Title: To James Madison from James Simpson, 31 January 1803 (Abstract)
From: Simpson, James
To: Madison, James

31 January 1803, Tangier. No. 54. Continuing westerly winds and severe weather all through January having prevented the Constellation from passing the straits, encloses his no. 53 [24 Dec. 1802] with this letter. Also encloses a report of U.S. vessels that have visited Moroccan ports during the past year [not found]. Commercial intercourse between the U.S. and Mogador has materially increased, but the insurmountable objections to large-scale commerce with that city, mentioned in his last, still exist, and he fears only “occasional Adventures” will succeed. His report is incomplete regarding the latest two arrivals, since Gwyn’s “particular report on them” miscarried. The emperor is still at Morocco. “I was fortunate in geting a supply of Carolina Rice he had asked me for, sent him there by the way of Mogadore in the first week of Rhamadan; which will no doubt have been very acceptable just at that time, for he is particularly fond of it.… Attention even in these trifling matters make very favourable impressions with these people.” Suggests it may be well to send “one or two Casks Rice of the very best quality” with the storeships or frigates bound to Gibraltar specially marked for Gavino to hold at Simpson’s disposal. Mentions this as “its but very seldom we can meet with Rice of that Description to purchase” and he is confident the emperor will ask for more. “Alcayde Hashash has been here some days, he has expressed to me again, the apprehensions the Captain of the Ship left at Gibraltar by the Tripolines had entertained … of that Ship being detained by the Adams.” Assured Hashash that while the ship is navigated under the emperor’s flag and in accordance with passports granted last September, there will be no danger from U.S. ships of war. Thanks JM for allowing him to receive his salary through the U.S. bankers at London. Notes that his drafts on JM have almost reached the total of his previous salary, so he must await further instructions from JM before drawing more bills. Trusts his representations of 3 Aug. will meet a favorable reception from the president and that JM will send him an answer as soon as business will allow. “In the mean time I will enjoy the hope, that it will remove from my mind the distress it now feels, at being compelled to be so troublesome on this subject, for I trust it will not be expected I should continue to serve the Nation on a footing injurious to myself and young Family.” The wind “having come this morning to the Eastward,” will put up this letter to have it ready for Murray.

   RC (DNA: RG 59, CD, Tangier, vol. 2). 4 pp. Docketed by Wagner as received 2 May.

   See Simpson to JM, 28 Sept. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:602–3 and n.) and 24 Dec. 1802.

   See JM to Simpson, 21 Oct. 1802.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:452–53.

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


Title: To James Madison from Horatio Gates, 1 February 1803
From: Gates, Horatio
To: Madison, James

Dear Sir
New York 1st: Febry: 1803:

Mr: Garnett, who does me the Favour to present you this Letter, is my particular Friend; He goes upon a Vissit of Curiosity to Washington; he is a Scientific philosophic Man; his present rage is for Agriculture. About five years since, he bought a Farm upon Rariton, within a Mile of Brunswick, where he is trying all manner of projects, in Cultivation, New, & Old; and every thing that Experience, Industry, Books, & Genius can Teach Him: as he is very Independent in his Circumstances, something may come from his Labours that may be of Benefit to the public. He has had time to Frame, & publish a Nautical Almanac, calculated for this Meridian; That, annually publish in England, Sells for fifteen Shillings Sterling; His, is sold at three fourths of a Dollar; I wish you to recommend it to The Secretary of Marine, & if, upon his perusal, it meets with his Approbation, he will certainly recommend it to our Naval Officers. Every Republican, every Whigg, every Sincere Friend to The Administration and these, make the Great Majority of The People, are Decidedly in Their Favour, and The public Voice, is, Go on, and prosper. It is a Cordial to my Old Heart, to know this; & that the Civil Liberty of this Country cannot be destroyed, but by a Combination of the Great Majority of the people comitting a political Felo de se upon Themselves! It is near a Year ago since I gave you a Secret, and Confidential Hint of a Suspicion that attached to a Certain Gentleman; that has been so publicly, & so Amply animadverted upon Since, that those who doubt, & those who believe, are left to themselves to decide upon the Subject. It gives me inexpressible pleasure to find my Friend Monroe is appointed Minister Extraordinary both to Spain, & France; from His Negotiations there is the Brightest promise of that which is most Beneficial to This Country, peace, and uninterrupted Commerce. I must repeat to You how very pleasing it would be to me, & my Mary, if you, & your Lady, would pay Us a Vissit next Summer at Rose-Hill; you have been there, & if you please, can recommend it to Mrs: Maddison with our invitation, present our respectfull Compliments to Her, and believe me Dear Sir Your Sincere Friend & Obedient Servant
Horatio Gates.

   RC (DLC). Docketed by JM.

   John Garnett’s Nautical Almanac and Astronomical Ephemeris, for the Year 1804 was published at New Brunswick, New Jersey, in 1803 (Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 50378).

   See Gates to JM, 11 and 16 Feb. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:457, 470–71 and nn.). Among the charges hurled in the political wars between the supporters of Burr and Clinton in the summer of 1802 was the claim that John Armstrong had resigned his Senate seat to allow the appointment of DeWitt Clinton (Jabez D. Hammond, The History of Political Parties in the State of New-York, from the Ratification of the Federal Constitution to December, 1840 [2 vols.; Albany, N.Y., 1842], 1:183–84).


Title: To James Madison from William Kirkpatrick, 1 February 1803 (Abstract)
From: Kirkpatrick, William
To: Madison, James

1 February 1803, Málaga. “I profit of two Vessels on the departure for Philadelphia, and Salem, to acquaint you, that the French Commercial Agent in this place, has Just received Advice, that the Dey of Algiers has declared War against France; This Intelligence is transmitted to him, by his Colleague in Barcelona, where a vessel had arrived with the News, and Despatches for the French Government, which were immediately sent on by Express.”

   RC (DNA: RG 59, CD, Malaga, vol. 1). 1 p. Marked “Duplicate.” A copy of the letter was received by JM on 16 Mar. (see JM to Jefferson, 17 Mar. 1803).

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


Title: To James Madison from Robert Montgomery, 2 February 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

2 February 1803, Alicante. Received JM’s 20 Aug. circular “only yesterday” and has taken note of its contents. Discusses the case of an ailing seaman left with him “in July last” from the schooner Abigail of Boston, whose care has already cost over $200. The government limit of twelve cents per day for assistance is inadequate in Spain. The only expedient is to “ship them the first opportunity.” The order issued 30 Nov. by the health office at Madrid is serious, as it excludes every vessel coming directly from the U.S. Gave a copy to Graham, who has protested to Cevallos without effect. The system will continue until Spanish consuls in the U.S. inform the court of the cessation of yellow fever. Hopes “some mitigation” of the order can be obtained. No Tripolitan cruisers have appeared off the coast. Presumes JM received O’Brien’s letter stating that the dey will accept only stores.

   RC (DNA: RG 59, CD, Alicante, vol. 1). 2 pp. Docketed by Wagner.

   Montgomery was probably referring to Daniel Brent’s circular letter of 26 Aug. 1802 (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:489–90 and n. 5).

   See Graham to JM, 29 Dec. 1802, and n. 1, and 20 Jan. 1803.

   See O’Brien to JM, 23 Nov. 1802.

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


Title: From James Madison to Carlos Martínez de Yrujo, 3 February 1803 (Abstract)
From: Madison, James
To: Yrujo, Carlos Martínez de

3 February 1803, Department of State, Washington. Acknowledges Yrujo’s letters of 25, 26, and 27 Jan. “The last mentioned letter, relating to another department, when the necessary information is received from it, I shall communicate to you the result.” Encloses “an answer to the letter of His Catholic Majesty received with your’s of the 26th. ult.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. Enclosure not found, but it may have been a letter of congratulation on the marriage of the king’s son.


Title: To James Madison from John Elmslie, Jr., 3 February 1803 (Abstract)
From: Elmslie, John
To: Madison, James

3 February 1803, Cape Town, Cape of Good Hope. Encloses a list of vessels that reported to his office from June to December 1802 [not found]. Since his letter of 10 Jan. [not found] the British have retained possession of the cape. Dutch troops are camped “a little way out of Cape Town.” No new dispatches from either the British or the Batavian government have arrived since the one of which he gave JM an account in the letter. The colony remains “in the same state of anxious suspence as when I last wrote.”

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

   British governor Francis Dundas had begun preparations for returning Cape Town to the Dutch on 1 Jan. when a ship arrived from England on 31 Dec. ordering him to retain possession. The British hurriedly disembarked their troops and retook possession of the castle and forts (National Intelligencer, 25 Mar. 1803).

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


Title: To James Madison from Vincent Gray, 4 February 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

4 February 1803, Havana. Wrote on 21 Jan. by the Jupiter bound for New York. Since then local merchant Tomás Cruz Muñoz has received a license granted to Francisco Figuera y Vargas allowing importation of U.S. produce to Cuba. It is said the house of Torrys of Cádiz purchased it from Figuera for $100,000 and sent it to their agent at Havana for execution. Encloses a copy. When the license was presented to the intendant for recording and publishing, he withheld assent. Has little doubt assent will be given, as the intendant’s refusal arises “not from patriotic but pecuniary views.” Has been informed the “Junta Economico y de Gobierno” was convened on the subject and is not disposed to see the license carried into effect. It is also “confidently stated” that the junta will forward a remonstrance to the king and offer to refund the sum paid to the grantee. Does not believe this will be done, “as the councils of this Government, are too much divided, and too much operated upon by other motives than the good of the colony, to oppose legally a Royal Edict—however prejudicial to their interest and that of their Country or Colony.” Mentioned in his 21 Jan. letter the arrival of General Noailles, whom he has visited twice. Noailles spoke openly “and with great respect” about U.S. relations with France and said he expected troops for the transfer of Louisiana to arrive soon at Cap Français. Since the number would not be so great as generally supposed, the commander in chief at Cap Français would need to detain all the troops there in order to recover the entire island before the commencement of the “unhealthy season”; “therefore it was uncertain, when they would have it in their power to take possession of Louisiana.” Noailles has not yet succeeded in the objects of his visit to Havana. “I am almost certain that he will not.” When he sees Noailles again, he will attempt to learn whether the general intends “in case of not succeeding here” to go to Veracruz or the U.S. Adds in a postscript that he has received dependable information that the frigate in which Noailles arrived sails for Cap Français “in four or five days.” Noailles will remain at Havana “for some time” and then proceed to Cap Français. “Having consented to act as attorney for some Americans, having large concerns in this Island unsettled, my departure from this country, will be procrastinated for at least 12 months longer.”

