Title: To James Madison from Robert Montgomery, 6 December 1803 (Abstract)
From: Montgomery, Robert
To: Madison, James

6 December 1803, Alicante. “I am deprived of your favors since my respects of the 26th Septr last inclosing Copy of an Order from the Government of Spain tending to exclude Foreign Ships of War from remaining in the Harbours of this Country longer than is absolutely necessary for their get[t]ing provissions &ca.” Now encloses a “Copy of an Order from the General Health office regarding the Quarantine imposed on all Ships from the United States.” “This order altho it may be Authorised by the Reigning Calamities at Malaga must tend to injure our Fish trade exceedingly.
“This Country is in a general State of Alarm on Account of the Contagion, but by the extreme Vigilance of our Health office We are happy to have no Symptoms whatever of it at this place and as the Weather is now become sufficiently cold we trust it will not attack us this Season.” In spite of the inconveniences of the quarantine, “Our trade promises many advantages.” “Fish is very much wanted,” as are flour, wheat, and corn. “Brandies per Contra are lower than we have Seen them for some time past.”

   RC and enclosure (DNA: RG 59, CD, Alicante, vol. 1). RC 2 pp.; in a clerk’s hand, signed by Montgomery; docketed by Wagner as received 22 Mar. For enclosure, see n. 2.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:461.

   Montgomery enclosed two copies of an order from the supreme board of health at Madrid (1 p.; in Spanish; certified by Montgomery; docketed by Wagner) stating that because of a report from Spanish consul general Valentín Foronda that the yellow fever might have appeared in Philadelphia, the board had decided that all vessels arriving at Spanish ports that had departed Philadelphia after 8 Sept. 1803 were to perform a strict quarantine according to the order of 13 Oct. 1802. Vessels that arrived from New York, where yellow fever also prevailed, or that had had contact with vessels from Philadelphia, were to perform a quarantine of observation of at least thirty days.


Title: From James Madison to James Simons, 7 December 1803
From: Madison, James
To: Simons, James

Sir.
Department of State 7 Decr. 1803.
The French Chargé des Affaires has lately transmitted to me an extract of a letter to him from the Intermediary Commissary of his Nation at Charleston of which I enclose a translation. As it relates to an infraction of our neutral duties, and some of the persons concerned are supposed to be now within the United States, I request you to make strict enquiry into the allegations the extract contains, and if you find them founded, to cause the law which has been infringed to be exicuted against the Offenders. You will also report to me the result of your enquiries as well as the steps you may adopt in consequence of them. I am &c.
James Madison.

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

   See Pichon to JM, 28 Nov. 1803, and n. 3.


Title: To James Madison from William C. C. Claiborne and James Wilkinson, 8 December 1803
From: Claiborne, William C. C.,Wilkinson, James
To: Madison, James

Sir,
Fort Adams Decr. 8. 1803.
It is with singular Satisfaction, we announce to you the peaceful Transfer of the Province of Louisiana by the Commissioners of Spain to the Commissary of the French Republic, communicated to us by that officer in a Letter, received last Evening (bearing Date the 30. ulto) a Copy of which we transmit you, under Cover, together with his Proclamation, issued on the Occasion, to which we have added, Copies of two Letters from Daniel Clark Esqr. of the 29. and 30 ulto.
Every Exertion is in Operation, for our speedy Embarkation, and we are persuaded the ceded Territory will acknowledge the Government of the United States, before you receive this Letter. We are, Sir, most respectfully, your obedt. humble Servants.
William C. C. Claiborne
Ja: Wilkinson

   RC and enclosures (DNA: RG 59, TP, Orleans, vol. 2). RC in a clerk’s hand, signed by Claiborne and Wilkinson. For enclosures, see nn.

   Claiborne and Wilkinson enclosed a copy of Laussat to the American commissioners, 8 Frimaire an XII (30 Nov. 1803) (1 p.; in French; translation printed in Robertson, Louisiana under the Rule of Spain, France, and the U.S., 2:219–20), announcing the peaceful transfer of Louisiana from Spain to France and urging the commissioners to hasten their own arrival so that he could convey the territory to them. Claiborne and Wilkinson also enclosed a printed copy of Laussat’s 30 Nov. 1803 proclamation to the residents of Louisiana (6 pp.; in French; printed, with translation, in Carter, Territorial Papers, Orleans, 9:126–32), stating that the province would soon be transferred to the U.S. and reminding the residents that Article 3 of the Louisiana Purchase treaty promised that they would be admitted “as soon as possible” to the rights and privileges of U.S. citizens.

