbrage at my doing so. Since which I have uninterruptedly exercised the duties of my employ (with respect to American Citizens only) until the day before Yesterday, when I recd. from his Exclly. Don Manuel de Salcedo a letter, of which the inclosed is a true Copy.
I am persuaded that my well informed friend Daniel Clark Esqr. has given you a perfect knowledge of every Circumstance relative to the Interests of the United States, and their Citizens in this Port, and of the great necessity there is for the Public residence of a Consul, or Agent of their Nation, as long as it shall continue to be the place of their deposit.
We have a vast number of Boats in our harbour from the American Settlements, ladened with flour, tobacco, bacon, Salt Pork, Beef, Cordage; some Hemp; and Cotton of Natchez and Tenessee.
The Markets are exceedingly dull & Cash very scarce; And although there are upwards of thirty five American Vessels in Port, freight cannot be had to St. Domingo, the Windwd. Islands, or Jamaica under three to four dollars pr. barrel of flour.
We are in much uncertainty respectg. the cession of this country to France; every day brings us contradictory reports. We have been alarmed by some information recd by a Providence Gazette, stating that an Account had been brot. from London to that port, under date of the 8th March, that a rupture had taken place between England and Spain. No Vessel has arrived since to confirm or destroy the News. I am Sir With the greatest respect Your Most Obedt. humble Servt.
Wm. E Hũlings

   RC and enclosure (DNA: RG 59, CD, New Orleans, vol. 1). Docketed by Brent.

   See Hũlings to JM, 2 May 1801 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 1:139 and n. 1).

   In his letter to Hũlings, 5 May 1802 (2 pp.; in Spanish), Manuel de Salcedo quoted a letter from the intendant of Louisiana indicating that Hũlings was continuing to perform the duties of vice-consul of the U.S., and he reiterated the order to Hũlings to abstain from all public functions.


Title: From James Madison to Griffith Evans, 7 May 1802 (Abstract)
From: Madison, James
To: Evans, Griffith

7 May 1802, Department of State. “The late Convention with England having received its full Ratification, your appointment under the Seventh Article of the Treaty of 1794 has of course ceased. You will probably learn from Mr. Thornton the disposition of the Books and papers belonging to the British side in your office—Mr. Read will receive whatever share of them ought to remain with the United States.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. RC offered for sale in the Carnegie Book Shop Catalogue No. 132 (3 Mar. 1948), item 237.

   This is apparently a clerk’s error; an extract printed in the Carnegie Book Shop Catalogue reads, “VIth Article.”


Title: To James Madison from Rufus King, 7 May 1802 (Abstract)
From: King, Rufus
To: Madison, James

7 May 1802, London. No. 66. Asserts that a great principle of U.S. policy is “to maintain and perpetuate the union of our Country.” Expresses concern over the cession of Louisiana and the Floridas to France, because it is a measure calculated “to weaken and divide us.” Has reinforced verbal communications between British ministers and himself on this subject through a confidential letter to Lord Hawkesbury, which is enclosed with the minister’s answer. The subject is considered by all men of consequence in Great Britain “as a measure of the greatest consequence,” with “an unavoidable influence upon the duration of Peace.”

   RC and enclosures (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. Printed in King, Life and Correspondence of Rufus King, 4:122. For enclosures, see n. 1.

   King’s letter to Hawkesbury, dated 21 Apr. 1802 (3 pp.), requested “in confidence” an explanation of the British position on the rumored cession of Louisiana and the Floridas to France (printed ibid., 4:108–9). Hawkesbury’s 7 May 1802 letter to King (3 pp.), marked “Confidential,” underlined the importance of the retrocession question to the British government and noted that the event “should render it more necessary than ever” that a “spirit of Confidence” should exist between Great Britain and the U.S. As for the free navigation of the Mississippi River, Hawkesbury went on to say, “it is perfectly clear, according to the Law of Nations, that in the event of the District of Louisiana being ceded to France, that Country would come into the Possession of it, subject to all the Engagements which appertained to it at the Time of Cession.” He concluded by assuring King that the British had received no indication from France or Spain that the cession had taken place (printed ibid., 4:123).


Title: From James Madison to Arthur St. Clair, 8 May 1802
From: Madison, James
To: St. Clair, Arthur

SirDepartment of State May 8. 1802.
Among the papers delivered to this Department along with your defence against the charges of Col. Worthington &ca. we do not find the documents produced in support of them. As your defence was sent to the President after a hasty perusal, without particularly looking into the papers inclosed with it; and which I presumed I had seen before, the documents in question may have been returned & been mislaid, on this supposition time has been taken to search for them. The second however being unsuccessful, and it occurring that the missing papers may have got among others, and remain with them, I ask the favor of you to see whether this be the case, & if it be to forward them. You may recollect that they were furnished at a different time from the copy of the charges, and may thence be the less unlikely to remain apart from them. Very respectfully I have the Honor to be & ⟨ca.⟩
James Madison.

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

   For the charges against St. Clair and the administration’s response, see Circular Letter from Thomas Jefferson, 29 Apr. 1802, and n. 1.


Title: From James Madison to Messrs. Warner and Leit, 8 May 1802 (Abstract)
From: Madison, James
To: Warner and Leit

8 May 1802, Department of State. “I have just written to Mr. Soderstrom for such information as may enable me to satisfy your enquiries concerning the fate of your claim upon Sweeden—this Gentleman having long since made a representation of it to his Government, by the request of that of the United States. When his answer is received I shall lose no time in communicating its contents to you.”

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

   No letter from Warner and Leit to JM has been found.


Title: To James Madison from Stevens Thomson Mason, 8 May 1802 (Abstract)
From: Mason, Stevens Thomson
To: Madison, James

8 May 1802. Recommends the bearer, Lund Washington, “as a person desirous and capable of filling the office of a Clerke in your Department should any vacancy occur.”

   RC (DLC). 1 p.

   This was probably the Lund Washington (b. 1767) who was the son of Robert Washington and Alice Strother Washington of Green Hill, Virginia (Abbot, Papers of Washington: Presidential Series, 1:369 n. 1).


Title: To James Madison from Samuel Hanson of Samuel, 9 May 1802
From: Hanson, Samuel (of Samuel)
To: Madison, James

Sir,Washington, 9th. May, 1802
I came hither this morning to wait on you, in order to Solicit the appointment lately become vacant by the resignation of Mr. Wagner. Not finding you at home, I take the liberty of leaving a few lines, presuming that they may answer the purpose of a personal interview. In forming an estimate of my character, I would beg you, Sir, to take it, not from the representations of persons prejudiced against me on account of my rupture with the Directors of the Bank of Columbia; but from Some of the best men in existence, residing in and near the district, who have known me, and been my real and Steady friends, for near 30 Years. To the Same authority I would refer you for a knowledge of my pretensions, on the score of competency to the discharge of the duties of the office. Of those pretensions, such as they are, it would not become myself to Speak. It may not be improper, however, to State that I translate the French Language with great facility; and that, if the knowledge of the Spanish be also necessary to the due discharge of the office, I would engage to acquire it, to a sufficient degree, in the course of a few weeks. This engagement my previous acquaintance with the Latin & French would, if I do not greatly deceive myself, enable me to perform. With great respect I am, Sir, Your most obedt
S Hanson of Saml

   RC (DLC).

   For Samuel Hanson of Samuel, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:93 n. 2. Hanson was hired as a clerk in JM’s office in October 1802 (Hanson’s oath of office, 14 Oct. 1802 [DNA: RG 59, ML]). For his subsequent career, see PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (2 vols. to date; Charlottesville, Va., 1984—)., 2:277 n. 1.


Title: To James Madison from Thomas Jefferson, 9 May 1802
From: Jefferson, Thomas
To: Madison, James

Th: J. to J. Madison.Monticello May 9. 1802.
The road through Ravensworth is renderd absolutely impassable for a four wheeled carriage by a single change made lately by one of the mr. Fitzhughs in his plantation. You must not therefore attempt it, but go on to Fairfax C. H. & there turn off to Songster’s. Bull run is now passed at an excellent ford, and the hills by a great deal of work have been made quite good. The road between Elkrun church & Norman’s ford is bad, as it generally is, but it will be better by the time you come on. All the rest is fine.
I think mr. Wagner should be instructed to take decisive measures for having a sheet of the laws printed daily till done. A person direct from Kentucky, tells me a person of known credit had reached there from New Orleans which he left March 6. and affirms a French governor had arrived there, without troops, and had taken possession of the government. He was so positive that if we have nothing later from thence, I should think it possible. Adieu affectionately.

   RC (DLC); FC (DLC: Jefferson Papers). FC dated 6 May 1802.

   JM passed along Jefferson’s suggestion to Daniel Brent, who was acting as chief clerk in Wagner’s absence. Brent reported the near completion of the publication task in a letter to Jefferson dated 21 May 1802 (DLC: Jefferson Papers).


Title: To James Madison from James Leander Cathcart, 9 May 1802 (Abstract)
From: Cathcart, James Leander
To: Madison, James

9 May 1802, Leghorn. No. 5. Has not heard from “Barbary” but supposes Eaton persuaded Hamet to remain at Malta until the U.S. naval squadron arrives with instructions from the president. Has been informed that the Enterprize arrived “with dispatches at Gibraltar” and immediately went in search of the Boston, “who I presume is off Tripoli, but this is only conjecture as I have not been favor’d with a line from Captn. McNiel since his arrival.” Encloses “all the information I am at prest. master of.”