   RC (DNA: RG 59, CD, Havana, vol. 1). 4 pp.

   Letter not found. On 25 Feb. the National Intelligencer printed the following extract from a 21 Jan. letter from Havana, which may have been from Gray’s dispatch: “The government here have refused to grant any more licences for the admission of Lumber into this Island from the United States, and on the 13th inst. the Intendant General passed an official note to the Collector of the Customs to that effect.”

   A copy of Soler’s 4 Oct. 1802 order (2 pp.; in Spanish) is filed with Gray to JM, 20 Dec. 1803 (DNA: RG 59, CD, Havana, vol. 1).

   Lafayette’s brother-in-law, Louis-Marie, vicomte de Noailles (1756–1804), served in the American Revolution and was an early supporter of the French Revolution. He later emigrated to Philadelphia and engaged in commerce with William Bingham. Sent to Saint-Domingue as a brigadier general in 1803, he served under Rochambeau and defended the Môle St. Nicholas against the British. He escaped with the garrison to Cuba but was mortally wounded in a naval battle as he approached Havana.

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


Title: Commissioners of the Sinking Fund to Congress, 5 February 1803 (Abstract)
From: Madison, James,Commissioners of the Sinking Fund
To:

5 February 1803, Washington. Measures authorized by the board subsequent to the report of 16 Dec. 1801, “as far as the same have been completed,” are detailed in Gallatin’s enclosed 3 Feb. report to the board and in the proceedings of the treasury officers referred to therein.

   RC and enclosure (DNA: RG 46, Reports from the Commissioners of the Sinking Fund, 7A-F7). RC 1 p.; in a clerk’s hand, signed by JM and the other commissioners, Aaron Burr, Albert Gallatin, and Levi Lincoln. Enclosure (12 pp.) is a report of the income and payments of the sinking fund. The letter, report, and appendixes are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Finance, 2:23–29.

   See PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:320 and n.


Title: To James Madison from William W. Hening, 5 February 1803 (Abstract)
From: Hening, William W.
To: Madison, James

5 February 1803, Charlottesville. Returns his commission of bankruptcy. Has been consulted as a lawyer in every bankruptcy case occurring in “this part of the state” and believes it incompatible with the functions of a bankruptcy commissioner to exercise the duties of a lawyer in the same case.

   RC (DNA: RG 59, LRD). 1 p. Docketed by Jefferson. The enclosure is Hening’s 17 June 1802 commission (DNA: RG 59, ML).


Title: To James Madison from Francis Kinloch, 5 February 1803 (Abstract)
From: Kinloch, Francis
To: Madison, James

5 February 1803, “Near Georgetown S: Carolina.” Being about to tour France and Great Britain, wishes a general letter of recommendation to American ministers and agents in those countries. Will probably not sail before May. Intends to visit Bordeaux, Toulouse, Montpellier, Avignon, Lyon, and Geneva, where he will leave his son with friends. Will then proceed to Paris and Great Britain. Offers to make any inquiries along his way that will be of use to JM. “You must remember our setting out in Political life at about the same period; my time has ever since been almost exclusively devoted to the cares & objects of domestick life, the education of my children, & the pleasures of that sort of literature, which the French would, I fear, call oiseuse [trifling]: I have always however heard with pleasure & satisfaction of your progress in the publick estimation, & of your attainment to stations of great respectability. I had once some ambition of deserving the publick esteem also, but independent of that indolent Philosophy which a retired man in easy circumstances so naturally gives way to, there are circumstances in this state which would cure, after a moment’s reflection, the most inordinate ambition—there are persons, who make obscurity itself the post of honour.”

   RC (DLC). 3 pp.

   South Carolinian Francis Kinloch (1755–1826) was educated in Great Britain, fought in the American Revolution, and served in the Continental Congress with JM. Kinloch visited Europe from 1803 to 1806, so severely reducing his finances that he had to sell the greater part of his property (H. D. Bull, “Kinloch of South Carolina,” S.C. Historical and Genealogical Magazine, 46 [1945]: 65–67).


Title: To James Madison from Carlos Martínez de Yrujo, 5 February 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

5 February 1803, Washington. Understands that the inflammatory articles that have been published in the newspapers regarding the action of the intendant at New Orleans have created ferment in western Pennsylvania and that a certain Wilson has made efforts to collect volunteers who will assemble in Kentucky and Tennessee to attack Louisiana. Suggests that enemies of both the U.S. and Spain might succeed in fomenting, by secret intrigues, this rash expedition, which will not achieve its goal but will embarrass the U.S. and render futile its just and prudent actions. Convinced of the good faith of the president and his administration, he does not doubt their indignation at these illegal plans. Believes it enough to communicate this news for the government to take measures to destroy an enterprise so injurious to the interests of the U.S. and a monarch who has so often shown his good faith and friendship. JM will quickly foresee the conflagration which could result from sparks ignited on the banks of the Allegheny and Monongahela by the ambition and intrigues of a party which is attempting to elevate itself and base its power on public ruin. JM will realize that the only way to frustrate these sinister views is by prompt and decisive measures. Hopes nothing further will remain for the government to do to preserve peace in the country and friendship with foreign powers and to strengthen in the American people and in the neighboring powers the fair judgment that Jefferson’s administration has already acquired by his decision to establish his government upon the solid and stable base of virtue and justice.

   RC (DNA: RG 59, NFL, Spain, vol. 2). 2 pp.; in Spanish. In a clerk’s hand, except for Yrujo’s complimentary close and signature. Docketed by Wagner, “An hostile party intend to descend the Mississippi.”


Title: To James Madison from George W. Erving, 7 February 1803 (Abstract)
From: Erving, George W.
To: Madison, James

7 February 1803, London. No. 13. “I have to communicate to you the very disagreeable intelligence that Messrs: Bird Savage & Bird our Bankers in this City have to-day been obliged to stop payment. I had fortunately nearly balanced the ‘Spoliations’ Account with them on the 31st: December, & had divided amongst the proctors the whole of the fund destined for their payment. My Consular & Seaman Agency Accounts not having been yet made up for the last half year several Accounts of the Consuls at the other Ports not being received, the greater part of the fund for the relief and protection of Seamen remains in their hands; I received however £100 from them some short time since towards the expences in that Department.” Suggested in a former letter employing bankers to handle U.S. funds “rather than a Mercantile house whose engagements were of a nature to involve us in risque & which was not able to make such advan⟨ces⟩ as were occasionally necessary; at the same time recommending the house of Messrs: Lees & Satterthwaite & Brassey, considered as highly respectable & substantial; I have applied to these Gentlemen this Morning, who are willing to undertake our business upon the same terms on which it was conducted by Messrs: Bird; I have for the present opened a spoliation Account with Messrs: Lees & Comy which I shall continue ’till instructed by you, unless Mr: King should in the mean time see fit to make any other arrangem⟨ents.⟩”

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

   Erving to JM, 10 June 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:299).

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


Title: To James Madison from Vincent Gray, 7 February 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

7 February 1803, Havana. Has just time to inform JM that the schooner which carried $123,000 to the French government at Cap Français “late in December last” has returned. This will delay the departure of the frigate for “a few days, as she will carry up the balance of the 250,000 Ds. before mentioned.” Has just returned from the commissary general’s, where he went to learn news from the cape, but Generals Noailles and Re⟨no?⟩ were there and the commissary had not read all his dispatches, so could obtain no news. The commissary has asked him to call again, when he will be given any information interesting to himself or the U.S. The commissary gave him copies of an arrêté lately passed at the cape. Encloses one [not found] and has sent others to the collectors at Charleston, Philadelphia, New York, and Boston. Believes Noailles will succeed in obtaining perhaps half the money he requested.

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

   Gray may have discussed this topic in his missing 21 Jan. 1803 letter to JM (see Gray to JM, 4 Feb. 1803, and n. 1). For the arrival in Havana of a French commissary seeking a loan, see Gray to JM, 30 Oct. 1802.

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


Title: To James Madison from William Jarvis, 7 February 1803 (Abstract)
From: Jarvis, William
To: Madison, James

7 February 1803, Lisbon. “I have just time to communicate the inclosed which I this moment Rec’d.”

   RC and enclosure (DNA: RG 59, CD, Lisbon, vol. 2). 1 p. Docketed by Wagner. For enclosure, see n. 1.

   Jarvis enclosed a copy of a 7 Feb. 1803 letter from Almeida (1 p.; in Portuguese, with translation; printed in the National Intelligencer, 21 Mar. 1803) stating that after reviewing Jarvis’s last note the prince regent had decided to allow the importation of American flour.

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


Title: To James Madison from Rufus King, 7 February 1803 (Abstract)
From: King, Rufus
To: Madison, James

7 February 1803, London. No. 80. “Last Evening (Sunday) I received a Note from Mr. Bird informing me that his House would be obliged to stop payment this morning, and that the United States are Creditors for a considerable Sum. The former Consul, Mr. Williams, having casually informed me that he had lately accepted Bills for several thousand pounds payable to Bird Savage and Bird for the service of the United States, I have written them a Letter requiring that they would deliver up to me all Bills of Exchange that have been remitted to them, and which they may hold in trust for the United States. I have not yet received their answer; but … I fear there is little probability of recovering these Draughts, which may have been already discounted.” In consequence, “I shall be under the necessity of making the best arrangement in my power with some other House for the payment of the appointments of the several Agents of the United States in this Country.”
“Mr. Livingston in a Letter dated at Paris the 3d. instant, informs me that he had just received accounts from Mr. Graham at Madrid that the Spanish Government has passed a most extraordinary Decree by which all American Vessels coming from the United States are denied Entry into any of the Ports of Spain, until they shall have duly performed quarantine at Some foreign Port!”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 2 pp. Marked “(Duplicate).” In a clerk’s hand. Printed in King, Life and Correspondence of Rufus King, 4:217–18.