   The first enclosure is a copy of Daniel Clark to Claiborne and Wilkinson, 29 Nov. 1803 (see Clark to JM, 29 Nov. 1803 [second letter], n. 1). The second enclosure is a copy of Clark to Claiborne and Wilkinson, 30 Nov. 1803 (1 p.; printed in Robertson, Louisiana under the Rule of Spain, France, and the U.S., 2:218–19), stating that Laussat had taken peaceable possession of Louisiana and had delivered his 30 Nov. letter and proclamation to Clark to forward to the commissioners. Clark had offered Laussat the services of a corps of American militia volunteers organized by Clark to maintain the peace, and Laussat had accepted the offer. Clark again urged the commissioners to hasten their departure.

   Claiborne and Wilkinson probably also enclosed with this letter a copy of their 7 Dec. 1803 reply to Laussat’s 30 Nov. letter (1 p.; printed ibid., 2:220), announcing their plan to leave Fort Adams on 8 Dec.


Title: To James Madison from Littleton Waller Tazewell, 8 December 1803
From: Tazewell, Littleton Waller
To: Madison, James

Dear Sir;
Norfolk. december 8th. 1803.
Upon a former occasion I stated to you the situation in which I was placed relative to the loan obtained of the Bank here for our friend Colo. Munroe. By adverting to that letter you will see that the payments are frequently coming due, and as frequently postponed by the discount of new notes. This arrangement causes an advance to be made by me of about twenty dollars in every sixty days. A sum too inconsiderable to impose any necessity upon either you or himself of remitting to satisfy it. There will be no difficulty I apprehend in continuing the present arrangement with the Bank, until it shall be quite convenient for Colo. Munroe to stop it. Unless therefore you have received his positive directions to do so, there will be no occasion to employ any funds of his in your hands for the satisfaction of this demand. Should you have received such directions however, I can inform you, that the amount of the demand upon me now on account of Colo. Munroe is only $2000. This sum is due by two notes for $1000 each, which are payable the one on the 15h:, the other on the 22d: of next January. I am now in advance for Colo. Munroe on account of the discounts effected $13.41. Indeed he is properly speaking in advance to me $66.59.; but as your check for $80. has not been paid, I have not yet given him credit for this sum, & therefore he appears to be my debtor on this account rather than I his.
The check you remitted me last spring for $80, drawn by the Cashier of the Bank in Washington, on the Cashier of the Bank here, was payable to yourself or your order, and not being indorsed by you, when presented here was of course not paid, I having no evidence to prove I was authorized to receive it. After its refusal at Bank I laid it by, intending to inform you of the circumstance, and to inclose you the check again at my leisure. But what has become of it since I cannot tell. It is either lost or mislaid where I shall not find it shortly. Thus circumstanced I have procured from the Cashier here a Certificate that this check has not been presented at his office, and will beg the favor of you to procure for me a duplicate check from the Cashier at Washington, by means of which I shall be enabled to receive the amount here. It is probable that the Bank in Washington will require some security to indemnify them against the appearance of the first check hereafter. Should this be so, if they will authorize the Cashier of this Bank to receive it, I will give to him any indemnification they may require. However as the check is not indorsed by you, and as they may easily give directions to the Bank here to accept but one of these checks, no risk will be incurred by them of sustaining injury by the re-appearance of the lost paper, & therefore it is probable no security will be demanded. Accept sir assurances of my respect and esteem. I am your obdt. servt.
Littn: W Tazewell.

   RC (DLC).

   For James Monroe’s bank loans, see Monroe to JM, 7 Mar. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:395–97).

   For this check, see JM to Monroe, 31 May 1803 (ibid., 5:45–46).


Title: From James Madison to Ebenezer Stevens, 8 December 1803 (Abstract)
From: Madison, James
To: Stevens, Ebenezer

8 December 1803, Department of State. “I have received your letter of the 24th. ult. [not found] and enclose a copy of the Charter-party of the Ann Maria.” Has “no alteration to make in the instructions formerly transmitted for the adjustment of this claim.”

   RC (NjP: Crane Collection); letterbook copy (DNA: RG 59, DL, vol. 14). RC 1 p.; in a clerk’s hand, signed by JM. Enclosure not found, but see n. 1.