   RC and enclosures (DNA: RG 59, CD, Tripoli, vol. 2). RC 1 p. Enclosures, docketed by Brent as received in Cathcart’s 9 May dispatch, are a translated extract from Joseph Pulis’s letter to Cathcart, 13 Apr. 1802 (1 p.), reporting the arrival at Malta of a Russian ship carrying Hamet Pasha, “who it seems is reconciled to his brother & is going to take upon him the government of Derna or Bengasi provinces of that Regency,” noting that the Russian ship captain had apparently “suspended their departure” in consequence of Pulis’s warning that Tripoli was under blockade by U.S. ships, and describing his efforts to forward this information to Captain McNeill so that Hamet would be intercepted if he proceeded on his voyage; and a copy of Cathcart’s reply, 9 May 1802 (2 pp.), commending Pulis’s “zeal for the publick service” while warning him to “strenuously avoid commiting the honor of the United States or involving us in paltry bickerings with other nations” and requesting the “earliest intelligence” of the Enterprize’s arrival in Malta and Hamet’s departure, should he leave the island.

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


Title: From James Madison to James Leander Cathcart, 10 May 1802
From: Madison, James
To: Cathcart, James Leander

Sir,Department of State May 10th. 1802.
The Adams frigate, by which you will receive my last, containing instructions on the subject of peace with Tripoli, and of your appointment as successor to Mr. obrien at algiers, meeting with unexpected delay; I make use of it to inform you that I have drawn on the Secretary of the Treasury for $24,000, which he will place in Leghorn subject to your orders as soon as he can make the arrangement. This sum as you have been already apprized, is meant for your admission as Consul to the Dey of algiers. I need not repeat, that it will be an agreeable circumstance, if your admission can be effected without it; or with as small a portion of it as possible; or that if a present be unavoidable, it will be less disagreeable in the simple form of Cash, than in the troublesome one of jewelry &c.
The accounts which we continue to receive strengthen our expectation, that you will find the Bashaw of Tripoli in a proper disposition to peace, and be able to conclude it on terms admissible by the United States. However able this Country may be to carry on the war with effect, the expence and trouble of it, and the encreased risk whilst at war with one of the Barbary powers, of getting into war with the others, are with the President just motives of solicitude for the success of your negotiation. Very respectfully, I am &c.
James Madison.

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


Title: From James Madison to James Sullivan, 10 May 1802
From: Madison, James
To: Sullivan, James

SirDepartment of State May 10. 1802.
The establishment with the British Government of a proper boundary in the jurisdiction of the Islands in Passamaquody Bay and of proper regulations in navigations in navigating the channels between the same, is an object which for some time has engaged the attention of the Executive, and which, it appears by a late Resolution of the Legislature of Massachusetts is much desired by that State. The inquiries into which you have been led particularly, as an agent on the part of the United States Under the  Article of the Treaty of 1794. induce me to ask of you the favor to communicate whatever information or observations you may think will be of use to Mr. King in vindicating our rights where they are covered by the Treaty, or in adjusting, advantageously, our interests, where the obscurity of the treaty may require a compromise. To give you full possession of the subject I take the liberty of enclosing you a copy of what was said to Mr King thereon in July last and of requesting that you will be good enough to let me have your communications at as early a day as you can make convenient. I have the Honor &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14); Tr (M-Ar); Tr (MHi).

   For the resolution of the Massachusetts legislature, see JM to Caleb Strong, 21 Apr. 1802, n. 2.

   Left blank in all copies. In 1796 James Sullivan (1744–1808), who had written a history of Maine and who was at that time attorney general of Massachusetts, was appointed as agent to represent the U.S. before the commission authorized under the provisions of article 5 of the Jay treaty to determine what river was intended as the St. Croix River, the boundary between the U.S. and Nova Scotia. Sullivan was a prominent Boston lawyer and a pillar of the Republican party in New England, who served, among other political posts, as governor of Massachusetts, 1807–8 (Miller, TreatiesHunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48)., 2:249; Moore, International Adjudications, 1:15).

   See JM to Rufus King, 28 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—)., 1:484).


Title: To James Madison from Robert R. Livingston, 10 May 1802
From: Livingston, Robert R.
To: Madison, James

No. 11.
Dear SirParis 10h May 1802
I am just informed by a letter from Mr. Curwen at Antwerp that he has brought despatches for me but that he can not come up with them in less than 10 days. This will necessarily suspend any farther application to the government on the subject of debts or Luissania having not been favoured wh. a line from you since last decr. I wish to receive your instructions on these interesting subjects. By a letter of the 5th. of March from Mr. Lear I find that the merchants are satisfied with the measures persued at St Domingo so that my application to the government on that subject will of course be considered as premature. I however am very much surprized that the business has been so easily acquiesced in, I had hoped that past experience would have kept our merchants from granting new credits and thereby rendering the payment of their old debts more remote & our demands less attended to. In daily expectation of the arrival of these bills I have procured a promise from the minister of marine that they shall be pun[c]tualy paid. But 60 days makes a great change in the state of things here and had our merchants given no farther credits money would have been found for no provissions can be sent from here And the necessity for esstablishing a future credit wd have had great effect on the measures that might be taken with respect to our past contracts.
I was much pleased to find in Mr. Lears letter the instructions you had given him relative to his conduct with respect to France it was an unequivocal proof that their suspicions as to our wishes & views with respect to the Islands were unfounded & it had a tendency to exonerate the government when our merchants were suspected of favouring the blacks. For this reason I put it in the hands of the Minister & told the first consul that I had done so, at which he appeared to be pleased.
A few days ago another plot was discovered against the life of the first Consul in which Genl Delmas & a Coll. of Dragoons were concerned both have escaped from the officers sent to arrest them some obscure people have been taken up & the thing is as little noticed as possible tho it has given serious uneasiness as discontents prevail in the army particularly in that part of it which composed the army of the Rhine who are dissatisfied with the little notice that is taken of Moreau—as well as with the number of new officers that have been made from among those that were opposed to the revolution. This among other circumstances will lead this government to pass over this plot without endeavouring to dive too deeply into it.

   You will find a vote of the Tribunate to give to the first consul “un gage é[c]latant de la reconnaissance nationale.” This has excited various conjectures & by many considered as leading to an immediate change of government it has recd. some check from the discovery of the discontents I have mentioned but is not yet laid asside.

 I pray that I may not be quoted for any matter of intelligence from this country as I find I have been in some of our newspapers. You will find in the papers a state of the finances of france I have no doubt that if no accident happens to the first Consul that they will be able very soon to look all demands in the face & that they will ultimately pay them but for the present every claim meets with great difficulty. I am very sorrey that I have had yet no official information of the sums voted by us for carrying the treaty into effect as I would have made it the basis of a new demand. Indeed I know nothing of what passes with you except from my private friends who are often inaccurate. Not a single paper has reachd me from any port but New York tho there are constant arrivals from the eastern ports. As I have but just heard of the conveyance by which this goes I can only send you this hasty letter. After receiving your despatches I shall take such measures as you may direct & send you the result. I pray you to believe that I am Dear Sir With the highest essteem Your Most Obt hum: Servt.
R R Livingston

   Draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded.

   Tobias Lear described the invasion of Saint-Domingue by French forces and the destruction of Cap Français by General Christophe and his troops. He went on to inform Livingston of the arrangements made with General Leclerc for Americans to supply provisions to the French army, which included bills of exchange drawn on the French government. Lear expressed confidence that the bills would be paid on time, although, he wrote, “many doubt them from their past experience of French Paper.” He told Livingston he had suggested to Leclerc that both parties would benefit if arrangements could be made to pay the bills in the U.S. or, failing that, to establish a fund in Holland where the U.S. “had large payments to make” (Lear to Livingston, 5 Mar. 1802 [AAE: Political Correspondence, U.S., 54:187–92]).

   See Livingston to JM, 27 Mar. 1802, and n. 5.

   For JM’s instruction to Lear not to “controvert or offend the authority of the French,” see his letter of 8 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—)., 2:373). It was, as Lear put it in his letter to Livingston, “peculiarly pleasing to me, as it entirely accorded with my own sentiments” (Lear to Livingston, 5 Mar. 1802 [AAE: Political Correspondence, U.S., 54:191]). Livingston gave the original of Lear’s letter to Talleyrand.

   Antoine-Guillaume Delmas (1766–1813) was a promising general of division who served in Italy (1799) and with the Army of the Rhine under Moreau (1800). He spent the years from 1802 to 1813 in disgrace, returning briefly to active duty only to be killed at the Battle of Leipzig. His early retirement was due to his “outrageously irreligious attitude” and not to any failed assassination attempt (Tulard, Dictionnaire Napoléon, p. 587). A notice from a Paris newspaper, dated 10 May, printed in the National Intelligencer of 16 July 1802, detailed the circumstances surrounding Delmas’s comments to Napoleon on the celebration of the Concordat.

   Jean-Victor Moreau (1763–1813), as commander of the Army of the Rhine, was the architect of the successful campaign against Austria that culminated in the decisive victory at Hohenlinden in December 1800 and led to the peace negotiations at Lunéville. For a time, Moreau was one of the few who rivaled Napoleon in the affections of the army and the French people (Biographie universelle [1843–65 ed.], 29:256–62).

   The French national accounts for an X and the projected budget for an XI were published in a supplement to the 12 Floréal an X (2 May 1802) issue of the Paris Moniteur universel.

   On 8 May, Chabot de l’Allier, presiding over a session of the tribunate, vowed that Napoleon would be given a brilliant token of national recognition (Moniteur universel, 20 Floréal an X [10 May 1802]). While Napoleon expected to be offered the consulship for life, the legislature offered no more than reelection as first consul for ten years. When Napoleon balked at this measure, a group of senators proposed a national plebiscite on the question of a life consulship, and the first consul’s life tenure was approved by over three million Frenchmen (Tulard, Dictionnaire Napoléon, pp. 1338–39).