Title: To James Madison from Elias Vander Horst, 7 February 1803 (Abstract)
From: Vanderhorst, Elias
To: Madison, James

7 February 1803, Bristol. Last wrote on 25 Sept. by the Cornelia, Captain Bliss. Has since received no letters from JM. Has been unable to obtain “the least satisfaction” for Messrs. Smiths, DeSaussure, and Darrell of Charleston for indigo plundered from the Commerce by the French privateer Tiger at St. Malo in May 1793. Quotes a 3 Feb. 1802 letter from Skipwith to Livingston stating that the papers Skipwith has are proof that the indigo was the property of the company but are not proof that the Tiger took it from the Commerce. Disagrees with Skipwith’s belief that the papers would not be admitted by French courts. Has written fully to Skipwith on the subject. Has had “a great deal of trouble with this vexatious matter” on behalf of the owners, who were not insured. “From the Specimen I have had of the very little attention which has been paid to it at Paris, I despair of succeeding from any further application there.” Hopes some arrangement has already been made between the U.S. and France allowing American citizens to recover property seized “in this Piratical manner.” “Messrs. Smith &C are urgent on this subject, I shall therefore consider myself as particularly obliged, if you will have the goodness to point out to me what means are now to be used to accomplish their wish, as experience teaches me to believe that any further application from me thro’ the Channel I have hitherto attempted will prove as fruitless as my former which have been so often repeated.” Is distressed at giving JM this trouble but believes the nature of the case will obtain JM’s indulgence. Encloses accounts of imports and exports in American ships in his district for the half year ending 31 Dec. 1802, a letter from King, some recent newspapers, and a London price current, which will inform JM of “what is now passing in this quarter.” Adds in a postscript that he has received a packet for JM from King, which he is forwarding by “this conveyance.”

   RC (DNA: RG 59, CD, Bristol, vol. 2). 3 pp. Docketed by Wagner as received 5 Apr. Enclosures not found. Another RC (ibid.), marked “Copy,” includes a 13 Feb. note in which Vander Horst stated that the ship’s detention by contrary winds afforded him the opportunity to send the enclosed papers (not found).

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:599–600.

   For this case, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 2:170, 464.

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


Title: To James Madison from David Ramsey, 7 February 1803
From: Ramsey, David
To: Madison, James

Letter not found. 7 February 1803, New York. Acknowledged in Brent to Ramsey, 22 Feb. 1803 (DNA: RG 59, DL, vol. 14), as a discussion of Ramsey’s account.


Title: From James Madison to Louis-André Pichon, 8 February 1803
From: Madison, James
To: Pichon, Louis-André

Sir,Department of State Feby. 8th. 1803.
According to information which tho’ not official, deserves attention, orders have been received by the Spanish Officers at New Orleans, to deliver over that place, in pursuance of a cession in which it is included, made by Spain to the French Republic. It need not be observed to you Sir that the right of the United States cannot be in any manner whatever impaired by a transaction between two other nations, nor is it presumed that any such inference can be made. Considering nevertheless that the Intendant of Louisiana, misconstruing as it is alledged, the Treaty between the United States and Spain has lately undertaken to interupt the right of deposit at New Orleans, and that the officers of the French Republic in taking possession, may possibly be misled by that example into a continuance of the injury; the President has charged me to present the subject to you in this point of view not doubting that you will feel the urgency of the case, and omit no interposition which it may call for. You already know Sir, the impression which has been made by the proceeding of the Spanish Intendant, and will be sensible that the wrong cannot be continued under the authority of French Agents, without serious consequences. The knowledge I have of your disposition to prese[r]ve the best understanding between your nation and this, is a sufficient pledge that you will give to your interposition all the celerity, and all the efficacy of which it may be susceptible. With perfect respect &ca.
James Madison

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


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

Th: J. to J. M.Feb. 8. 1803.
I had before heard this matter spoken of, but did not suppose it seriously intended. If there be any danger of it, the Secretary at war shall be desired to give orders at Màssac̀ & Fort Adams to stop them by force. But would it not be well to write to the Govr. of Kentucky to have the perso⟨ns⟩ arrested & bound to their good behavior or the peace?

   RC (DNA: RG 59, NFL, Spain, vol. 2). Filed with Yrujo to JM, 5 Feb. 1803, which JM had apparently forwarded to Jefferson.

   On 18 Feb. Dearborn advised James Wilkinson that orders were to be given to the commanding officers of the Mississippi and Ohio forts to prevent the passage of any unauthorized armed force. On 19 Feb. he ordered Thomas H. Cushing to send the orders to the commanding officers at Pittsburgh, Massac, Chickasaw Bluffs, and Fort Adams (DNA: RG 107, LSMA).


Title: From James Madison to Albert Gallatin, 8 February 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

8 February 1803, Department of State. Asks that a $200 warrant be issued in the name of Peleg Wadsworth and charged to Richard O’Brien’s salary account.

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

   This was presumably O’Brien’s annuity to his mother (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:208 and n. 2).


Title: To James Madison from Jacob DeWitt, 8 February 1803 (Abstract)
From: DeWitt, Jacob
To: Madison, James

8 February 1803, Norwich, Connecticut. “Finding it inconvenient to attend to the duties of Commissioner of Bankruptcy,… you will be pleased to Consider this as my Resignation of that Office, excepting the finishing the Cases that I have been appointed in.”

   RC (DNA: RG 59, LAR, 1801–9, filed under “DeWitt”). 1 p. Docketed by Jefferson, “Simeon Thomas put in his place.”


Title: To James Madison from Peder Blicherolsen, 9 February 1803 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

9 February 1803, Washington. Presents the claim of several Danish subjects and citizens of Hamburg, owners of the brig Hendrick of Altona, which was captured by a French cruiser, recaptured by a U.S. warship, carried into the British island of St. Kitts, “and there adjudged to pay an astonishing salvage,” as detailed in the enclosed letter from Richard Söderström, attorney for the claimants, and in the annexed documents 1 to 9. Has been assured that “all Vessels captured and recaptured” by U.S. warships were ordered sent to the U.S. for trial. “Whence it follows, that, in addition to the odium and guilt of a proceeding equally proscribed and branded by the general law of Nations and by the private dictates of the Feelings of every honest and virtuous individual—this present case … was a manifest infraction of an existing particular law, committed by Officers of this Government.” Applies to the U.S. for restitution. Trusts that the “candor and justice” of the U.S. will cause the case to receive a prompt and favorable decision, such as would be rendered to U.S. citizens should similar abuse be committed by Danish officers.

   RC and enclosures (DNA: RG 59, NFL, Denmark, vol. 1). RC 3 pp. For surviving enclosures, see n. 1.

   Blicherolsen enclosed an 8 Feb. letter to him from Richard Söderström, attorney for the owners of the Hendrick (22 pp.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:610–12). Söderström gave a history of the case, listed arguments against the decisions given in the courts, and asked that Congress remunerate the owners before appeals were exhausted, in light of the “intrinsic injustice” of those decisions. He also enclosed a list of the nine documents referred to in his letter (1 p.; docketed by Wagner “15 April Recd. of the above Nos. 4. 6. 8. 9. & 1.”). None of the numbered documents is filed with the RC, but copies of the court proceedings and the Danish captain’s deposition were enclosed by JM in his report on the case (see JM to Jefferson, 22 Feb. 1803, n.). Also enclosed is Söderström’s statement (1 p.) of the total loss suffered by the owners, which came to $60,802.13, including interest. For Söderström’s earlier protest concerning the Hendrick, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 1:293–95.


Title: To James Madison from George W. Erving, 9 February 1803 (Abstract)
From: Erving, George W.
To: Madison, James

9 February 1803, London. No. 14. Reports that since his 7 Feb. dispatch he has received from Bird, Savage, and Bird “a minit of the balances due upon our several accounts,” which shows that he had distributed among the proctors all moneys appropriated to claims and had nearly balanced the spoliation account on 31 Dec. Since then he has paid £261 16s. 7d. into that account. “Upon the Seamen’s fund Mr: Bird states that there is due of the former remittances £451; not having been hitherto able to close my account as ‘Agent for the relief & protection of Seamen’ up to 31st: of Decem. for the reasons before mentioned, I have not drawn upon that fund for more than £100 within the last six months, presuming that this sum added to £365, which I credit in this account being so much received from the British Government towards the expences attending the sending home 82 Men in the Mary, would be fully sufficient to reimburse all my advances & to settle the accounts of the several Consuls to the 31st: of Decr:. Messrs: Birds having declined to advance … the sums necessary to defray the Charges of sending home the men in the Mary (as you observe by copy of their Letter to me, forwarded with the Dispatch No: 10 [21 Oct. 1802]) I was under the necessity of drawing a Bill on the Department of State for £567 as a part payment of the passage Money, rather than exhaust the fund in Messrs: Birds’ hands, which would disable me from settling the Consuls’ Accounts in Dec calculating that before it would be necessary [to] pay the balance of the passage money to the Owner of the Mary, new remittances would be made for that fund; on settling the account with the Owner there will be a balance for passage Money of £294 to be paid: I am extremely sorry to add that the Mary having put into Falmouth a maligna[n]t (called Jail) fever broke out amongst the passengers of which 17 have died, she has only within these few days been released from Quarantine & the expences of supplying refreshments during the sickness, the Medicine, & finally the renewing the Clothing of the men has created an additional Expence which cannot be estimated at less than between £200 or 300.”
Was concerned to learn from Bird’s note that the last remittances from the treasury reached the firm on 8 Jan. in the form of a bill for £1,125 on R. & W. Pulsford due 14 Mar. for the seamen’s fund and a bill on Samuel Williams for £5,250 for prosecution of claims. Had not received the usual prior notice of these remittances either from the bankers or from King. Bird, Savage, and Bird have already discounted the bills, so that together with the old balances the U.S. will be creditors for £7,088 2s. 9d., “besides for other remittances of which they have not furnished me with particulars, but which will make the whole balance due from them as they state upwards of 11,000£ Stg.” Has been unable to learn what their prospects of repayment are.