   For a printed copy of the 16 Aug. 1800 charter agreement for the Anna Maria, see ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Claims, pp. 338–39.

   For JM’s instructions regarding Daniel Cotton’s claim for reimbursement for the appropriation of the Anna Maria by the bey of Tunis, see JM to Stevens, 1 Aug. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:257). On 28 Feb. 1809 Congress passed “An Act for the relief of Daniel Cotton” ordering the treasury officers to pay Cotton’s claim (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 6:80).


Title: From James Madison to Samuel Latham Mitchill, 9 December 1803
From: Madison, James
To: Mitchill, Samuel Latham

Sir.
Department of State. Decr. 9th. 1803.
I have had the honor to receive your letter of the 7th. inst. Shortly after the passing of the resolution to which you refer I caused the enclosed circular letter to be transmitted to our Consuls, in the last paragraph of which you will observe that I direct them to furnish me with materials not only for the statement contemplated by the resolution but with other information having an affinity to it and which would be in a comparative degree useful. Having received but few returns from them, their diligence was awakened by the enclosed circular of the 1st. Octr.
At present I have returns from Hamburg, Bremin, Havre, Liverpool, Bristol, Cowes, Falmouth, Cork, Lisbon, Gibraltar, Marseilles, and Malaga. It will readily occur that these furnish but very imperfect means of complying with the order of the House, and if the time were protracted the same occasion might be taken to alter the order by extending it to the other points indicated in the circular of the month of April as well as such others as might suggest themselves to the reflections of the Committee and the house. Should it however be the desire of the Committee, the order of the house shall be immediately complied with as far as is at present practicable. I am &c.
James Madison.

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

   Letter not found.

   On 3 Mar. 1803 the House of Representatives passed a resolution directing JM to send them, “early in the next session of Congress,” a report on light money paid by U.S. vessels in foreign ports and by foreign ships in U.S. ports (Journal of the U.S. House of Representatives, 7th Cong., 2d sess., 363). JM no doubt enclosed a copy of his circular letter of 9 Apr. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:491–93).

   Circular Letter to Consuls and Commercial Agents, 1 Oct. 1803 (ibid., 5:479).

   For the replies from Hamburg, Bremen, Bristol, Cowes, Falmouth, Marseilles, and Málaga, see John M. Forbes to JM, 27 July 1803; Frederick Jacob Wichelhausen to JM, 18 July 1803; Elias Vander Horst to JM, 1 Oct. 1803; Thomas Auldjo to JM, 1 Aug. 1803; Robert W. Fox to JM, 9 Aug. 1803; Stephen Cathalan, Jr., to JM, 13 July 1803; and William Kirkpatrick to JM, 31 Aug. 1803 (ibid., 5:233–34, 197–99, 484, 258–59, 290, 173, 370–71).


Title: To James Madison from Josef Yznardy, 10 December 1803 (Abstract)
From: Yznardy, Josef
To: Madison, James

10 December 1803, Cádiz. Last wrote on 22 Oct. and 3 Nov. “I have now to inform you that the American Ship Sally Capt. John R. Archer loaded by Government with Naval Stores for the Regency of Algiers, was lost on the 20th. ulto. on the sands of Torre dela Higuerilla within a 11. Leagues of the Barr of St. Lucar; the Vessel is entirely lost, and I am apprehensive that what has been saved of the Cargo will hardly pay the expences of it.” Has notified Preble as well as O’Brien and Lear at Algiers of “this misfortune” so that they might inform the dey about the missing stores. “As the Salvage will be so expensive in such a far distance & bad roads, I have determined to sell it on the Spot at Public Auction.” Will inform JM of the net proceeds “for account of Government.” Encloses a copy of a letter from Preble regarding the blockade of Tripoli and his own response. “The Sickness in Malaga continues with great force & inclosed is a note of its Situation on the 6th. instant.” “By all appearances” Spain “remains perfect neutral in the actual Contest between France & England; but as yet Government has not made it public, sundry Spanish Vessels carried to the Ports of England by Privateers ⟨a⟩re put in liberty, and the Privateers condemned in paying some part of the ⟨da⟩mages.”

   RC and enclosures (DNA: RG 59, CD, Cádiz, vol. 1). RC 1 p.; in a clerk’s hand, signed by Yznardy; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:261–62. For enclosures, see nn. 2 and 3.

   Letter not found, but see Yznardy to JM, 27 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:584–85).