Title: To James Madison from Robert R. Livingston, 10 May 1802
From: Livingston, Robert R.
To: Madison, James

No. 12.
Dear Sir,Paris 10th. May 1802
Since my letter of this morning I have recieved farther information on the subjects there hinted at. In consequence of the resolution of the Tribunat mentioned in my letter a motion was brought forward in the Senate to invest the First Consul with the Consulate for life. This was violently opposed—one of the members in a most animated speech was so hurried on that He droped the following memorable expression what this Corsican this man from an island where the Romans declared they could not find a man worthy of being a slave. It terminated in a resolution to offer an extention of the term ten years beyond the constitutional period. This I am credibly informed will be refused. Whether the matter will rest here is very uncertain. We are perhaps at the moment of a new revolution. What I told you of the plot was correct. Delmas has been deported & several others are suspected. The fact is the dissatisfaction among the heads of the army is pretty extensive. The troops from Italy are to be embarked as is said for St. Domingo & to be victualed out by the Italian states. It is however suspected that their destination is for the east & not for the west. The ready acquiescence of the two Emperors & Prussia in the late change in Italy & the close connection that has of late taken place between Count Marcoff & the first Consul & Ministers & their numerous conferences leads to this conclusion—that the Porte is to be sacrificed as Poland was. Bernadottes destination is not changed—at least it was not 10 days ago. He is at present one of the discontented tho brother in law to Joseph Bonaparte. You will see the necessity of the utmost secrecy on the subject of this letter. I am Dear Sir with the highest consideration your Most obt. He. St.
Robt R Livingston

   RC (DNA: RG 59, DD, France, vol. 8); draft (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC in a clerk’s hand, signed by Livingston; docketed by Brent. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. RC decoded interlinearly by JM. Draft filed at 16 May 1802.

   The negotiations then taking place between the Russian ambassador, Count Markov, and Talleyrand were on the subject of the German states, not the Sublime Porte (Turkey) (Deutsch, Genesis of Napoleonic Imperialism, pp. 51–55).

   For the rumor that General Bernadotte was to command the French expedition destined for the occupation of Louisiana, see JM to Lear, 8 Jan. 1802, and Livingston to JM, 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—)., 2:373, 374 n. 4, 493).


Title: From James Madison to Christopher Gore and William Pinkney, 10 May 1802 (Abstract)
From: Madison, James
To: Pinkney, William,Gore, Christopher

10 May 1802, Department of State. “Your Letter of february 17th. with the Documents annexed were duly received and laid before the President, who was pleased in consequence of your representation, to direct a Letter to be written to Mr. Cabot of which a Copy is enclosed. By Mr. Cabots answer, I find that he proposes to comply with your summons to resume the functions of assessor to your board, and on the terms explained to him. He will embark without delay, and will probably be the bearer of this Letter.”

   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—)., 2:473–74.

   JM to Cabot, 24 Apr. 1802.


Title: From James Madison to Richard O’Brien, 10 May 1802 (Abstract)
From: Madison, James
To: O’Brien, Richard

10 May 1802, Department of State. Has received O’Brien’s letters “down to that of . Several statements of your accounts are included in the reception, which will go for settlement to the Treasury Department.” O’Brien’s bills in favor of John Shaw were paid, and a recent bill for $200 drawn by his mother will be paid, but no other drafts should be made until the settlement is closed. Explains arrangements for negotiations with the pasha of Tripoli. Instructs him to keep the dey of Algiers in the “proper temper” during the crisis. “The President having appointed Mr. Cathcart to succeed you as consul at Algiers, you have permission to return to the United States … as soon as he shall be ready to take your place. You will be sensible of the obligation you will be under, to prepare the way for [Cathcart’s] favorable admission and successful exertions.” Any balances due from the U.S. at Algiers should be made known to Cathcart, “thro’ whom provision will be made for them.”

   Letterbook copy (DNA: RG 59, IC, vol. 1). 2 pp.

   Left blank in letterbook.

   For the bills drawn in favor of Capt. John Shaw of the George Washington, see O’Brien to JM, 1 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—)., 2:432–33). For the “bill of Mrs. Arundel, for Two hundred dollars, the annuity to which she is entitled out of her son Captain OBrian’s salary,” see Daniel Brent to Mark Langdon Hill, 13 May 1802, and JM to Gallatin, 13 July 1802 (DNA: RG 59, DL, vol. 14).


Title: From James Madison to Charles Pinckney, 10 May 1802 (Abstract)
From: Madison, James
To: Pinckney, Charles

10 May 1802, Department of State. “The documents herewith transmitted will explain the case of John Dunlop and others, american citizens, whose property has been taken from them, in addition to personal wrongs, under proceedings for which the Spanish Government is answerable. You will include it with other claims which you are instructed to urge on that Government. It is presumed that the reports made by the subordinate authorities concerned in those proceedings with the notarial paper now sent, will supply all the information necessary to a just decision. Should further testimony be required, it is intimated that it can be had.”

   Letterbook copy (DNA: RG 59, IM, vol. 6). 1 p. Enclosures not found.

   In the summer of 1801 John Dunlap arrived in New Orleans with a flatboat loaded with flour, which he subsequently shipped in the Good Hope of Boston, bound for Havana. The ship was captured by a Spanish brig and taken to Campeche, Mexico, where the crew was imprisoned and the ship and cargo sold. Dunlap protested the capture as illegal and claimed the value of the cargo and damages from Spain (case of the Good Hope [DNA: RG 76, Spain, Treaty of 1819, Allowed Claims, vol. 38]; James Ross to JM, 3 Mar. 1803, and enclosure [DNA: RG 76, Spain, Treaty of 1819, Misc. Records, ca. 1801–24]).


Title: To James Madison from John M. Forbes, 10 May 1802 (Abstract)
From: Forbes, John M.
To: Madison, James

10 May 1802, New York. Plans to embark for London on the ship Iris “on or before Sunday next.” Offers to carry dispatches to U.S. ministers in England or France.

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

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


Title: To James Madison from Thomas W. Fox, 10 May 1802 (Abstract)
From: Fox, Thomas W.
To: Madison, James

10 May 1802, Falmouth. Reports arrival of many American ships at Falmouth with cargoes of flour, most of which have been forwarded to Spain; a few have been forwarded to Le Havre. In England the markets are “abundantly supplied.” “It is said that English Ships with Flour, are not permitted to land their Cargoes in France. Freights and Seamen’s Wages are falling fast, and Trade is dull in England. The Wheat in the ground in this Neighbourhood looks very indifferent for want of rain.”

   RC (DNA: RG 59, CD, Falmouth, vol. 1). 1 p. Signed by Thomas W. Fox “for Rob: W. Fox.” Thomas W. Fox regularly acted as deputy for his brother Robert during the latter’s frequent trips to the country (Thomas W. Fox to Rufus King, 18 Jan. 1797, 2 July 1798, 18 July 1799 [ibid.]).

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


Title: To James Madison from John Gavino, 10 May 1802 (Abstract)
From: Gavino, John
To: Madison, James

10 May 1802, Gibraltar. No. 87. His last dispatch, no. 86, was prepared on 5 May “for this Conveyance of Capn. Baron who is detained by Contrary Wind.” Encloses translation of 13 Apr. letter in Italian just received from Consul Pulis at Malta and copy of paragraph from 7 May letter from Consul Simpson at Tangier. The case of arms sent by Rufus King for Tunis will be shipped by the Constellation, which sails 11 May.

   RC and enclosures (DNA: RG 59, CD, Gibraltar, vol. 2). RC 1 p.; docketed by Brent as received 30 June. Enclosures 2 pp.

   Joseph Pulis informed Gavino that the frigate Boston had left Malta to blockade Tripoli and that the brother of the pasha of Tripoli had arrived in Malta on 11 Apr. on his way to Bengasi in Tripoli. The two brothers, Pulis believed, had settled their differences, but the deposed pasha seemed to have “suspended proceeding” after being told of the American blockade.

   “I have learnt that the two frigates so long building at the Port of Larach have at last been Launchd which please acquaint Comedor Truxton, or the Capns. of any of our frigates [that] may be with you.”

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


Title: To James Madison from Edward Jones, 10 May 1802 (Abstract)
From: Jones, Edward
To: Madison, James

10 May 1802, Pointe-à-Pitre. “I take the earliest Opportunity to inform you of the arrival of the French Squadron at this Port on the 6th inst. with 4 or 5000 troops, and that peaceable possession was taken of this Town and the neighbouring Forts the Same Evening. Genl. Richpanse with most of the Squadron has gone down to Basseterre, where it is beleived Resistance will be made by the Blacks. An Embargo was laid immediately on the arrival of the Fleet but is now off.” Encloses a copy of his letter to the prefect “on his refusing to receive me as Coml. Agent of the U. States.” The prefect then sent for him, and “after reading the 10th. Article of the Treaty … he observed it was not intended to admit Agents in the Colonies, at the Same time he assured me of his friendly disposition towards our Commerce—tho’ in a Short time it will be restricted as before the Revolution.” Basseterre is to be the only port of entry for Guadeloupe. Will forward the regulations as soon as they are published along with other news.

   RC and enclosure (DNA: RG 59, CD, Guadeloupe, vol. 1). RC 2 pp. Enclosure is a copy of Jones to Daniel Lescallier, prefect at Guadeloupe, dated 8 May 1802 (1 p.; docketed by Brent).