   RC (DNA: RG 59, CD, London, vol. 8). 3 pp. In a clerk’s hand, signed by Erving. Docketed by Brent.

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


Title: To James Madison from William Jarvis, 9 February 1803 (Abstract)
From: Jarvis, William
To: Madison, James

9 February 1803, Lisbon. Last wrote on 31 Jan. “inclosing the following Papers” and forwarding two dispatches from Willis. Acknowledges JM’s 17 Dec. letter enclosing the president’s speech. In addition to its “easy, impressing, and elegant Style,” thinks “nothing could have been better adapted … to general satisfaction” than the contents, which reflect the “highest honor” on the administration. Nothing that could “add to the safety, insure the prosp⟨erity⟩ & promote the happiness of his Fellow Citizens escaped his capacious and penetrating mind,” and “the unparalleled success of his measures” elicits admiration for his “profound Judgment.” Will pay particular attention to JM’s instructions. “Upon some occasions it should require the advice of persons of your superior abilities to make those who have to do with this Court err on the side of Patience.” Has no complaints lately as all his letters have been attended to with a promptness that has “almost anticipated my Wishes.” Did not conceive himself authorized to advance government funds for individual claims and will not do so in the future. Encloses a duplicate copy of a letter received from Almeida notifying him of the admission of flour. Should this prove agreeable to the U.S. government and citizens, “I shall feel highly satisfied with the Widow’s Mite I threw in toward it.” Gives a detailed comparison of prices of wheat and flour in the U.S. and Portugal. Flour sells for a higher price than wheat and is less expensive and safer to ship. The duty is “a trifle” compared to these advantages, and flour is also exempted from corn market duties. Understands that Almeida and Viscount Balsamão favored the admission of flour while Viscount de Anadia, the minister of marine, and the conde de Rio Maier, administrator of the corn market, opposed it. Rodrigo de Sousa Coutinho, minister of finance, remained neutral. “After Don John read my Communication to the Prince, and no doubt made very favorable comments on it, the Prince inclined to the admission, but the others opposed it, as being injurious to the health of the Inhabitants & hurtful to the national industry.” The prince regent ordered an inspector to compare bread made from American flour with that made from flour ground from foreign wheat. The result was “in favor of our flour.” The duty was added as an encouragement to millers and as a source of revenue for the prince. This convinced Coutinho and the measure was carried. The letter was sent to Jarvis on Sunday, 6 Feb., and the order, dated 7 Feb., was posted on the exchange the next day. Has “today” received the enclosed letter dated 8 Feb. with information that orders were given to raise the quarantine. Vessels under quarantine had been admitted to pratique on 7 Feb. by an order of 4 Feb., “with the precaution of discharging their grain through a Spout; but this unnecessary expense will be avoided by this last order.” Encloses a copy of Almeida’s 29 Jan. note [not found], received 1 Feb., but fears the extracts Almeida sent will not be satisfactory. Encloses a copy of his note of 3 Feb. [not found] and Almeida’s 4 Feb. reply [not found], from which he learned Almeida had been since 2 Feb. “at the Royal Palace of Samora on the opposite side of the Tagus,” where the prince has been for “three or four Weeks.” Encloses a copy of his own 7 Feb. reply to Almeida’s note of the same date, Almeida’s note of 8 Feb. [not found], and a copy of a 26 Oct. 1802 chancellery letter.

   RC and enclosures (DNA: RG 59, CD, Lisbon, vol. 2). RC 7 pp. JM received the RC by 21 Mar. (see JM to Jefferson, 21 Mar. 1803). For surviving enclosures, see nn. 3 and 5.

   Jarvis here listed the fourteen enclosures included in his 31 Jan. 1803 dispatch.

   For Almeida’s 7 Feb. 1803 letter, see Jarvis to JM, 7 Feb. 1803, and n. 1. On 9 Feb. 1803 Jarvis issued a circular announcing the permission to import American flour (N.Y. American Citizen, 17 Mar. 1803).

   Almeida’s 8 Feb. 1803 letter (1 p.; in Portuguese, with translation; printed in the National Intelligencer, 21 Mar. 1803) announced that the prince regent had lifted the quarantine for U.S. vessels and cargoes when the ships and their bills of health indicated no instances of contagion.

   Almeida’s note was apparently in response to Jarvis’s requests for the records of the court proceedings in the cases of the Aurora and the Four Sisters (see Jarvis to JM, 18 Dec. 1802, and n. 2).

   Jarvis’s 7 Feb. 1803 reply to Almeida (3 pp.) expressed pleasure at the admission of flour, stating that it would be received as a sign of friendship by the U.S., which had already shown a willingness to reciprocate by reducing the duty on Portuguese wines in the U.S. and by showing partiality to other Portuguese products.

   See Jarvis to JM, 31 Jan. 1803, n. 4.

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


Title: To James Madison from Rufus King, 9 February 1803 (Abstract)
From: King, Rufus
To: Madison, James

9 February 1803, London. No. 81. “As I apprehended might be the case, Bird Savage & Bird have answered my demand for the surrender of the Bills of Exchange lately remitted to them, by saying they were unable to deliver them up, as they had been discounted before their failure.” Has requested the firm to prepare and send him “their Accounts including all receipts and Payments up to the day on which they stopped”; hopes to receive the accounts in time to forward them by “the Mail of this month,” which will not leave before 12 Feb. “Having understood the assigned reason of this failure, to be the delay that has attended the Remittances on account of large Debts due in America, I shall direct Mr. Erving the Consul to attend the first Meeting of the Creditors, when a State of the affairs of the House is to be exhibited: by this means we may ascertain the names and Debts of the American Debtors; and by the priority due to the United States, I presume the Treasury will be able to secure the speedy and full Recovery of the Debt due from this House.”

   RC (DNA: RG 59, DD, Great Britain, vol. 10); letterbook copy (NHi: Rufus King Papers, vol. 55). RC 1 p. In a clerk’s hand, signed by King. Printed in King, Life and Correspondence of Rufus King, 4:218–19.


Title: To James Madison from Carleton Walker and Timothy Bloodworth, 9 February 1803 (Abstract)
From: Walker, Carleton,Bloodworth, Timothy
To: Madison, James

9 February 1803, Wilmington, North Carolina. “Some time since we had the honor to recommend to you, the Wilmington Gazette in aid of the promulgation of the laws of the United States.” Having received no reply, they assume JM did not receive the application, which they now resubmit.

   RC (DNA: RG 59, ML). 1 p.

   No earlier letter to JM from Walker and Bloodworth has been found. Almand Hall’s Wilmington Gazette has been described as being “independently Federalist” in 1800 (Stewart, Opposition Press of the Federalist Period, pp. 883, 884).


Title: To James Madison from Edward Savage, 9 February 1803
From: Savage, Edward
To: Madison, James

Letter not found. 9 February 1803, New York. Acknowledged in Brent to Savage, 25 Feb. 1803 (DNA: RG 59, DL, vol. 14), as an inquiry about funds due him for passports he printed for the State Department (see Savage to JM, 5 June 1802, PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:279).


Title: From James Madison to the Speaker of the House of Representatives, 10 February 1803
From: Madison, James
To: Speaker of the House of Representatives

Department of State, 10th Feby: 1803.
The Secretary of State to whom was referred on the 17th ult, the petition of William Wilson, John Potts and David Easton, praying relief in the case of the Brig Jesse and her cargo which in the year 1793 were captured by a French Privateer and sold at Charleston (S. C.) under the authority of the French Consul resident there—has examined the same, and thereupon reports as follows:
That the allegations on which the petitioners rely are, that the loss of their property “is fairly attributable to the want of a sea letter, which the American government had not in time provided for the protection of American owned vessels; and also to the improper conduct within our own territory of the Agents of a foreign nation”; alluding to an illegal condemnation pronounced by the French Consul and the sale of the vessel and cargo in pursuance thereof.
Without enquiring how far the omission of their duty by the officers of government might in any case give to the individuals who should incur injuries thereby a right to be indemnified by the public, it is sufficient to observe that until maritime hostilities commenced by the rupture between France England and Holland, in the month of Feby: 1793, it would have been useless to issue sea letters to vessels of the United States; and that as the petitioner’s vessel sailed from the United States in the month of October preceding, it was not to be expected that she could have been supplied with a sea letter. It may be added on this point that until France and Holland became concerned as parties to the war, no treaty required our vessels to carry sea letters.
The assumption of judicial powers by the French Consul was unwarrantable and his sentence of condemnation must be considered as void and not forming any part of a new title to the vessel or her cargo. For this or similar conduct his exequatur was revoked by the government of the United States. Notwithstanding his interference, the Courts of the United States were undoubtedly competent to administer redress to the petitioners. That they actually failed to obtain it thro’ that channel, must have been owing to the want of an early prosecution of their rights or a steady perseverance in it, or to circumstances for which the nation is not responsible; in as much as it fully acquitted itself of its duty in respect to the petitioner’s second allegation by providing proper Courts in which relief might be obtained for such wrongs committed within the Country.
The Secretary is therefore of opinion, that this case is in no respect favorably distinguished from other illegal captures made by the cruizers of the same power during the late war; and that the United States are not bound to afford any peculiar relief to the petitioners. All which is respectfully submitted.
James Madison.

   Tr (DNA: RG 233, Transcribed Reports of the Committee on Claims, 5C-A1).

   William Lambert, acting for John Beckley, clerk of the House, had sent JM an extract from the House journal, dated 17 Jan. 1803, ordering that the petition of William Wilson, John Potts, and David Easton asking for relief in the case of the brigantine Jessie, captured by the French privateer Sans Pareille, be referred to JM (DNA: RG 59, ML; docketed by Wagner). The ship and cargo were sold at Charleston, South Carolina, in August 1793 under the authority of then resident French consul Michel-Ange-Bernard de Mangourit. An undated copy of what was doubtless the same petition, together with supporting documents, was again submitted to the House on 11 Mar. 1806. All three petitioners were merchants in Alexandria, Virginia, where Wilson and Potts were in business together under the name of William Wilson and Company (DNA: RG 233, Petitions and Memorials, 10A-F3.6).