   Yznardy enclosed a copy of Preble’s 12 Nov. 1803 circular (2 pp.; printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:215–16), announcing the blockade of Tripoli and requesting that all Mediterranean consuls be notified, and of Yznardy’s 21 Nov. 1803 reply (3 pp.), acknowledging receipt of Preble’s 10 Nov. (not found) and 12 Nov. 1803 communications and enclosing a copy of a letter from the captain general of the marine (not found) concerning an anchor supplied to Preble for $396, “which I am under the ⟨nece⟩ssity of paying, as it was at my strong Sollicitations he ⟨cond⟩escended to sell it.” Yznardy listed the various local officials, foreign consuls at Cádiz, and American consuls in Spain to whom he had announced the blockade on 17 and 18 Nov. 1803.

   Yznardy enclosed a table (1 p.) showing that as of 6 Dec. 1803 forty-nine people had fallen ill at Malaga, seventy-nine had been cured, and fifty-two had died. He added that the “Loss on Government Notes” was “34½ a 5%.”


Title: To James Madison from Robert R. Livingston, 11 December 1803
From: Livingston, Robert R.
To: Madison, James

No 92
Dear Sir
Paris 11th December 1803
I have not yet been honoured by any of your favors of later date than 29th of August. I informed you in my last of the reasons that would determine to give in the guarantee promised by Mr Monroe, & the rather as the delay of the arrival of the ratification, & the consequent disappointment in the money arrangements expected from it had increased the I had to contend with by my refusal. Mr Marbois Situation was rendered very unpleasant Since he had in consequence of what had passed between him & Mr Monroe assured the Consul that he could command the money when it should be found necessary. This together with the Sentiment you hold out in your letter of your wish that the money had been applied as the instructions directed determined me no longer to take upon myself the responsibility of a further refusal.
I have there fore joined in the guarantee & have delivered by the order of Hope & Baring the Sum of 8000,000.₶ in their bills to the Treasury. I have taken an assurance from this government that in case the Treaty Shall not be ratified they will repay the Sum with Six per Ct interest by monthly payments to commence two months after notice that the Treaty is not ratified.
Copies of these agreements will be forwarded either by this or the next conveyance. I have received a long letter from Mr Lear detailing the circumstances of the peace with the Emperor of Morocco: in consequence of which the two Frigates taken by our Squadron were delivered to him. I have also a letter from Commodore Prebble informing me that he has formed that blockade of Tripoli, & requesting me to inform this Government, & Ministers of other nations, that he will Send in for adjudication Such vessels as he may take going in. But as I believe we have not yet adopted this british law of nations I shall take no Step of this Sort without your order, but will write to Mr Lear on the Subject within whose jurisdiction it lays & who doubtless has the President’s instructions.
The determination of the Commissioners not to proceed till the arrival of the ratification gives me much uneasiness here & will have a very disagreable effect upon the execution of the Treaty by producing delays & difficulties with the french boards of which I Shall have no right to complain; & if the ratification Should not arrive it will add greatly to our difficulties in a new negotiation. Since I wrote the Count Azara has been removed, owing to some harsh things Said to the Prince of peace in his dispatches while his fate was uncertain; Mr Hervas a Banker here & father in law to Genl Duroc is appointed chargé des Affaires. He is much in the confidence of the Spanish Court, & has always transacted their money affairs here. He has just finished the Treaty for the Subsidy to be paid by Spain of which I have informed you. There is every reason to believe that England will acquiesce in this.
Enclosed is the Minister’s answer to my communication on the Subject of the Italian flag. He paid me a visit the night before last & told me that Genl Thureau was named Minister Plenipotentiary to the United States in the place of Mr Pichon & promised to Send me official information thereof, which however he has not yet done. Mr Petry will go as his Secretary of legation. One of the Ministers intimated to me that Jerome Bonaparte had applied to return to France in [one] of our frigates destined to bring out the treaty but [had] been refused which has not been well taken here. As I had heard nothing, I could Say nothing on the Subject but express my persuasion that the President would do every thing for his [ac]commodation which would [con]sist with his attention to [the] [im]partial neutrality that he had determine[d] to observe [as] the treaty has not give[n] much satisfaction to the politici[ans] of this country who think we have obtained great advantage in it I have been applied by one of the Ministers for permission to print my memoir as containing the reason[s] which influence[d] the government and which they think will convince the nation. I have consented provided it does not appear as an official paper from me but as one that is attri[bu]ted to me. I hope this will meet with your approbation. Of the affairs of Holland So very interesting to our merchants which I have Several times had the honor to mention to you, you Say nothing. I presume therefore that you either think their construction of our treaty right or have committed that business to other hands. I am very much of opinion that you Should have a Minister in holland or if there are objections, that Some other of your Ministers Should be accredited there & entitled to adress their Government when the State of affairs rendered this necessary. The first would be preferable at least during the war. Enclosed is a letter for [J:] Bonaparte which I pray you at the consuls particular request to have carefully for[ward]ed.