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


Title: To James Madison from William Kirkpatrick, 10 May 1802 (Abstract)
From: Kirkpatrick, William
To: Madison, James

10 May 1802, Málaga. Reports arrival of Philadelphia, Essex, and Constellation since his dispatch of 22 Apr.; “they all proceeded on the 3 Instant for Gibraltar, where I have already advice of their arrival.” Encloses a royal order [not found] granting premiums on certain items exported from Spain to foreign ports in Spanish vessels. Another royal order has been issued which removes the duty on pitch and tar imported into Spain in Spanish vessels. Encloses a note, a copy of which he has forwarded to Charles Pinckney, describing “further discriminations made by this Government in favor of its own Navigation.”

   RC and enclosure (DNA: RG 59, CD, Málaga, vol. 1). RC 2 pp.; docketed by Brent. Postmarked Boston, 9 July. For surviving enclosure, see n. 1.

   Kirkpatrick enclosed a statement dated 2 Apr. 1802 (3 pp.) in which he argued that “the Spanish Government has … imposed such extravagant duties on the importation of all the Productions of the West Indies by foreign Vessels, as to amount to a total Prohibition.”

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


Title: To James Madison from Richard Söderström, 10 May 1802 (Abstract)
From: Söderström, Richard
To: Madison, James

10 May 1802, Philadelphia. Acknowledges JM’s letter of 6 May about the case of the Matilda, captured by the French near St. Bartholomew, and states that “the last answer I had from His Swedish Majesty’s Minister for Foreign Affairs on this Subject, is, that in consequence of the War between Sweden & England last Year the examination which His Swedish Majesty directed to be made, had been delayed, and of course could not before the Island was restored to Sweden be properly done, and for these reasons the decision of His Majesty had been postponed.” Will write again on the subject and communicate the answer to JM.

   RC (DNA: RG 59, NFC, vol. 1). 1 p. In a clerk’s hand, signed by Söderström.

   Daniel Brent wrote to Warner and Leit, 14 May 1802 (DNA: RG 59, DL, vol. 14), to inform them of the contents of Söderström’s letter.


Title: To James Madison from Israel Whelen, 10 May 1802 (Abstract)
From: Whelen, Israel
To: Madison, James

10 May 1802, Philadelphia. Encloses invoice of articles refused at Algiers and brought back by Captain Shaw on the George Washington. “Captn. Shaw understood the reason assigned was, that it was a considerable time since they had been ordered and that they were not wanted at present: probably Mr. OBrien has written to you on the subject and explained it.” Has checked the orders he received to procure the cargo for the first voyage of the George Washington to Algiers in 1800 and found that the list of articles required is dated 2 Apr. 1799, before his appointment as purveyor; he received the list in late June or early July 1800. “In the list of Articles which I understood were for the Bacri’s, there are references to samples No 1 @ 5 inclusive, to the amount of $10.000; I was refered to Messrs. Gillaspy and Strong for an explanation, they having been desired to procure them; all that could be obtained was only to amount of $1307:52, before the sailing of the Vessel; those now returned were procured by them afterwards, to go by the next vessel agreeably to directions from Mr. Marshall.… I am informed they are articles not easily injured, but that the demand for them is very small, and that they are greatly fallen in price, but it may be of no service to keep them on hand; will you be pleased to direct what shall be done with them.”

   RC and enclosure (DNA: RG 59, ML); letterbook copy (DNA: RG 45, Purveyor’s Office, Philadelphia). RC 1 p. Enclosure is an “Invoice of sundries shipp’d on Account of the United States on board the Ship George Washington,” 14 July 1801 (1 p.), which composed part of the inventory shipped in 1801 (see Whelen to JM, 14 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—)., 1:412–13 and nn.). The articles listed were gum benzoin and other chemical products.

   O’Brien informed JM he was returning goods the purveyor had sent by mistake (O’Brien to JM, 25 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—)., 2:272).

   In a letter of 14 May 1802 Daniel Brent replied that JM wished Whelen to sell the articles in question “on the best terms that can be obtained” (DNA: RG 45, Subject File).


Title: To James Madison from Colin Auld, 10 May 1802
From: Auld, Colin
To: Madison, James

Letter not found. 10 May 1802. Mentioned in Daniel Brent to Auld, 14 May 1802 (DNA: RG 59, DL, vol. 14). Expresses concern over the appointment of a successor to Henry Potter, a judge of the U.S. Circuit Court for the Fifth Circuit. Brent replied that a commission for Edward Harris of North Carolina had been made out and sent to the president in Virginia, making it probable that the new judge would receive the commission in time to “take his seat on the Bench by the first of June next.”


Title: From James Madison to Thomas McKean, 11 May 1802
From: Madison, James
To: McKean, Thomas

SirDepartment of State May 11. 1802
The Minister of his Catholic Majesty, has complained to this Department of an indignity offered to his sovereign during a late riot in Philadelphia, in which besides certain violences committed on a number of Spanish sailors, the flag of a Spanish ship was torn down and destroyed with the most aggravating insults. A copy of his representation on the subject, is herewith enclosed. As the transaction is within the cognizance of the State authority, I have to request that you will cause the proper proceedings to be instituted for investigating its merits, and for doing what may be right in the case. I have the honor to be &ca.
James Madison.

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

   See Yrujo to JM, 3 May 1802.


Title: From James Madison to Charles Pinckney, 11 May 1802
From: Madison, James
To: Pinckney, Charles

Sir,Department of State, May 11th. 1802.
My last was of the 30th of March. We are still without a line from you since your arrival at Madrid, and feel an increasing solicitude to hear from you on the subject of Louisiana. The latest information from Paris has confirmed the fact that it was ceded by a Treaty prior to that of March 1801; and notwithstanding the virtual denial of the Cession in the early conversations between Mr Livingston and the Minister of Foreign relations, a refusal of any explanations at present, seems to admit that the Cession has taken place. Still there are chances of obtaining a reversal of the transaction. The repugnance of the United States to it is and will be pressed in a manner that cannot be without some effect. It is known that most of the French statesmen best informed on the subject, disapprove of it. The pecuniary difficulties of the French Government must also be felt as a check; whilst the prospect of a protracted and expensive war in St. Domingo must form a very powerful obstacle to the execution of the project. The Counsels of England appear to have been torpid on this occasion. Whether it proceed from an unwillingness to risk a fresh altercation with France, or from a hope that such a neighbourhood between France and the United States would lead to collisions which might be turned to her advantage, is more than I can decide. The latter consideration might justly have great weight with her, but as her eyes may be more readily turned to the immediate and certain purposes to be answered to her rival, it is to be presumed, that the policy of England will contribute to thwart the acquisition. What the intentions of Spain may be, we wait to learn from you. Verbal information from inofficial sources has led us to infer that she disowns the instrument of Cession, and will vigorously oppose it. Should the Cession actually fail from this or any other cause, and Spain retain New Orleans and the Floridas, I repeat to you the wish of the President that every effort and address be employed to obtain the arrangement by which the Territory on the East side of the Mississippi including New Orleans may be ceded to the United States, and the Mississippi made a common boundary, with a common use of its navigation, for them and Spain. The inducements to be held out to Spain, were intimated in your original instructions on this point. I am charged by the President now to add, that you may not only receive and transmit a proposition of guaranty of her territory beyond the Mississippi, as a condition of her ceding to the United States the Territory including New Orleans on this side, but in case it be necessary may make the proposition yourself, in the forms required by our Constitution. You will infer from this enlargement of your authority, how much importance is attached to the object in question, as securing a precious acquisition to the United States, as well as a natural and quiet boundary with Spain; and will derive from this consideration additional motives to discharge with a prudent zeal the task committed to you. With sentiments of Great respect &c. &c.
James Madison

   Letterbook copy (DNA: RG 59, IM, vol. 6).

   Since his letter of 30 Mar., JM had written to Pinckney twice about spoliation cases (JM to Pinckney, 8 Apr. and 10 May 1802).


Title: To James Madison from Griffith Evans, 11 May 1802 (Abstract)
From: Evans, Griffith
To: Madison, James

11 May 1802, Office of the Board, Philadelphia. Acknowledges JM’s letter of 7 May informing him of the abolition of the Board of Commissioners under article 6 of the Jay treaty and of the consequent termination of his appointment. Has received a “similar intimation” from Thornton and will dispose of the papers as directed.

   Letterbook copy (CSmH: Philadelphia Commission Letterbook 1). 1 p.


Title: From James Madison to Alexander J. Dallas, 12 May 1802
From: Madison, James
To: Dallas, Alexander J.

SirDepartment of State May 12th. 1802.
The Minister of his Catholic Majesty has complained to this Department of certain outrages committed on Spanish subjects and a spanish flag in the harbor of Philadelphia. The copy of his representation inclosed will explain the particulars of the transaction. As it is within the cognizance of the State authority, Governor McKean has been requested to cause the proper proceedings to be instituted for doing in it whatever the law may warrant. In order to give the more satisfaction to the spanish Government, by manifesting the interest which Government of the United States take in the result, it is thought proper that you should afford your aid in the prosecution, and I have accordingly to make that request of you. With great respect &ca.
James Madison.

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

   See Yrujo to JM, 3 May 1802.


Title: From James Madison to William Jarvis, 12 May 1802
From: Madison, James
To: Jarvis, William

Sir,Washington, Department of State, May 12th 1802.
The President of the United Insurance Company, of New York, has represented to this Department, that in an important suit to which they are Party, in the Supreme Court of the State, essential facts are in question which can not otherwise be established than by the Minister of foreign Affairs to her faithful Majesty; for taking which a Commission will be forwarded. To this representation, which will be more fully communicated by themselves, a request is added, that it may be recommended to you to afford the Commission whatever facility may be in your power. As the object in this case is simply to educe truth, and promote Justice, it is hoped that the dignity of the Witness may not be an insuperable bar to the wishes of the party, and that your Countenance of the application, which You will of course manage with as much delicacy as possible, will not be construed into disrespect either to others or to yourself. I am, Sir, very respectfully, Your Mo: Obedt Servant,
James Madison

   RC (MiD: Rare Books Collection). In Brent’s hand, signed by JM.