Title: To James Madison from Bird, Savage, and Bird, 10 February 1803 (Abstract)
From: Bird, Savage, and Bird
To: Madison, James

10 February 1803, London. The writers have not heard from JM since their letter of 7 Jan., a copy of which they include. They have received 25 Nov. and 16 Dec. letters from Gallatin and treasurer Thomas Tudor Tucker with remittances of £12,000 and £450, which they have credited to the respective accounts according to the secretary’s directions. The bills were discounted in the customary manner. “It unfortunately has happened subsequent to these appropriations owing to our being disappointed of large remittances wch. we had every reason to expect would have come to our hands from very considerable debts due to us in America & the West Indies we have been under the necessity of suspending payments, & we are sorry to say the United States will be our Creditors for the balance of what we have not paid on the respective accounts, which we are making out to deliver to Mr King.” The debts due to them are sufficient to pay all creditors and leave “a handsome Surplus.” Collection will take time, however, and “we throw ourselves on the Clemency of your self & the Government to abstain from molesting our property & partner in America” and join in the “general plan of Indulgence” expected to be adopted by all creditors as soon as the company prepares a general statement of affairs that will secure its assets for the benefit of creditors. They request JM’s “friendly and influential Exertions” to carry out their wishes.

   RC and enclosure (DNA: RG 59, Letters Received from Bankers). RC 2 pp. Docketed by Wagner as received 8 Apr. Enclosure (1 p.) is a printed 7 Feb. 1803 statement to the creditors giving substantially the same explanation for suspending payments as in the RC.

   The merchant banking firm of Bird, Savage, and Bird was founded in London in 1782. In 1799 the partners established the house of Robert Bird and Company in New York to avoid European hostilities and take advantage of American shipping to the Far East. Bird, Savage, and Bird of London did considerable business with South Carolina merchants and New York shippers and also marketed U.S. government debt in London. In March 1802 the London firm began to encounter difficulties, and it stopped payment on 7 Feb. 1803. Henry Merttins Bird and Benjamin Savage were declared bankrupt in June; Robert Bird and Company also failed. In the final balance, Bird, Savage, and Bird showed liabilities of £280,000 and capital of £69,000, with the U.S. as a substantial creditor. Final payment to the creditors was not made until 1830, and total repayments amounted to 5s. 6d. on the pound on the unsecured liabilities (S. R. Cope, “Bird, Savage & Bird of London: Merchants and Bankers, 1782 to 1803,” Guildhall Studies in London History, 4 [1981]: 202–3, 206–8, 209–10, 213–15).


Title: To James Madison from John Bulkeley & Son, 10 February 1803 (Abstract)
From: John Bulkeley & Son
To: Madison, James

10 February 1803, Lisbon. “We … Subjoin a Copy of what we had the Honor of writing to you on the 18th: August last & to which we are without a Reply. We beg leave to renew our Request that you will assign us a Credit for the Balance of our account with the Interest accruing, via London or Amsterdam, as the Death of our late Premier renders the Settlement of his Concerns very necessary.” There will be no alteration in the firm or in “the house of Business”; they offer their services “either as Banker or otherwise.”

   RC (DNA: RG 59, Letters Received from Bankers). 1 p.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:500.

   John Bulkeley died at Lisbon, leaving an estate worth £300,000 (Gentleman’s Magazine, 73, pt. 1 [1803]: 283).


Title: To James Madison from Stephen Kingston, 12 February 1803
From: Kingston, Stephen
To: Madison, James

Letter not found. 12 February 1803. Mentioned, with the following extract, in Kingston to John Quincy Adams, 24 June 1822 (DNA: RG 76, Spain, Treaty of 1819, Misc. Records, ca. 1801–24). “I took this liberty the 5th. of Septr. last [PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:548], allow me to renew the subject of that address &c.… The government of the colony having detained my Ship still there I am without any later advice than the 31 July when she remained as before, the Captains pray[e]rs unheeded & sufferings unredressed.” On 25 Feb. 1803 Brent wrote Kingston to send his papers on the case to Pinckney (DNA: RG 59, DL, vol. 14).


Title: To James Madison from Tench Coxe, 13 February 1803 (Abstract)
From: Coxe, Tench
To: Madison, James

13 February 1803, Philadelphia. The house of Coxe and Frazier, in which he was formerly engaged, has a claim to a tract of land “which is a part of a larger tract on or near to the waters of Bayou Pierre & the East Bank of the River Mississippi.” This was conveyed to him in 1790 by Edward Jones, who is now in Gallatin’s office. The original tract was granted by Great Britain to General Lyman, “under whom and Mr. Jones & his brothers I hold.” Encloses an extract from his deed [not found]. Understands it is necessary to report all such lands to JM’s office and asks that an application be filed there or sent with others to the proper office in the Mississippi Territory. Will cheerfully pursue any necessary measures to conform to the laws and regulations provided in such cases.

   Draft (PHi). 1 p.

   Phineas Lyman (1715–1774) was a Yale-educated lawyer who commanded the Connecticut troops during the Seven Years’ War. In 1770 he obtained a grant of 20,000 acres of land near Natchez, where he died shortly after settling there with his family.


Title: From James Madison to William C. C. Claiborne, 14 February 1803
From: Madison, James
To: Claiborne, William C. C.

SirDepartment of State February 14th. 1803.
Your letters of the 20th. & 21st. December and of January 3d have been duly received. The rigor in abolishing hospital [sic] intercourse between the Spaniards and the Citizens of the United States, navigating the Mississippi explained in the latter, justly increases the indignation excited by the original measure of the Intendant. Still the stronger presum[p]tion is that the whole proceeding is chargeable on that Officer, rather than on orders from his Government. The arrival of the dispatches of Novr. 29th. from this Department will probably lead to a further developement of the case. I am sorry that these dispatches had not reached you at the date of your last, as I infer from its silence on that point.
As soon as it was rendered highly probable, tho’ not officially certain, that orders had been issued by the Spanish Government to the local authority at New Orleans to deliver over to French Commissioners the Province of Louisiana, Mr. Pichon the French Minister here was called on to interpose with a view to prevent the example of the Spanish Intendant in violating our right, from being followed [by] the new occupant. He readily undertook to do so, and I now enclose a duplicate of his letter, the original having been sent by a vessel engaged at Baltimore for the express purpose of conveying it. It will be proper to hasten the receipt of it as much as possible, and consequently to this by a hired express. It is proposed by Mr. Pichon as well as myself that it should be addressed to the care of our consul at New Orleans, and I accordingly ask the favor of you to put it under cover to him. By a letter I have just received from the partner of Mr. Daniel Clark in Philadelphia, it is probable that he will have returned to that place. Should this not have happened Mr. Hulings will no doubt pay the necessary attention to the subject. With sentiments &ca.
James Madison.

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

   Letter not found.

   The enclosure was probably a copy of Pichon to Morales, 10 Feb. 1803, enclosing a copy of Pichon to Laussat, 9 Feb. 1803, describing American reaction to the closure (León Tello, Documentos relativos a la independencia de Norteamérica, 1:701).

   JM presumably referred to Daniel Coxe, Clark’s partner at Philadelphia, but no letter from Coxe mentioning Clark’s return has been found.


Title: To James Madison from Charles Willson Peale, 14 February 1803 (Abstract)
From: Peale, Charles Willson
To: Madison, James

14 February 1803, Museum. “Be pleased to accept the inclosed. Should you ever meet me in the Museum I may then tell you to whom the letter was originally intended.… It would give me pleasure to be able to trace out the probable progress of the museum while under my care, and to Devise with you the best means for its permanent Establishment.”

   FC (PPAmP). 1 p. Printed in Miller, Selected Papers of Charles Willson Peale and His Family, 2:487–88.

   The enclosed letter, originally intended for Jefferson, was published in pamphlet form as An Epistle to a Friend on the Means of Preserving Health, Promoting Happiness; and Prolonging the Life of Man to Its Natural Period (Philadelphia, 1803; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 4829) (printed in Miller, Selected Papers of Charles Willson Peale and His Family, 2:489–513).


Title: To James Madison from Carlos Martínez de Yrujo, 14 February 1803 (Abstract)
From: Yrujo, Carlos Martínez de
To: Madison, James

14 February 1803, Washington. Wrote a few days ago notifying JM of rumors that a man named Wilson and others in western Pennsylvania were attempting to collect a group of armed adventurers to join others from Kentucky and other western states to attack Louisiana. Stated in that letter how necessary it was that the government restrain this attempt, which might cause serious inconveniences between Spain and the U.S. Prudence on the part of the U.S. and justice on the part of the king can resolve a situation brought about by the rash action of Morales. Has received no reply and does not know what measures the government has taken to restrain the rioters. Having received new information on the likelihood of the attempt and believing the government must take immediate steps, repeats his former representation and hopes JM will answer as soon as possible, stating, if convenient, what steps the government has taken to restrain a dangerous outrage so contrary to the reciprocal interests of both countries.

   Translation of RC (DNA: RG 59, NFL, Spain, vol. 2). RC 2 pp.; in Spanish. In a clerk’s hand, except for Yrujo’s complimentary close and signature. Copytext is Wagner’s translation, written in the margins.

   Yrujo to JM, 5 Feb. 1803.


Title: Report of the Georgia Land Commissioners, 14 February 1803 (Abstract)
From: Georgia Land Commissioners
To:

14 February 1803, Washington. Describes the land in the Mississippi Territory disputed by South Carolina and Georgia and the land grant practices of Spain and Great Britain in the region. Defines the criteria for confirming grants as given in the articles of agreement and cession between the U.S. and Georgia. Lists the classes of claims derived from Spanish or British land grants, or from occupancy, which are not covered by the agreement between the U.S. and Georgia. Also notes the claims of a group of people from Connecticut who moved to the Mississippi in 1774 and left after the Spanish conquest in 1781. Suggests measures to confirm the titles of the several classes and subclasses of claimants under the preceding categories and sets a year’s limit for submitting claims. Discusses and rejects the claims of the South Carolina Yazoo Company, the Virginia Yazoo Company, and the Tennessee Company for grants made under the Georgia act of 21 Dec. 1789. Reviews sales made under the Georgia act of 7 Jan. 1795 to the Georgia Company, the Georgia Mississippi Company, the Upper Mississippi Company, and the Tennessee Company. Describes the subsequent sale of the Georgia Mississippi Company lands to the New England Mississippi Company and the present status of all claims. Notes that the 1795 act was repealed on 13 Feb. 1796 on grounds of fraud. Encloses documents leading the Georgia legislature to repeal the act. States that large sections of the land had been given to members of the earlier legislature on terms allowing for payment at a later date. States the belief that titles of claimants under the 1795 act are unsupportable but notes that the interest of the U.S. and the tranquillity of future settlers on the land make a compromise expedient. Suggests a plan for indemnifying claimants under the above four companies, with land or both interest- and non-interest-bearing certificates, provided certain conditions regarding deeds and claims are fulfilled. Establishes a year’s time limit for submission of these claims to the secretary of state.