Preparations for the descent are Still extremely active and the minister to the marine assured me yesterday upon his honor that the attempt would be made within [two] months I am [sure] he thinks so but I am not sure that he is in the secret. I have the honor to be Sir With the most respectful consideration Your most Obt hum: Servt
Robt R Livingston
Inclosed are my accounts for three quarters which will be found to agree with the bankers

   RC and enclosures (DNA: RG 59, DD, France, vol. 8A); RC, draft, and enclosures (NHi: Livingston Papers); letterbook copy (NHi: Livingston Papers, vol. 1); letterbook copy of enclosures (NHi: Livingston Papers, vol. 3). First RC in a clerk’s hand, except for Livingston’s signature and postscript; docketed by Wagner as received 13 Mar. Second RC is a letterpress copy of first RC; unsigned; lacking postscript; marked duplicate; docketed by Wagner as received 4 May. Italicized words and letters are those encoded by Livingston’s secretary and decoded here by the editors or supplied within square brackets from the draft (for the code, see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:304–5 n.). First RC decoded interlinearly by Wagner. Second RC decoded interlinearly. For surviving enclosures, see n. 8.

   No 29 Aug. 1803 letter from JM to Livingston has been found. Livingston may have referred to JM’s letter of 29 July (ibid., 5:236–37).

   Draft inserts “me” here.

   Draft inserts “ill humour” here; “difficulties?” is interlined in pencil in the RC.

   Livingston probably referred to Barbé-Marbois to Livingston, 14 Frimaire an XII (6 Dec. 1803), agreeing to repay the advance in ten monthly installments beginning two months after receipt of official notice that the treaty had not been ratified (NHi: Livingston Papers, vol. 5).

   See Preble to Monroe, 12 Nov. 1803 (printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:215–16).

   José Martínez Hervas (also de Hervas), marquis d’Almenara, Spanish statesman and diplomat, served as Spanish minister of the interior from 1809 to 1813, during Joseph Bonaparte’s brief reign as king of Spain. His daughter was married to Gen. Géraud-Christophe-Michel Duroc, duc de Frioul, then governor and later grand marshal of the Tuileries (Connelly et al., Historical Dictionary of Napoleonic France, pp. 160, 453; A. V. Arnault et al., eds., Biographie nouvelle des contemporains, ou Dictionnaire historique et raisonné … [20 vols.; Paris, 1820], 1:126–27).

   See Livingston to JM, 2 Nov. 1803, and n. 22.

   Livingston enclosed a copy of Livingston to Talleyrand, 3 Dec. 1803 (1 p.; docketed by Wagner), transmitting a copy of Pichon to JM, 17 Oct. 1802, enclosing a design of the flag of the Italian Republic, and JM’s 18 Oct. 1802 reply (see PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:29); and a copy of Talleyrand to Livingston, 18 Frimaire an XII (10 Dec. 1803) (1 p.; in French; docketed by Wagner), acknowledging receipt of Livingston’s letter.

   Louis-Marie Turreau de Garambouville (1756–1816) fought in the American Revolution as a young man. On his return to France, he joined the revolutionary army, eventually rising to the rank of lieutenant general, suppressing revolts in the Vendée and Switzerland. He served as minister plenipotentiary to the U.S. from 1804 to 1811, after which he rejoined the army but retired from public life after Napoleon’s defeat (Biographie universelle [1843–65 ed.], 42:300–303).

   Miscoded “dra”; interlinear decoding has “one.”

   Miscoded “long”; interlinear decoding has “had.”

   For the issue of Jerome Bonaparte’s passage in an American naval vessel, see John Dawson to JM, 29 July 1803, and Jefferson to JM, 8 and 13 Aug. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:247, 287, 301–2).

   Miscoded “but sist”; interlinear decoding has “consist.”