   Nicholas Low to JM, 6 May 1802.

   JM sent a nearly identical letter to Charles Pinckney in which the preceding section reads: “… which cannot otherwise be established than by the testimony of several persons at Madrid, subjects of his Catholic Majesty” (JM to Pinckney, 12 May 1802 [DNA: RG 59, IM, vol. 6]).


Title: From James Madison to Carlos Martínez de Yrujo, 12 May 1802
From: Madison, James
To: Yrujo, Carlos Martínez de

Department of State May 12. 1802.
Mr. Madison has the Honor to inform the Chevalier d’Yrujo that no time has been lost in taking into Consideration the subject of his Note of the 3d. instant; and that the Governor of Pennsylvania has been requested to cause to be instituted the proper proceedings for ascertaining legally the offences which have been committed against the subjects of his Catholic Majesty, and for bringing the offenders to justice. The Chevalier d’Yrujo will see in this instant interposition, on the part of the United States, a manifestation of their respect for his Catholic Majesty; and Mr. Madison equally flatters himself that the result will be as satisfactory, as the course taken will have been regular and fair.
James Madison.

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


Title: To James Madison from Robert R. Livingston, 12 May 1802
From: Livingston, Robert R.
To: Madison, James

No. 13.
Dear SirParis 12th. May 1802
I have only to add to my last that as I conjectured the Consul has rejected the continuance of his term for ten yrs Upon the ground of his having recd his office from the people they only can add to it. The Council of State have in consequence referred it to the people to determine not whether he shall be consul for ten years but for life. This business creates not the least sensation here Nor would it if by a decree of the Senate he was declared emperor of the Gauls. The people are perfectly dead to political objects & alive only to pleasure & the means of procuring it. The mode in which the sense of the people is to be taken (being similar to that by which the constitution was adopted) will insure its success even if any opposition—which is not probable—might otherwise have arisen.
The next step (& indeed I now think a necessary one) will be to fix the succession. Here there is some difficulty. Joseph Bonaparte the elder brother is very unambitious — Lucian the 2d will hardly stick at any thing & it is said that his elder brother is fearful of being the only obstacle to his succession. The Consul wishes Louis who has married Madam Bonaparte[’s] daughter who is now pregnant. Should she have a son reasons which I do not explain will if possible point the succession to him. Be however prepared to see a new dinasti esstablished in the present family & the old forms as much as possible restored. A house of lords or at least a pe[e]rage would be esstablished were it not for the difficulty of giving the wealth necessary to its support. I still however believe that Strings & Stars will eer long be found among the esstablishments of this Court. I have yet recd. no letters from you but those of Decr last. Mr. Sumter having determined to resign for reasons which I presume he will explain to the president I trust that the system of appointing Secretaries to the Legation in which there are obvious inconveniences will be laid asside & that I may be permitted to name one who shall be subject to my particular regulations I shall make no appointment in my own family nor any which the president shd not fully approve. I have the honor to be dear Sir with the highest essteem Your Most Obt &c

   Draft (NHi: Livingston Papers); partial Tr (DLC: Jefferson Papers); letterbook copy (NHi: Livingston Papers, vol. 1). RC not found but acknowledged in JM to Livingston, 15 Oct. 1802 (DNA: RG 59, IM, vol. 6). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded. For partial Tr, see n. 2.

   In May 1802 Napoleon established the Legion of Honor, a new nobility based on loyalty to the first consul (Louis Madelin, The Consulate and the Empire, 1789–1809 [London, 1934], pp. 146–48).

   Partial Tr consists of the remainder of the letter, except for the complimentary close. It is docketed on the verso by Brent, who sent it to Jefferson (see Brent to JM, 7 Sept. 1802).

   The resignation of Thomas Sumter, Jr., as secretary of legation in Paris resulted from a dispute with Livingston over the extent of the secretary’s duties. Sumter insisted that his services would not be “dictated by the discretion of the Minister” and that Jefferson “could not have meant to offer me the situation of a drudge.” Livingston complained that it was impossible to work with a man “who splits hairs about the extent of his duties, who weighs in the nicest balance, what is public & what a private correspondence, & who treats his principal with rudeness” (Sumter to Livingston, 27 Apr. 1802, Livingston to Sumter, 27 Apr. 1802, and Livingston to Jefferson, 4 May 1802 [DLC: Jefferson Papers]; Sumter to JM, 18 May 1802).


Title: To James Madison from James Monroe, 13 May 1802
From: Monroe, James
To: Madison, James

Dear SirRichmond May 13. 1802.
This will be presented you by Mr. Gauvain who with his Lady have made us a visit since I wrote you last. He is the Gentn. of whom I wrote you & whose trip I wished to delay a week on account of particular circumstances, of a domestic nature. He was in my family near a year, or indeed rather more, after the appointment of Mr. Skipwith to the consulate. He is amiable, well informed, perfectly upright, and attached to our country. His Lady is also very estimable for her connections in France & her own merit. Two of his sisters are married to Americans, one to Mr. Taney of Maryld., the other to Mr. Vans of Boston, the latter formerly appointed consul & I believe removed by Mr. Adams, tho of that I am not certain. This gentn. passing thro’ washington has express’d a wish to be personally to you, to promote which object I have taken the liberty to give him this letter of introduction. Our best respects to Mrs. Madison, sincerely I am Dear Sir yours
Jas. Monroe

   RC (DLC).

   William Vans was appointed U.S. consul at Morlaix, France, in December 1794. His commission was revoked by John Adams in 1798 because of Vans’s part ownership of a French privateer. Adams subsequently nominated William Foster, Jr., for the post (Senate Exec. ProceedingsJournal of the Executive Proceedings of the Senate of the United States of America (3 vols.; Washington, 1828)., 1:165; Timothy Pickering to Vans, 15 Dec. 1798, and William Vans Murray to Pickering, 15 July 1799, Frederick S. Allis, Jr., ed., The Timothy Pickering Papers [MHi microfilm ed.; 69 reels; Boston, 1966], reels 10, 25; PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:397).

   Monroe omitted a word here.


Title: To James Madison from James Simpson, 13 May 1802 (Abstract)
From: Simpson, James
To: Madison, James

13 May 1802, Tangier. No. 39. Forwards his dispatch no. 38 [19 Mar. 1802]. Reports that the emperor’s plan to send wheat to Tripoli has been suspended but has not been entirely given up, despite his and the Swedish agent’s efforts. Relays intelligence received 12 May that on 6 May the governor of Rabat had been ordered to send a schooner to Dar el Beida to load wheat for Tripoli and that a British brig had been chartered at Gibraltar for the same voyage. “Frequent representations on the distress of the people in Tripoly for Grain, I know have been made to Muley Soliman—whether his well known Charitable disposition towards all Mussulmen in want, may have induced him to endeavour at sending these supplys of Wheat (for he gives it gratis) or if it be done as an aid in their present Contest, it is impossible for me to say.” His opinion is that “if Muley Soliman could give effectual aid to Tripoly in its present Contest for obtaining Subsidies from Sweden and the United States, he would do it.” And should peace be settled with Tripoli on other terms than those of the former treaty, believes “this Government would be very ready to make a fresh attempt to get quit of that of 1786 with the United States.” Has lodged “ample information on all these subjects” at Gibraltar for Commodore Truxtun and also advised the captains of the frigates “on this Station.” The two frigates built at Rabat were launched on 2 May; “I am assured they are pierced for 26 Guns each on the Main deck; if so they must be much crowded, for no Ship of a suitable length, and draft of Water for that force, can enter any of the Ports of this Empire.” Has heard nothing yet of the purchase of the small cruisers the emperor was said to have intended to station at Tangier. Has not yet closed on the purchase of the house but holds firm at his offered price of 4,000 ducats. The emperor, having had proof that a “very powerfull Tribe” living between Fès and the Atlas Mountains “had made offers of their assistance to two different Princes of the Royal Family towards dethroning him,… attacked their Villages with great Slaughter & very trifling loss to his Army.” By all accounts, the plague has spread eastward and reached Oran.

   RC (DNA: RG 59, CD, Tangier, vol. 1). 3 pp.; docketed by Brent as received 19 July. Extract printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 2:153. Jefferson communicated an extract to Congress with his annual message on 15 Dec. 1802 (printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:465).

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


Title: To James Madison from Elias Vander Horst, 13 May 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

13 May 1802, Bristol. Transmits a copy of his letter of 3 May. “In some of my former Letters I mentioned, that from the great extent of Sea-Coast within my Consular District, I had found it necessary to appoint five different Agents to act for me at the principal Ports.” Lists them and requests that five sets of U.S. laws be sent “to guide them in the execution of the duties of their Office.” Observes that the weather continues to be favorable for agriculture “though rather too dry at present.” Encloses newspapers and a London price current.

   RC (DNA: RG 59, CD, Bristol, vol. 2). 2 pp. First page written at the bottom of a copy of Vander Horst’s 3 May dispatch. Enclosures not found.