   Ms (DNA: RG 46, Reports and Communications Submitted to the Senate, 7A-F8). 39 pp. In a clerk’s hand, signed by JM, Albert Gallatin, and Levi Lincoln. Printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:132–35.

   The several enclosures, marked A through L, with various subgroupings and excluding items marked H, I, and J, are printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Public Lands, 1:135–58.


Title: To James Madison from Anthony Terry, 15 February 1803 (Abstract)
From: Terry, Anthony
To: Madison, James

15 February 1803, Cádiz. Transmits a copy of his 16 Dec. 1802 letter. Since that date “repeated orders” have come from Madrid not to admit American vessels, even with health certificates from Spanish consuls in the U.S. Several ships with certificates were admitted at Cádiz and allowed to remain awaiting a final answer from Madrid, but “every post brought new orders” to turn away U.S. ships. Called on the governor, who agreed to suspend execution of the orders until a reply was received to the express Terry sent to Yznardy at Madrid on 28 Jan. Yznardy sent back an express with a court order allowing ships with health certificates from Spanish consuls to be admitted after twenty days’ quarantine. Terry personally delivered the order to the local governor. This was “a most convincing proof” of Yznardy’s influence at court and “his exertions for the interest of American Citizens.” Thinks it is “quite necessary to make known as public as possible” the “absolute necessity” for captains bound for Spain to obtain health certificates from the Spanish consul at the port of departure or the nearest port. The service Yznardy rendered was the more valuable as it is impossible for several American ships at Cádiz to sail without complete repairs. Had the governor insisted on expelling them, several captains could have shown that the condition of their vessels would not permit it without endangering lives, and “this might have occasion’d some difficulties which would have been very delicate to settle.” Encloses a list of American ships entering Cádiz during the last six months of 1802 [not found] and half of the register [not found] of the ship Fame, sold there. Is “hourly expecting” Yznardy from Madrid.

   RC (DNA: RG 59, CD, Cádiz, vol. 1). 2 pp. Marked “Copy.” In a clerk’s hand, signed by Terry. Docketed by Wagner.

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


Title: From James Madison to John Randolph, 16 February 1803
From: Madison, James
To: Randolph, John

Sir,Department of State 16 February 1803
The expenses of Mr. Monroe’s mission to Paris and Madrid not being included in the estimate for the service of the current year, it is necessary that they should be added to it. It has been usual to estimate such a mission to continue a year, on which supposition the following statement is founded.

1 Year’s Salary of the Minister including the allowance of a quarter for the expenses of returning
}
9,000 —
His expenses in going to Europe in travelling there—say

3,000 —
A Secretary’s salary for 9 Months at $1,350 per annum

 1,012.50

$13,012.50
I shall be obliged to you to give this estimate such a course as will connect it with the general estimate before Congress. I have the honor to be &ca.
James Madison.

   Letterbook copy (DNA: RG 59, DL, vol. 14). Randolph was chairman of the House Ways and Means Committee.


Title: To James Madison from Louis-André Pichon, 17 February 1803
From: Pichon, Louis-André
To: Madison, James

Georgetown (17. février 1803.) 28. pluviose an 11.
Le soussigné, chargé d’affaires de la République française, a eu l’honneur de faire part à Mr. Madison, des dépêches qu’il s’est empressé d’expédier à la Nouvelle Orléans, pour communiquer avec les autorités françaises qui Sont attendues dans cette ville, Sur ce qui fait la matière de la lettre de Mr. Madison du 8. février. Le Soussigné, ne met pas en doute que ces autorités n’ayent reçu l’instruction précise de respecter les Traités existant entre les Etats-Unis et l’Espagne, antérieurement à la cession de la Louisiane à la france et il a la confiance la plus entière que les appréhensions manifestées dans la note de Mr. Madison ne Se réaliseront pas.
Le soussigné croit devoir Saisir cette occasion de dissiper les inquiétudes de tout genre que l’on cherche à exciter par rapport aux Suites de l’occupation de cette colonie par la République française. Si l’evidence de la communauté des intérêts ne Suffisait pas pour repousser toutes les Suggestions de cette espèce, l’autorisation expresse qu’a reçue de bonne heure le Soussigné d’assurer le Gouvernement Américain que cette acquisition qui placerait la france dans le voisinage des Etats-Unis n’aurait rien qui pût interrompre l’harmonie existantes entre les deux nations, Sera sans doute une garantie pleinement Satisfaisante des intentions du premier Consul de la République. Le Soussigné a eu plusieurs fois occasion de s’exprimer dans le Sens de cette autorisation avec Mr. Le Secrétaire d’Etat, depuis qu’il est question de la cession de la Louisiane à la france. Aujourdhui, et dans les circonstances présentes, il a crû de Son devoir de la communiquer à Mr. Madison de la manière la plus formelle, persuadé que cette déclaration appuyée par les déclarations plus explicites encore qui ont été faites au Ministre Plénipotentiaire des Etats Unis à Paris, et dont le Soussigné a été informé, concourront à placer les dispositions du premier Consul de la République dans un jour propre à repousser toutes les insinuations qui sont faites dans un esprit ennemi de la paix.
D’après toutes ces circonstances réunies, Mr. Le Secrétaire d’Etat ne peut point douter que non seulement les autorités françaises ne Seront pas disposées à Suivre et à confirmer les mesures prises par Mr. l’Intendant Espagnol à la Nouvelle Orléans, mais qu’elles S’empresseront même de les rectifier de manière à rétablir pleinement l’etat de chose réglé par les Traités. En fesant cette communication à Mr. Madison, le Soussigné est à la fois dirigé par le Sentiment de Son devoir et par l’anxiété qu’il a toujours éprouvée pour tout ce qui tendrait à inspirer réciproquement des dispositions contraires à la paix. Cette même anxiété lui fait vivement désirer, qu’il ne Survienne aucun incident propre à compromettre ou à contrarier le Succés des communications qui vont S’ouvrir entre les deux Gouvernemens & ce serait avec une vrai chagrain qu’il verrait Se vérifier les bruits qui font craindre des voies de fait qui seraient dirigées contre la République française et fondées Sur des griefs que les intentions connues de Son Gouvernement désavouent, mais qu’il n’est pas a même de redresser puisqu’ils ne Sont pas encore parvenus à Sa connaissance ni à celle d’aucune autorité émanée de lui dans la Province de la Louisiane.

Le Soussigné, en priant Mr. Madison de mettre la présente note Sous les yeux de Mr. le Président des Etats Unis à l’honneur de lui offrir l’assurance de Son respect et de Sa parfaite considération.
L. A. Pichon

Condensed Translation
Has shown JM the dispatches concerning the contents of JM’s letter of 8 Feb. that he hastens to send to the French authorities in New Orleans. Does not doubt that although the authorities did not receive precise instructions regarding the existing treaties between the U.S. and Spain before the cession of Louisiana to France, the apprehensions expressed in JM’s note will not be realized. Wishes to take advantage of this occasion to dispel any concerns raised about the consequences of the colony’s occupation by France. If the obvious community of interests does not suffice, the express authorization that Pichon received earlier to assure the U.S. that this acquisition, which places France in the neighborhood of the U.S., will do nothing to interrupt the harmony existing between the two nations, will no doubt be a fully satisfactory guarantee of the First Consul’s intentions. Has expressed the sense of this to JM on many occasions when dealing with the question of the cession of Louisiana to France. Under the present circumstances, regards it as his duty to express it to JM in the most formal manner, persuaded that this declaration is supported by even more explicit assurances given to the minister plenipotentiary of the U.S. in Paris, of which Pichon was informed. These declarations unite to place the intentions of the First Consul on a plane that will repulse all insinuations made in a spirit inimical to peace. Assures JM that the French authorities are not disposed to continue or confirm the measures taken by the Spanish intendant at New Orleans but will fulfill the treaty requirements. Is directed to make this communication to JM by his duty and by the anxiety that he always feels for anything that threatens peace. This anxiety makes him hope that nothing will compromise the success of the communications which will open between the two governments. It would be with chagrin that he would see verified rumors of actions directed against France based on injuries that the government has disavowed but that cannot be redressed because neither the government in France nor its representative in Louisiana is yet aware of them. Asks JM to bring this note to the president’s attention.

   RC (DNA: RG 59, NFL, France, vol. 1). Docketed by Wagner.


Title: To James Madison from Peder Blicherolsen, 17 February 1803 (Abstract)
From: Blicherolsen, Peder
To: Madison, James

17 February 1803, Washington. “In presenting the inclosed to You, I feel ashamed and sorry lest You should suspect me to have been unmindfull of what You observed to me the other evening. Duty has in this case been my despot, and under such control—be it that of either duty or despot—whose indulgence can I sooner expect than Yours.… I wish You Sir uninterrupted health and happiness—wanting both myself, I know of nothing more precious to offer.”

   RC and enclosure (DNA: RG 59, NFL, Denmark, vol. 1). RC 1 p. For enclosure, see n. 1.

   In the enclosed note dated 17 Feb. 1803 (4 pp.), Blicherolsen commented that he had laid a note before JM asking his intercession in the case of the Hendrick (see Blicherolsen to JM, 9 Feb. 1803). Blicherolsen reargued the merits of the case and stated his belief that a favorable decision would require congressional concurrence. With the present session of Congress drawing to a close, he was induced to return to the subject “at so short an interval” and to press JM for a satisfactory answer to his previous note.