   Miscoded “would hipartial”; “the impartial?” is written in pencil in the top margin.

   Miscoded “arm”; omitted in interlinear decoding.

   Interlinear decoding omits “we have.”

   Draft inserts “to” here.

   Livingston presumably referred to his essay asking “Whether it will be advantageous to France to take possession of Louisiana?” (see ibid., 3:470 n. 3).

   Miscoded “attriopted”; interlinear decoding has “attributed.”

   For Livingston’s earlier comments on the Netherlands, see his letters to JM of 2 Nov. 1802 and 3 June, 30 July, and 14 Oct. 1803 (ibid., 4:76–80, 5:52–54, 250–53, 525–27).

   Miscoded “Jerold”; interlinear decoding has “Jerome.”

   Miscoded “for 874d,” which has no equivalent; interlinear decoding has “forwarded.”

   Miscoded and interlinearly decoded “va.”

   Miscoded “super”; interlinear decoding has “sure.”


Title: To James Madison from the Right Reverend James Madison, 11 December 1803
From: Madison, James (Reverend)
To: Madison, James

Dr. Sir
Decr. 11th. 1803 Williamsburg.
I inclose two papers, which I will beg the Favr. of you to give to Dr. Thornton.
I really have no Memorandum of the Date required; nor is [it] at all essential. You can come near eno’ to the Time, as it was, probably, about the Middle of Novr. John mentions in his Letter your Goodness in paying to him 60$.
Since I wrote to you respecting the Pretensions of Maryland, finding some Difficulty in getting a Meeting of the other two Commrns., I resolved to frame a Report. from the Materials which I had collected, & have forwarded it to Richmond. I think I have demonstrated the Invalidity of such Pretensions; & I hope the other Gentn. appointed to investigate the Subjects will also give in their Ideas upon it. I am sure, could you have commanded the necessary Time, that your Observations would have been most useful. You mistook me as to what I said relative to Mr Jefferson. I did not propose that any Application should be made to him for assistance; but observed, that he had aided me with very useful Information upon the Subject; & which I recd. as a great Mark, not only of that uncommon general Information which he has stored up, but as an additional Proof of the Goodness of his Disposition in a prompt Communication of whatever is important & interesting. If this can be mentioned to him, en passant, or casually, it might be well; as a second application to him, I fear, woud appear too intrusive.

The opposition to the whole of the Louisiana Business is, to my Mind, astonishing. If we suppose the opponents honest in their Intentions, we might wonder at their Stupidity; but they prove, by their Ingenuity, such as it is, that it is not Stupidity, but a miserable anxiety to detract from that Popularity, which the present administration merits, & must receive, from rendering to America so inestimable a Benefit, as the peaceable Acquisition of Louisiana, & its’ Dependencies. Mr Breckinridge, Dr Mitchell, & some others have treated the Subject very properly; & certainly, with an honest Patriotism, that ought to have borne down all opposition.
I was much obliged to you for the Account of Loua., which you so kindly forwarded. It affords the only detailed View of the Country, which I have seen; or, which has yet been published, so far as I know.
If any one should make any Inquiry relative to our College, I will thank you to communicate, that it is in a state of perfect order; that the late Regulations have produced, & I am assured, cannot fail to continue to produce the most beneficial Effects. The system now adopted is that of Excision, rather than of Restriction; tho’ the latter is not neglected. But, we will never, again, permit a student to continue here, a single Day, after he has shewn the least Disposition to Idleness & Irregularity. Nothing but the Adoption of this system, & the Hope I have of its good Effects, could have detained me here. With best Regards for Mrs Madison, I am, my dear sir Yrs. sincerely & affectionately
J Madison

   RC (DLC). Docketed by JM.

   Enclosures not found.

   See Bishop Madison to JM, 18 Nov. 1803.

   See Bishop Madison to JM, 14 Nov. 1803.

   JM had probably sent the bishop a copy of An Account of Louisiana, Being an Abstract of Documents, in the Offices of the Departments of State, and of the Treasury (Washington, 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). 5196).

   Following student riots in 1802, Bishop Madison and the board of visitors of the College of William and Mary had instituted new regulations making suspension or expulsion the only punishment for any infraction, however mild or heinous (Susan H. Godson et al., The College of William and Mary: A History [2 vols.; Williamsburg, Va., 1993], 1:181, 184).