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


Title: From James Madison to [Levi Lincoln?], 14 May 1802
From: Madison, James
To: Lincoln, Levi

Dear SirMay 14. 1802
Will you be so good as to forward me Govr. St. Clair’s papers by the Mail as soon as the two Secretaries Dearborn & Smith with yourself shall have examined them. I make the request on the idea that they can be spared in time to be examined by me during my absence. I expect to return to this place about the 1st. of June, and to be four days on my journey back. The mail leaves this every tuesday & friday evening before 7 OClock for Orange Court House, to which place I am to be addressed. Yrs sincerely
James Madison

   RC (owned by Marshall B. Coyne, Washington, D.C., 1992). The addressee is not indicated but was probably Lincoln, since Albert Gallatin had already written a memorandum on the St. Clair case on 30 Apr. before leaving for New York. Lincoln wrote his report on the case on 25 May; he noted in his letter to Jefferson of 9 June that he had then delivered the papers to Robert Smith (Cunningham, Process of Government under Jefferson, pp. 51–54; Lincoln to Jefferson, 9 June 1802, Carter, Territorial Papers, Northwest, 3:227).

   JM and his family left Washington for a two-week stay at Montpelier on 14 May (Daniel Brent to James Ross, 14 May 1802 [DNA: RG 59, DL, vol. 14]).


Title: To James Madison from William C. C. Claiborne, 14 May 1802 (Abstract)
From: Claiborne, William C. C.
To: Madison, James

14 May 1802, “Near Natchez.” “The Legislature of this Territory met in Session on the 3rd. Instant and on the day following I made to the two Houses a Communication of which the enclosed is a Copy.” The legislature adjourned 13 May after making “several very wholesome Laws, amongst which is an Act to establish a College in the Mississippi Territory.… This College shall bear the name of ‘Jefferson College.’” Washington, a town near Natchez that is “handsomely situated, well supplied with excellent Spring water, and said to be the healthiest Spot in the District,” has been fixed by law as the site of future sessions of the legislature. During the last session, the legislature elected Thomas M. Green, “a respectable and wealthy Farmer, warmly attached to the United States,” to replace Narsworthy Hunter as the territory’s delegate in Congress.

   Letterbook copy and copy of enclosure (Ms-Ar: Claiborne Executive Journal). Letterbook copy 2 pp. Printed in Rowland, Claiborne Letter BooksDunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917)., 1:107–8. Enclosure 5 pp. (see n. 1).

   In his address to the territorial legislature, Claiborne suggested amendments to the law requiring the publication of the laws and journals of the legislature and the act regulating the judiciary. He proposed a general health law “to prevent the introduction of the Small-pox, or other infectious Diseases,” as well as a law establishing a “Seminary of Learning” (printed ibid., 1:97–101).

   Thomas Marston Green (1758–1813), son of Col. Thomas Green and brother of Everard Green, served as the Mississippi Territory’s delegate to Congress from December 1802 to March 1803 (William Buckner McGroarty, “Diary of Captain Philip Buckner,” WMQWilliam and Mary Quarterly., 2d ser., 6 [1926]: 203–4 n. 55).


Title: To James Madison from Alexander J. Dallas, 15 May 1802
From: Dallas, Alexander J.
To: Madison, James

The United States
}
Circt. Ct. for the East Dist. of Penna.—May Session 1802 Larceny on the High seas. Trial and Conviction 14 May 1802

vs

David Jackson

Sir
Phila. 15 May 1802

David Jackson, a boy of fifteen years of age, was yesterday convicted of Larceny in the Circuit Court. The Jury have requested me to transmit his petition, and their recommendation, for a Pardon.
He is a poor Lad, without family, or friends, in this part of the Continent. The Captain, with whom he sailed, and who prosecuted for the offence, does not give him a good character; but if the President shall deem it proper to grant a Pardon, I will endeavour to prevail on the Inspectors of the Prison to exert themselves, in obtaining a Master, with whom there will be some chance of his reformation. I am, with the sincerest esteem, Sir, Yr. mo. obedt Servt.
A. J. Dallas

   RC and enclosures (DNA: RG 59, Petitions for Pardon, no. 48). RC docketed by Brent, with his note: “encloses a Petition of David Jackson, convicted of larceny, for a pardon—which was granted June 1st. 1802.” For enclosures, see n. 1.

   Dallas enclosed Jackson’s petition to Jefferson (1 p.) for pardon from the conviction of larceny for stealing two pairs of shoes valued at four dollars. On the verso is the jury’s recommendation for mercy, 14 May 1802 (1 p.).

   Daniel Brent sent this letter directly to Jefferson at Monticello (Brent to Jefferson, 21 May 1802 [DLC: Jefferson Papers]; Brent to Dallas, 21 May 1802 [DNA: RG 59, DL, vol. 14]); the president then sent it on to JM with his determination to pardon Jackson (Jefferson to JM, 24 May 1802).


Title: To James Madison from Elias Vander Horst, 15 May 1802 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

15 May 1802, Bristol. Reports the case of Mason Ryan, an American seaman discharged from the Bristol infirmary, for whom he booked passage on the ship Alexander, Capt. Ebenezer McIntosh. The captain refused to accept the infirm sailor, preferring to pay the $30 penalty once in the U.S. “Having no power to compel him either to receive the Man or to pay the penalty,” reports the case to JM so that steps can be taken to deter such behavior in future. “If this benevolent & necessary Law is to be thus disregarded it must … leave our distressed Seamen often to perish in foreign Countries, as the allowance granted to them in case of sickness is by no means adequate to the expences.” Trusts that a remedy for “this evil” will soon be found; otherwise, “it must in it’s Tendency be highly injurious to our Navigation & Commerce.” The mayor of Bristol would have assisted him in the case but lacked the power. Encloses local newspapers and a London price current.

   RC (DNA: RG 59, CD, Bristol, vol. 2). 2 pp.; docketed by Brent as received 9 Aug. Enclosures not found.

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


Title: To James Madison from George Stacey, 16 May 1802 (Abstract)
From: Stacey, George
To: Madison, James

16 May 1802, Chester. Informs JM of his arrival at Chester from Ile de France. “Mr. Buchanan having been appointed Agent for the United States at that place, I conceived it a duty I owed to my family to quit the Colony by the earliest occasion, and accordingly advised that Government of my intention to resign my public functions, as you will see by the Copy of a Letter from the Administrators General of the Colony to me.” Reports that news of European peace reached Ile de France from the government of the Cape of Good Hope several days before his departure, “which put a stop to the expedition of privateers.” Offers to send JM “every intelligence I can, which may be useful to our Country,” and notes that JM can address him “to care of Messrs. Davy Roberts & Co. Philadelphia.”

   RC and enclosure (DNA: RG 59, CD, Port Louis, vol. 1). RC 3 pp.; docketed by Brent. Misfiled at 1803. Enclosure is a copy of a letter from Governor-General Magallon and Intendant Chanvalon to Stacey, 4 Pluviôse an X (14 Jan. 1802) (3 pp.; in French), expressing satisfaction with the latter’s conduct in office.

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


Title: To James Madison from James Blake, 17 May 1802 (Abstract)
From: Blake, James
To: Madison, James

17 May 1802, Baltimore. “As it is probable, it will not be in my power to go to France, as soon as I expected, on account of the unsettled state of my affairs in this country—I beg leave to recommend my brother, D. T. Blake, Attorney at law, as a fit person to execute the duties of Vice-Commercial Agent in my department at Antwerp. He is a man of a fair reputation, and respectable talents, but of a sickly habit of body, which would induce him to change the climate for some time.”

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

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


Title: To James Madison from Rufus King, 17 May 1802 (Abstract)
From: King, Rufus
To: Madison, James

17 May 1802, London. No. 67. Reports strong support for the definitive treaty in Parliament despite Lord Grenville’s speech against it. Will send a copy of the debates as soon as published. Encloses a copy of the convention and additional articles between Great Britain and Russia, together with the acts of accession of Denmark and Sweden. The article concerning trade with the colonies and Lord Grenville’s speech on the Russian convention promote “as free a Trade between the Colonies and the North of Europe as may be carried on between them and the United States.” This is a departure from the present system and may in time eliminate the “discrimination in favour of the direct Trade between the United States and Great Britain sanctioned by the last Treaty between Great Britain and Russia.” Also encloses a copy of the law imposing duties upon imports and exports and vessel tonnage. Eaton reports from Tunis that the gifts pleased the bey; Gavino has received the arms prepared by Mortimer and Company.

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 3 pp.; marked duplicate; in a clerk’s hand, docketed by Brent as received 19 Aug. Printed in King, Life and Correspondence of Rufus King, 4:127. Enclosures not found.

   Part of the House of Commons debate over the definitive treaty was published on 26 and 27 July 1802 in the National Intelligencer.

   The additional articles to the convention between Russia and Great Britain were signed 20 Oct. 1801. Both the convention and articles were ratified by Great Britain on 5 May 1802 (Clive Parry and Charity Hopkins, eds., An Index of British Treaties, 1101–1968 [3 vols.; London, 1970], 2:136, 137).

   The previous convention between the two countries was agreed to in the summer of 1799 (ibid., 2:134).


Title: To James Madison from Daniel Brent, 18 May 1802
From: Brent, Daniel
To: Madison, James

Sir,Washington, May 18th 1802.
I shall not trouble you with any of the letters that have been received for you since your departure, as they are generally unimportant, and not one of them requires your own attention. No private or foreign ones have been received. Mr Dallas has furnished the Copy of the proceedings of the District Court of Pennsylvania, in the case of the Magicienne, and I have sent it to the Secretary of the Treasury’s Office, as you directed. The printing of the laws goes on very well; and no attention, on the part of your Office, will be wanting, to accelerate a completion of the work. Two Clerks, of other Offices, who write very good hands, are employed every after-noon on our Records, and I flatter myself that they will nearly bring them up by your Return, notwithstanding their being so much in arrear. Most of us, at the same time, are closely occupied, in arranging the papers &ca belonging to the Office. A duplicate Copy of the late Convention with England goes to the President to day, to be ratified by him. The public prints accompanying this contain all the news we have. I have the Honor to be, with true Attachment, Sir, Your Obedt. & faithful servt.
Danl Brent.