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

17 February 1803, Gibraltar. No. 114. “Since my last N: 113 under the 11: Int: [13 Feb. 1803], orders is come to the Emperours Agent here to get the Ship in question ready for Sea and he further tells me Expects the Commander every moment from Tetuan with a Crew, and that She is at all events to go to Sea.” Adds in a postscript, “Three french Ships the Line are aback of the Rock with Troops bound to the Westward.”

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

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


Title: From James Madison to James Garrard, 18 February 1803
From: Madison, James
To: Garrard, James

SirDepartment of State 18th. February 1803.
It has been represented to the Government of the United States by the Minister of His Catholic Majesty, that from reports which are entitled to attention he has reason to fear that certain persons in the Western parts of Pennsylvania are employed in exciting the people to arm themselves, with the expectation of being joined by others from the western portion of the Union, and to proceed with hostile intentions against the Province of Louisiana. As such a procedure would be not only incompatible with the authority and dignity of the Government but dangerous to our peace with foreign nations, the President entertains the fullest confidence, that your Excellency will take the most early and efficient measures to restrain such an attempt should it be within the state of Kentucky. I have the honor to be &ca.
James Madison.

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

   Similar letters of the same date (ibid.) were sent to Archibald Roane, governor of Tennessee, and Pennsylvania governor Thomas McKean. A paragraph was added to the latter stating, “The scene of these attempts is mentioned to be the banks of the Ohio, and the principle Instigator of them described to be a man of desperate fortunes, named Wilson.”


Title: To James Madison from Robert R. Livingston, 18 February 1803
From: Livingston, Robert R.
To: Madison, James

No 68.
Dear SirParis 18 Feby. 1803
I have been honoured by yours of the  Novr. I am pleased to find that you are Satisfied with my applications to the Government on the Subject of the debt, I am only Sorry that those applications have hitherto been unsuccessful & as far as appears will continue to be unless Some motive more efficacious than that of justice or national faith or credit is held out. To enter into the financial arrangements of people in power here would lead me into a very delicate discussion which would not tend to any advantage proportioned to the risks it might subject me to. I still think if any thing is done to Satisfy our Citizens it must be by Some advantageous offer on the part of our Government by which they might not ultimately lose while the country gained by restoring to an active class of citizens a capital which they would render productive & useful to the community, how far this is practicable you are the proper judge. You will find my ideas on that Subject Sketched in Some of my former letters.
As you have intimated the propriety of opening some other channel of communication with the First Consul than thro the minister this I have effectually done so as to have got several unofficial communications under his eye and to have learned his sentiment thereon. I can have a personal conference with him when I chuse having made arrangements for the purpose but I differ it for two reasons. First I have never yet had any specific instructions from you how to act or what to offer to meet him merely to talk of [the] justice of our claim and our rights on the Mississippi would be only to Say ingracious truths, & excite prejudices which may render a future conference more difficult, & Second because it is one of the traits of his character when he has once fully avowed a sentiment not easily [to] change it. I have therefore thought it best to address myself officially to the Minister and unofficially to the only man who is supposed to have any sort of influence over him. I have accordingly put into his hands some notes containing very plain truth mixed with that species of personal attention which I know to be most pleasing here. The delicate subject of these notes makes me unwilling to send them unless I can find time to put them in cypher which I fear will not be the case by this conveyance. You will however have them in the first letter that I write to the President which will be by this or the next conveyance. I do not mention the channel I allude to because I wish it only to be known to yourself & the President & my last letter to him has Sufficiently explained it. The only basis on which I think it possible to do any thing here is to connect our claims with our offers to purchase the Floridas; upon this Subject my notes turn. I have first endeavoured to Shew how little advantage France is like to make from these Colonies—the temptation they offer to Britain to attack them by sea and from Canada the effect [the possession] of them by Britain would have upon the conquest of the islands and the monopoly of the trade of the West as well as of the East Indies. I have dwelt upon the importance of a friendly intercourse between them & us both as it respects their Commerce & the Security of their Islands, & I have proposed to them the relinquishment of New Orleans and West Florida as far as the River Perdigo together with all the territory laying to the north of the Arkansas under an idea that it was necessary to interpose us between them and Canada as the only means of preventing an attack from that quarter. I did not speak of East Florida because I found they consider the navigation of the gulph as very important. For this I proposed an indefinite Sum not wishing to mention any till I Should receive Your instructions—that it Should be a condition of this treaty that the American debt should be inscribed on their 5 percent stock. I knew it would be vain to render them our creditors by deducting this out of our payment because actual money would alone have any effect in carrying the plan thro’, & even that must be managed in Such a way as to afford very heavy pot de ven or no plan will succeed. These propositions with certain accompaniments which I cannot detail were very well received and were some days under the First Consuls consideration when it was thought that a better bargain might be made on the spot and I was told that General Bernadotte would have full power to treat on this subject in America on the basis on which I had placed it. My answer to this information you will find in the enclosed note. I am now laying on my oars in hopes of Something explicit from you. I consider the object of immense importance, & this perhaps the favorable moment to press it—because the affairs of the Islands are yet very doubtful, & the armament is still blocked up in the ice in holland—tho’ as we now have a thaw here, I fear they will not be So much longer. My plan is much relished by the person thro whom it was proposed. Genl. Bernadotte Sees the awkward Situation in which he will be placed if he goes out while our demands remain unsatisfied, but nobody dares to offer an opinion when that of the First Consul has been expressed & at present a very unexpected difficulty has arisen. I told you that Parma would be offered for the Floridas, & that Genl. Bournonville was sent to negotiate the business. It was never doubted a moment here that it would be effected. This I learn from Talleyrand and the Spanish embassador. They even asserted that the treaty would be signed the day the king returned from Barcelona & this information accorded with that which Lord Withworth [sic] had received. I learn now from the Spanish embassador that the thing has met with Some difficulty as he Says, not because of any aversion in the Court to make the cession but of some difference between the Prince of Peace and General Bournonville. I believe however that this is not the sole cause but that Spain begins to see that in receiving Parma she will receive nothing as it will be rendered subservient to another arrangement as I hinted in my last. Russia patronizes Sardinia. Some equivalent must be found for her losses on the continent. If Parma is ceded it will be for the king of Etruria who will probably be made to surrender as much to Sardinia. You will consider this rather as a conjecture than as any thing that I am perfectly founded in relating. The essential fact for us is that the Floridas are not yet ceded and Mr. Dazara yesterday told me that he began to have his doubts whether they would but as France is fully impressed with the nullity of her possession in Louisiana unless she has some port in the gulph indeed the Minister told me yesterday that there were no difficulties of any moment—I presume that She will ultimately find Some way to cut the Gordian knot, & I can not but Sincerely wish that you may have availed yourselves of the pretence that Spain has given you to take possession. It will be best to treat with the subject in our hand but at all event tell me what to do if they should go into the hands of France and fix the sum you are willing to give in case they should listen anew to my propositions for as to Bernadottes doing anything with you I have no great faith and for this plain reason that he cannot manage to make it profitable to anybody here. Be persuaded that no treaty has been made for some time past that did not bring considerable treasures into the coffer of  nor will any be advantageously made if this means is neglected. You need be here only one week & witness the Splendor & expence of every body connected with the Court to be convinced of what I tell you. I pray you again to give me Some instructions, for I may be acting contrary to your intention & I Should be very Sorry to do any thing that you may find it proper to disavow. I am not Satisfied from examining my instructions & commission that I am empowered to do anything but the common routine of business. As I did not receive this till I was going off I had no opportunity of objecting to them. I find that I have no precise diplomatic character being not even an envoy ordinary or extraordinary tho it had been usual for the United States to grant this latter grade to gentlemen of less standing than myself but this by the by which I Should not have mentioned if I did not find that it is not quite So agreable here as Bernadotte is a man of high rank, & would have wished like his brother genls [to] have gone out with a more elevated rank but which they cannot give while the United States only retain a Minister Pleny here. It is proper that I Should Say a few words on Genl Bernadotte. He is one of the old Jacobin party and has been much looked up to by them but being brother in law to Joseph Bonaparte he is connected with the court but has not ceased to be an object of some jealousy and I believe you may consider his present mission as an honourable banishment. He proposes only to Stay a few months in America. I have had many conversations with him his dispositions are just such as I would wish with respect to us. But his temper is warm and fiery and you will have to flatter his pride and that of his nation if you would stand well with him. In several conversations that I have had with Lord Withworth [sic] I find that Britain is very averse to the projected exchange for the Floridas and thinks that if effected it will be taken up very warmly by the nation. Mr. King however in an answer this day received to Some question I have put on that Subject thinks differently. I find that the Sentiments of the two nations with respect to each other have totally changed from what they were a year ago—they at present mortally hate each other, & nothing but the want of allies keeps Britain from breaking out. You will find in one of the Moniteurs I have Sent you a curious Journal of Sebastiani which has been evidently published to prepare this nation for Some new operation in Egypt. It is extremely offensive to the British. I have a letter from Mr Graham who is far from being Satisfied with the conduct of the Spanish court who act like this in saying nothing on the subject of their treaty with France and who have passed a law prohibiting any American vessels to enter their ports till they have performed a quarantine in some foreign port. I mentioned to you my wish to be empowered to recognize the Italian Republic to be accredited to the Consul as has been done by most of those powers who wish to please him & as this is a compliment without expence it might not to be [sic] amiss to pay it particularly as we Shall now have Some commercial connection with the Italian States. From the best accounts I can receive from holland the armament will be detained there till about the last of March So that you will not have them in New Orleans till June a precious interval of which you may think it prudent to avail yourselves. I broke off here that I might have an explicit conversation with the Minister founded upon the News paper intelligence from our country for I have had none other Since the date of your letter of Novr. I endeavoured to impress him Strongly with the Idea of our determination, never to Suffer our rights on the Mississipi to be impeded, & of the little value that that country would be to them in the production of a revenue while we held it—of the almost certainty of war between them & the Savages in case their Stipends were witheld & the pain it must give the first Consul to be the means of the destruction of the white inhabitants whom it would be impossible to defend, & upon the benefits that would result to the commerce & manufactures of France from a friendly connection with us. This Seemed to make an impression upon him, & he promised to represent them Strongly to the first Consul to morrow, but added that however my other Plans might be received, I must consider the purchase of the country as out of the question intimating that a sale was below their dignity so that I fear my hopes founded on their necessities are frustrated. I am Dear Sir with the most respectful consideration Your Most Obt hum. Servt.
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, except for Livingston’s complimentary close and signature. Docketed by Wagner. Italicized words are those encoded by Livingston’s secretary and decoded here by the editors. Words in brackets were omitted in the encoding and have been supplied from the draft. RC decoded interlinearly, partly by JM and partly by a clerk. Letterbook copy is dated 19 Feb. and has the marginal notation “Sent by Mr. Curwen Via Havre Dup. / Original by Mr. Boss via Bordeaux.”