   RC (DLC). Docketed by JM.


Title: To James Madison from Griffith Evans, 18 May 1802 (Abstract)
From: Evans, Griffith
To: Madison, James

18 May 1802, Philadelphia. “In addition to the Books & papers of the late Board of Commissioners there remains in the office some Articles of furniture the joint property of the two Nations.… I conceive it to be most proper to solicit advice of the manner in which I ought to dispose of them. Probably sending them to Auction & crediting my Accot of disbursements with the proceeds may answer as well as any other.”

   Letterbook copy (CSmH: Philadelphia Commission Letterbook 1). 1 p.


Title: To James Madison from Henry Molier, 19 May 1802 (Abstract)
From: Molier, Henry
To: Madison, James

19 May 1802, Baltimore. Acknowledges receipt of JM’s letter of 26 Apr. [not found] enclosing his commission and instructions as U.S. consul at La Coruña. Encloses his bond, duly executed. “I am doing my best endeavour to close some concerns I have, yet, pending here and will not lose a moment to go out to the place of my destination.”

   RC (DNA: RG 59, CD, Cadiz, vol. 1). 1 p. Enclosure not found. For Molier, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:389 and n.

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


Title: To James Madison from Israel Smith, 19 May 1802 (Abstract)
From: Smith, Israel
To: Madison, James

19 May 1802, New York. Introduces the bearer, Albert Stevens, a lawyer who has lived in Benson, Vermont, for several years and wishes to resettle in Washington, D.C.

   RC (DLC). 1 p.


Title: To James Madison from Robert R. Livingston, 20 May 1802
From: Livingston, Robert R.
To: Madison, James

No. 14.
Dear SirParis 20th May 1802
I have just been favoured with yours of the 16h of March the letters that I have heretofore sent together with copies of my different notes to the Minister on the subject of our claims have regularly apprized you of the state of our affairs here. I am sorrey to say that the prospects of payment are yet very distant & that the construction given to the treaty on the subject of indemnities & which is at least rendered plausible by the terms will probably be insisted on—but I have had no answer to my last note on that subject. Believing that the wants of France in the Islands & the impossibility of relieving them from here rendered this the critical moment for pushing our claims I have ventured to put in the enclosed note. You will probably find the expressions pretty strong but Sir I am satisfied that it is upon our own energy & not upon the affections or the justice of this nation that we must rely, neither our form of government or our administration of it are such as are calculated to unite us with that of this country which differs from us as far as despotizm does from freedom—Œconomy from profusion simplicity from magnificence—& strict morals from a general corruption of manners.
By shewing that we consider ourselves as the first people in our own hemisphere & that we fear no rival there we may command respect & as far as our aid is needed justice if however a quarrel should be sought with us (which however I think improbable) it is not upon demands founded in the strictest justice that they will seek the pretence. You are apprized that on learning of the treatment our vessels had recd. at Hispaniola I put in the note of which a copy had been sent you. I afterwards recd. a letter from Mr. Lear of 5h. March in which he was so obliging as to give me a very detailed account of what had passed there & took notice of their compeling the American shippers to part with their cargoes in the way I had heard—but as he did it without any terms of disapprobation & as your letter takes no notice of the transaction nor affords me any instructions on so interesting a subject I am some what at a loss how to act upon the occasion but my own feelings tell me that to pass it over without attention will be to invite a renual of violences upon our commerce & that if it is to be noticed this is the moment to do it—because they at present stand most in need of our aid. I have ventured to make it a part of the note sent in this day & the rather as I forsee that great clamours will be excited on this subject in America & that it may be useful to meet them by shewing that it has not been unattended to. Mr. Lears letter shewing in strong terms the good faith of our government wh. respect to St Domingo exemplifyed in the instructions you had given him & which he recites I thought it best to let the Minister see the letter which I did & at the same time informed the first consul verbealy of its contents.
I have stated to you in my last the only cases in which I had recd comps. of the decision of the council of prizes no answer to my last note on that subject has been recd. The rule here in acquiting is to give no damages to load the vessel with all the charges & to restore her in the state she is. You have a copy of my note on that subject to the Minister. I submit it to you if this is the case whether you should not adopt the same rule & whether the expences employed on the Berceau shd. not make charges against the government. I have heard nothing here relative to a claim for the Insurgent & I am inclined to think it has been set up to afford a pretence to retain the money that will by your promise go into Pichons hands & at the same time to leave open the claims of individuals under the treaty agt us. You will judge how far it would be proper if you give him the money to explify [sic] every particular claim & to take a discharge as to such claim. Tho I must own that I should have prefered retaining it as a kind of security for payments here at least till some specific plan had been chalked out for their discharge for in fact it wd have gone far to have satisfied our demands against this government for captures & condemnations because the greater part of these will be recoverable from the individual or satisfied by the mere restitution of the vessels & cargoes. As you have however determined otherwise I have tho’t it best to derive the merrit you intended from it, & have accordingly so mentioned it in the enclosed note.
I yesterday called on the Minister & had a long conversation with him on the subject of our demands in which all I could get from him was an assurance that it was under consideration & I have therefore determined to bring him to something descisive by a note this he will be compelled to answer besides that it will fall under the consuls eye. The same conduct was held with respect to Luissania he would not acknowledge that the government had yet formed any specific plan with respect to it or that any troops were going out—but assured me in general terms that nothing would be done that should give us any just ground of complaint on the contrary their vicinity would promote our friendship. I will not trouble you with the answers that obviously presented to this reasoning it terminated however as all my conversations on this subject have done in nothing. I shall wait a few days in hopes of hearing from you after having recd a copy of my first note when I shall act agreeably to yr instructions or if you afford me none send in a second in which I shall press for a communication of the treaty with Spain which however I am in hopes you may receive thro Mr. Pinkney. I believe that for the present the armament designed for Luissiania will be sent to Hispaniola about which I find that much anxiety is entertained here. The Italian army as I informed you will embark (as is said) for America & in this case troops may be spared to send to Florida. It is not however clear that a project is not in agitation for the divission of the turkish empire in which case they will be destined to that object. The grounds of suspicion arise—First from the acquiessence of the two Emperors & Prusia in the transactions at Lyons & this even before the signature of the definitive treaty 2d From the long conferences which have latly taken place between the consul & the Russian Minister who he personally dislikes & who has hitherto been very little satisfied with any thing that passed at Court—& 3d from a proposed personal interview between the Emperor of Russia & the King of Prusia. These however are still mere conjectures since I can not find from the oldest & most vigilent of the foreign Ministers here that they place their suspicions upon any other grounds than those I have mentioned. In fact this court is at present the most impenetrable & the least accessible in the world, because there is in fact no council & no ministers. The first Consul acts entirely for himself no one about him has any personal consequence or consideration. Nothing is proposed but by himself, his will is never opposed & if any consultations are held they only extend to details relative to matters already resolved. He is a most astonishing man his conceptions are rapid a[s] lightening & the act almost accompanies the conception. I hear from America that great pains has been taken to represent me as not acceptable to this court—the contrarey is however the truth I have every reason to think that I share a portion of the Consuls essteem this I learn from several of my friends among his ministers & those of foreign nations. I find myself upon every occasion treated as the ministers of the highest rank & most in favor. But what I consider as the surest criterion is the attention of the courtiers which has for some time past been very particular with respect to me. And the facilities I find in the transaction of business while those of other powers who like us have much to demand with little power to enforce their demands are unable to get the slightest answers to their notes. I own however that on my first arrival & till I had formed some connections here & had time to do away impressions which arose from a belief that I was the agent of a violent democracy that would be dangerous to the views of the high⟨er⟩ powers here gave me some reason to think that I was not the minister they would have wished & if I remember right I informed you of this as I shall do if I find any change in their sentiments which is not improbable when they see my importunity on subjects that can not be pleasing to them. I shall be at no loss to discover the smallest change the little courtiers have eagle eyes & their treatment of you is an unerring thermometer.
I think it as important for a government to be well informed on this head as on any other because favors are sometimes granted or refused rather to the man than to his government—& as I have determined that my stay here shall not be long I can have no wish to deceive you or maintain an interest here by the smallest sacrafices of what I think my duty requires. It will be proper for you to know that this is no longer a republic—That the people & above all the philosophers have not the smallest influence in it—That it is the government of one man whose will is the law—Whose views are boundless & who has the means of carrying into effect in every part of Europe England excepted whatever he shall will—Who to a native dignity of soul adds a love of pomp splendour & personal consideration & who will be flattered by an attention to these circumstances. Count nothing upon his affections. And maintaing as you do our rights with dignity, avoid as far as possible offending his pride or that of a nation which has hitherto seen every thing yield to them. He has I believe generosity enough to be pleased with the first tho it may traverse his views—but not to forgive the last. Madame Le Clerk is his favorite sisster it is not improbable that she may be driven by circumstances & ill health from the I[s]lands to seek a temporary retreat in the United States anticipating this I have taken measures with my brother for her reception at New York & have offered her my country house. The Consul has expressed great satisfaction in the offer & I pray you to send an order in case this shd happen to have her recd with military honors & furnished with a guard of honor this she will refuse but may accept a centinel. It will be best that this Order should be entrusted to the Mayor of New York to be communicated to the commanding officer only in case of necessity because the less a thing of this kind is mentioned the better in case she should not arrive, or if she should arrive to prevent her geting into bad hands. Connecting this with what I had told you of the state of things here it will not appear a matter of little moment triffling as it may seem in our eyes. The occurrences of the day are extreamly rapid. The reestablishment of religion—The Consulate for life, a new order of Nobility in the grand officers—The slavery of the blacks & the renual of the Slave trade have been the work of a few days. It was proposed in council of State to settle the succession this was prevented by the first Consul. I have my own conjectures of the reason but they are of a nature not to be explained I go into no details because the papers I send will furnish them.
On the subject of Mr. Vail & Mr. Pate[r]son I shall conform to the presidents wish tho I sincerly think that Mr. Vails character & pretentions stand so high that some measure shd be taken to retain him Nantes is vacant & would be a better situation for Mr. Paterson & more agreeable. The state of the republic of the 7 Islands is such a[t] present as not to admit of a consulate. Mr. Skipwith[’s] commission is only that of Commercial agent at Paris I think it would be convenient & proper to make him general commercial agent. The power of the Minister ought to extend to filling up vacancys & appointing to places where the commercial agents may be found necessary till the presidents pleasure is known. I have the honor to be Dear Sir With the highest essteem & respect Your Most Obt hum: Servt
RRL