   Left blank in all copies. No November dispatch from JM to Livingston has been found, but in Livingston’s letterbook (NHi: Livingston Papers, vol. 2) a copy of JM’s 15 Oct. 1802 letter is marked “No. 7” and a copy of JM’s 23 Dec. 1802 letter is marked “No. 9.”

   This word was miscoded as “half” and was not decoded.

   This word was miscoded and decoded as “restordin.”

   In the decoding the State Department clerk here added “(defer).”

   This word was miscoded as “commerce” but corrected in the decoding to “first.”

   This word was miscoded as “ta” but “claims” was supplied by the State Department clerk.

   This word was miscoded as “Z” and was not decoded.

   This word was miscoded as “conaineva” and decoded by JM as “contain eva.”

   For Livingston’s 28 Oct. 1802 letter to Jefferson, see Livingston to JM, 2 Nov. 1802, and n. 13. The “personal attention” to which Livingston referred was a bribe. In his 12 Mar. 1803 letter to Jefferson, he stated that it was no longer necessary to send the correspondence with Joseph Bonaparte “as I had intended,” connecting U.S. designs with “certain personal ones,” as Monroe’s arrival would render everything of that sort impossible. He asked that JM “be furnished with such an extract from this letter as should be upon his files” ([DLC: Jefferson Papers; docketed by Jefferson as received 18 May]; copy [DNA: RG 59, DD, France, vol. 6; docketed by Jefferson and by Wagner as received 19 May]). A heavily abridged version of this letter is printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:547.

   This word was miscoded as “East” but corrected in the decoding to “West.”

   Pot-de-vin: gratuity, bribe.

   Livingston apparently enclosed a 7 Jan. 1803 note to Joseph Bonaparte which argued that while it would be better under normal circumstances for the U.S. to negotiate a treaty at home, in this case the irritations aroused by the closing of the deposit at New Orleans, which some Americans believed was done at French instigation, and the jealousy of Great Britain, whose friends in the U.S. would be sure to transmit any information they obtained on the negotiations, made the circumstances such that it would be better to conduct negotiations in France, where Livingston had spent fourteen months trying to settle the differences between the two countries (NHi: Livingston Papers; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:536–37).

   This word was miscoded and decoded as “pla.”

   This word was miscoded and decoded as “aryrted.”

   These three sentences were miscoded, “Russia patronizes ia. Some equivalent must be writeund for her halfs on the Continent. If Parma is ceded it will be for the king of Etruria who will probably be made to surrender as much to essinia.” The decoding reads, “Russia patronizes ia. Some equivalent must be write und for her on the continent if Parma is ceded it will be force to King of Etruria who will probably be made to render as much to es Sinia.” This garbled passage is omitted entirely from the printed version in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:533.

   This word was miscoded and decoded as “Connecticut.”

   A long dash here in the draft is omitted in the encoding.

   This word was miscoded and decoded as “often.”

   This word was miscoded and decoded as “of.”

   In an 8 Feb. 1803 letter to Livingston, King noted that the British had not considered Louisiana and the Floridas important enough to be mentioned in negotiations at Amiens and he did not believe the ministry was considering measures to oppose the occupation of the region by France (NHi: Livingston Papers).

   Horace-François-Bastien Sébastiani’s report of his trip through Egypt and Syria stated that the Greek islands would eagerly surrender to France and suggested that the incompetent Turkish army could be defeated with as few as 6,000 men. Its publication, which was regarded as a response to the attacks on Napoleon in Robert T. Wilson’s History of the British Expedition to Egypt; To Which Is Subjoined, a Sketch of the Present State of That Country, and Its Means of Defence, was considered outrageous in Great Britain (Charles Coote, The History of Europe: From the Treaty of Amiens, in 1802, to the Pacification of Paris, in 1815 [London, 1817], p. 22; J. A. Farrer, The War for Monarchy, 1793–1815 [London, 1920], pp. 133–36).

   In his 24 Dec. 1802 letter to Livingston (5 pp.), John Graham reported that U.S. business in Spain would remain “unpleasantly situated” unless the U.S. took steps to make itself more respected. He complained that the Spanish government had refused or neglected almost every U.S. request since before Pinckney took charge of the mission (NHi: Livingston Papers).

   Livingston to JM, 22 Mar. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (4 vols. to date; Charlottesville, Va., 1986—)., 3:61–62).


Title: From James Madison to Carlos Martínez de Yrujo, 18 February 1803 (Abstract)
From: Madison, James
To: Yrujo, Carlos Martínez de

18 February 1803, Department of State. Acknowledges receipt of Yrujo’s letters of 5 and 14 Feb. 1803 and informs him that the president, “desirous of manifesting on every occasion his regard for the confidence and good understanding prescribed to the United States and his Catholic Majesty by their mutual interests, has taken immediate steps for ascertaining the foundation of the reports to which you allude; and for effectually restraining unlawful combinations, if any such should exist that might compromit the peace of the two nations.”

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


Title: To James Madison from Salmon Chase, 18 February 1803 (Abstract)
From: Chase, Salmon
To: Madison, James

18 February 1803, Portland. “By reason of the resignation of Capt. Joseph McLellan, and the continued absence of Major Joseph Boyd in Europe,” only two bankruptcy commissioners, “Mr. Wedgery” and himself, remain to transact business. “Great Inconvenience will arise should it happen that either of us should be unwell, interest⟨e⟩d or from home.” If the bankruptcy act is not repealed in the present session of Congress, hopes the president will appoint one or more commissioners. “I beg leave to mention Isaac Ilsley Esqr of this Town as a very worthy Person of respectable abilities & information, and a Man in whose integrity & fidelity confidence may be placed. His political sentiments fully accord with the measures of the present Administration, and his appointment will be very acceptable to its Friends, and the present Commissioners. I hope, Sir, you will accept of my apology, knowing very well I have no right to dictate who is the most proper person, but nevertheless I thought it my Duty to mention the man who would honour any appointment.”

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

   On 1 Mar. 1803 Jefferson directed JM to issue a commission under the bankruptcy law for “John Mussey at Portland vice Joseph Boyd who has not qualified (to be so expressed).” Also included on the list were Simeon Thomas at New London for Connecticut; Charles Ludlow at New York for New York; John Stephen at Baltimore for Maryland; Cowles Meade, Robert Walker, and George Watkins at Augusta for Georgia; and Thomas Collier at Louisville for Georgia (ViU). Each name on the list is checked off.

   On 18 Feb. the House of Representatives voted to postpone consideration of the bankruptcy law to the next session of Congress (Annals of CongressDebates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56)., 7th Cong., 2d sess., 564).


Title: To James Madison from Vincent Gray, 18 February 1803 (Abstract)
From: Gray, Vincent
To: Madison, James

18 February 1803, Havana. Encloses a copy of the governor’s order respecting strangers. Although the order appears to be severe and will probably be carried into execution more rigorously than usual, he has experienced more pointed public attentions from the government lately “than at any time heretofore.” Was apprised of the order and the cause of its being issued “some days past” and will inform JM by a ship which will sail “in a few days for Baltimore.”

   RC and enclosure (DNA: RG 59, CD, Havana, vol. 1). RC 1 p. For enclosure, see n. 1.

   Gray enclosed a printed copy of Someruelos’s 17 Feb. 1803 order (2 pp.; in Spanish) stating that everyone who embarked without a passport would be fined, as would the captain of the vessel, with the fines to be divided between the council and the informant or the arrester. If the person embarked was a slave, there would be no fine, but the slave would spend four months at the public works. Every alien who did not reembark in the vessel in which he came incurred a fine unless he had permission from the government. The captain of the ship and the owner of the house in which the foreigner lodged incurred a fine unless they reported to the local authorities. Any alien engaging in commerce would be arrested. His goods would be confiscated and one-fifth given to the informer. If he kept a store or was not occupied in some branch of agriculture or the arts, a fine would be levied on the local officials. A plea of ignorance was no excuse. Any citizen who served as a front for an alien carrying on business would be fined and arrested, have his goods seized, and be liable to further prosecution. By the order of 25 Feb. 1796, the introduction into the island of any blacks not direct from the African coast was prohibited. Any individual having custody of prohibited blacks would be arrested and fined and his goods seized (translation published in the National Intelligencer, 18 Mar. 1803).

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


Title: To James Madison from Robert Montgomery, 19 February 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

19 February 1803, Alicante. States that he left his brother John to maintain consular affairs while he went to place his sons at school in Great Britain. Nothing worth noting has occurred since his return. Encloses shipping reports from January 1802 to January 1803 [not found]. Reports will often be incomplete unless captains and supercargoes are required to report to consuls on arrival. The Spanish government would support his forcing officers to answer questions regarding cargo and destination, but this would make consuls “generally disliked” and cause the loss of commercial business. Private investigation yields results of uncertain accuracy and renders the consul an “object of suspicion.” U.S. law should require masters to “clear out” at the consulate as at any customhouse in the U.S. Requiring them to take a cargo manifest from the consulate would “completely prevent any possibility of smuggling.” This would not be injurious, as “every Man in Trade generally is informed where the best Markets are to be found.” Secrecy could be imposed on consuls where necessary.

   RC (DNA: RG 59, CD, Alicante, vol. 1). 3 pp. In a clerk’s hand, signed by Montgomery. Docketed by Brent.

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