   Draft (NHi: Livingston Papers); letterbook copy and copy of enclosure (NHi: Livingston Papers, vol. 1). RC not found but acknowledged in JM to Livingston, 15 Oct. 1802 (DNA: RG 59, IM, vol. 6). Italicized passages are underlined in the draft; Livingston apparently intended them to be encoded. Draft filed at 10 May 1802. For enclosure, see n. 1.

   Livingston enclosed a copy of his 18 May 1802 letter to Talleyrand (6 pp.). In it he complained that the French government was throwing “every possible obstruction” in the way of paying American claims, including the delay in liquidating debts, the failure to establish a fund for paying them or to allow interest on them once liquidated, and the creation of a new set of claims based on Leclerc’s forcible purchase of cargoes at Saint-Domingue. Livingston went on to ask if the French government had made any arrangements to pay the American debts or the bills forced on American merchants in the West Indies, and he ended by reminding Talleyrand of U.S. measures to fulfill its obligations under the Convention of 1800, including the refurbishment of the Berceau and the passage of a bill in the House of Representatives appropriating $318,000 for the payment of French claims, “which sum I am informed by the Secretary of State … will be immediately placed in the hands of Mr. Pichon who will have the use of it till it is applied for by the proprietors under the treaty—and who will be thereby enabled to facilitate the operations of the french Commanders in the islands.”

   Livingston to Talleyrand, 27 Mar. 1802 (see Livingston to JM, 27 Mar. 1802, and n. 5).

   For Tobias Lear’s letter to Livingston, see Livingston to JM, 10 May 1802 (first letter), and nn. 1 and 3.

   Livingston referred to his letter to Talleyrand of 24 Feb. 1802 (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (3 vols. to date; Charlottesville, Va., 1986—)., 2:494 n. 2). In this letter Livingston protested that even when a vessel was acquitted, “instead of awarding damages and costs or even restoring the capture in the situation that it was when taken, [the French courts] direct it to be restored in the state it now is & charge the whole costs of detention storage &c. to the captured.” These charges, he declared, together with the pillage of the vessel, often exceeded the amount the cargo would sell for, and the result was a total loss for the owner.

   On the Berceau, see JM to Jefferson, 11 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—)., 2:386–87 n.).

   Pauline Leclerc, the first consul’s sister, never took advantage of Livingston’s offer of hospitality (Dangerfield, Chancellor Robert R. Livingston, p. 329).

   For William Patterson and Aaron Vail, see JM to Livingston, 16 Mar. 1802, and n. 5.


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

(Private)
Dear SirMay 20: 1802 In Madrid
Agreeably to your desire I now transmit the account of my Contingencies up to the last of May. There are some contingencies of Mr: Grahams for the Use of the Office which not being liquidated in time for this Opportunity will be included in the next account.
I have made no charge for the Expences of my Passage to Europe because I did not know whether I ought or not & before I did I thought it best to know from you what is your Opinion. Believing however that all our Envoys to France were & knowing that Mr Livingston was furnished with passages by the Government I did not know but that it would be allowed to me. On this subject however I will be governed by your Opinion & Directions. Every thing here is so monstrously dear that to us in America it appears incredible. I send you this as a private letter & therefore I take the Liberty to inclose you open a Letter written to my Daughter, which please read & then seal & forward it by Post. Remember when this Letter was written, it was not written with a View to be read by a secretary of state & a philosopher & statesman but to a little dear Girl of only Eleven Years old of whom I think perpetually & frequently with my Eyes full of tears. I wish now I had sent you those I wrote from Paris & Holland & other countries to shew you my Movements, But as I am hopeful one day to put them all, with my Opinions & reflections on paper, perhaps they will then be more worth your seeing. I did not describe them to the President, because he has seen them all & with more able & judicious Eyes than mine, although perhaps not with more industrious ones, for I have been extremely laborious & inquisitive & I only wish I had his method of digesting what I have seen.
In one of my last Letters I mentioned to you the enormous Expences & extravagant Charges for Letters brought here from foreign countries & particularly the United States. They mark them all as brought in their own Vessels across the Ocean & sometimes I have had to pay thirty Dollars a day postage. Every packet of Ships papers in Bundles of any kind pay the same & no Difference is made between Newspapers & others. I have therefore written to all the Consuls in the different ports not to send any large packets or Bundles except those marked “Department of State” by the Post, & I would be obliged to your Office to give the same Directions. I have stopped all Newspapers, except one from Paris & another from London which I concieve are necessary to the information of this Office & are with the American Papers sufficient.
The Post Office here never give receipts or Vouchers. I applied for, but was answered, it was not usual. I therefore wish this Expenditure to be as small as possible. I make one of my Domestics bring all the letters & keep a regular account which is always a long one from the letters I constantly receive on the subject of the numerous applications for Vessels captured. The expences of the Interpreter will be included in his annual account & I will send you his receipt. The other charges of my account are usual annual ones & fixed. Mr Graham has at my request opened a regular Book for Consuls & I have as yet paid but one small account for the Consul at Cadiz. I am hopeful to inclose you by this opportunity a Letter written part of it some time agoe & in cypher to the President which I will thank you to have decyphered & given to him. It is now some time since I heard from you & I will thank you when you write to note those Letters of mine you recieve.
The letter to my little Daughter which I wish you to read is in the letter to Mr Doyley & Mr Freneau. I have inclosed it there but left it open for you to read. When read please inclose it in the Letter to Mr Freneau & Mr Doyley again & seal that & send it by Post.
The ratification & consequent effects of the definitive treaty have created so much Business for this court which requires their immediate attention that I have not yet recieved an answer to my last proposal in which I reiterated the propriety of the Junta’s sitting in our country. I expect to see Mr Cevallos again on Tuesday & shall write you what he says further. I am very anxious to hear from you as I have been indirectly informed that Congress have taken up the Business of Spanish Spoliations & I shall be exceedingly glad to know if they have recommended any particular mode to be pursued or what they have done.
The difficulty of my recieving advices here is great. I have lately recieved letters written nearly six months agoe. I am still collecting commercial intelligence for you & trust you will recieve it safe as I transmit it, as it goes by Duplicates.
I cannot persuade this Government to consent to a Consul or Agent from the United States residing at New Orleans. They seem to lament that they cannot but still steadily to pursue the line they have Adopted with respect to other Nations.
I have just recieved a Letter from Mr Isaac Cox Barnet our ex consul at Bourdeaux. His situation I wrote you before—it is really a hard one. Should any vacant consulship in France or Spain, or indeed any part of Europe, occur, I should be very glad, & so would all the Americans in Europe to see him have it. His knowledge, good character & filial piety have interested them al⟨l⟩ in his favour. Mr: Barnet was I am told one of the best Consuls We had in Europe.
As I choose to send my Letter and Opinions to the President about some things in Europe open to you in cypher to have decyphered, & to see likewise I find it cannot be finished for this post & I will send it the next & conclude myself with my best respects to Mrs: Madison & my affectionate & sincere regard to the President & yourself & our friends at Washington dear sir Yours Truly
Charles Pinckney
Be so good as to tell the President if he can for a moment read my effusions to my little dear Daughter & remember that they are written expressly for her to Understand, I beg him to do so. But I dare say, he will not dislike the Costumes of the french & spanish Ladies.

[Enclosure]
Contingent Expences of the Mission of the United States to the Court of Spain for the following Expenditures—

1801

December 10:
To Expences of different Escorts on the roads to Madrid where dangerous
26.—

To Extra expence of Mules in consequence of my being obliged to go to the royal sitio
48.—
1802

January
To Expences of payments of fees for the last & present year to the Porters & officers of the Department of State & others & for the attendance & care of Letters at the Post Office there the usual annual fee & Donations on my presentation to the King
86.—

To the Band of Music
10
10
To Expences of Books for the Office & Paper Wax & Quills & &
35.—
February 24
To so much paid in part for the Spanish translations for this Office to be included in the Translators General account for the year
144 —
May
To the amount of Postage paid in December for a few Letters & afterwards for the Office for January February March April & May
366 ½

To Extra Expences of mules going & returning to the royal Sitio on important Business & to a grand Gala
  48.—

Dollars
$763 ½

   RC and enclosure (DLC). In the lower margin of the enclosure Daniel Brent noted: “No vouchers accompanied this account of Mr Pinckney / DB.”