Title: From James Madison to Aaron Burr, 11 December 1803 (Abstract)
From: Madison, James
To: Burr, Aaron

11 December 1803, Department of State. “J. Madison presents his respects to the vice-president, who will find in the enclosed the information afforded by the office of state on the subject of former amendments to the Constitution. Mr. Beckley recollects, that in one of the instances, copies equal to the number of the states were made out in the clerk’s office of the House of Representatives. In the other, I understood from him that the copies were not furnished to the executive; but it does not appear, from any thing in the office of state, whether this was or was not the case.”

   Printed copy and printed copy of enclosure (Davis, Memoirs of Aaron Burr [1971 reprint], 2:259–60). For enclosure, see n. 1.

   JM enclosed a 10 Dec. 1803 letter from Jacob Wagner, which reads: “I find that all the amendments to the Constitution, though none of them are signed by the president, have been enrolled in this office. I do not find that the first set was forwarded by this department to the states, though the president was requested to communicate them, as appears by the journals. The last amendment was forwarded by the secretary of state, by direction of the president, to the governors of the states.

   “The vice-president called this morning and stated two questions, which I was then unable to answer, viz., Whether the enrolment took place here, and whether the amendments were forwarded to the states from hence?

   “It is to enable you to give him satisfaction on these points that I have written this.” For an explanation of the distribution and filing of the constitutional amendments, see Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:804–6.

   Burr’s inquiry doubtless was prompted by the passage on 9 Dec. 1803 by the House of Representatives of the Twelfth Amendment, regulating the casting of electoral ballots for president and vice president (Journal of the U.S. House of Representatives, 8th Cong., 1st sess., 190–91).


Title: To James Madison from Aaron Burr, 12 December 1803
From: Burr, Aaron
To: Madison, James

12 Dec: 1803
Mr. Burr’s respectful compliments—thanks Mr Madison for his communications on the authentication and transmission of propositions for amends. of the Constitution. Mr B. infers that the copies will be certified from the office of Secretary of State.
He requests to be informed whether the U. S. have a consul at St. Jago of Cuba & of his name & address. Mr B. wishes to make a small remittance to a worthy & much distressed french refugee at that place. Can Mr M. advise how it may be done?

   RC (DNA: RG 59, ML). Unsigned.

   JM to Burr, 11 Dec. 1803.

   A State Department memorandum dated 13 Dec. 1803 notes that the department “Put into the Post Office the Presidents Letters of this date with certified copies of the Amendment of the Constitution in relation to the election of the President and Vice President, addressed respectively” to the governors of Georgia at Louisville, South Carolina at Columbia, North Carolina at Raleigh, Pennsylvania at Lancaster, Ohio at Chillicothe, Virginia at Richmond, New Jersey at Trenton, Rhode Island at Providence, and New Hampshire at Concord, adding: “That to the Governor of Kentucky was this day forwarded by express.” On 14 Dec. “other letters with similar enclosures were put into the Post office” for the governors of Massachusetts at Boston, Connecticut at Lebanon, Maryland at Annapolis, Delaware at Dover, New York at Albany, Vermont at Bennington, and Tennessee at Knoxville. “Duplicates of those for Ohio, Tennessee & Georgia were sent on the 21st. of December 1803” (DNA: RG 59, DL, vol. 14).

   The U.S. consul at Santiago de Cuba was Josiah Blakeley. The person to whom Burr wished to send a remittance was probably either French merchant Louis Sansay or Sansay’s wife, Leonora, with whom Burr had had an affair (Kline, Papers of BurrMary-Jo Kline, ed., Political Correspondence and Public Papers of Aaron Burr (2 vols.; Princeton, N.J., 1983)., 2:703 n. 3).


Title: To James Madison from Augustus B. Woodward, 12 December 1803
From: Woodward, Augustus B.
To: Madison, James

Letter not found. 12 December 1803. Calendared as a two-page letter in the lists probably made by Peter Force (DLC, series 7, container 2).


Title: From James Madison to James Monroe, 13 December 1803
From: Madison, James
To: Monroe, James

Sir,
Department of State 13th. December 1803.
You must be already acquainted with many of the circumstances respecting the purchase made in France by General Ira Allen of a quantity of Arms and field pieces which on their passage to the United States were captured towards the close of the year 1796 by the British Ship of War Audacious. General Allen having requested a recommendation of his interest to your patronage, I the more readily give it, as according to the proofs he has produced, the interruption of his voyage was not confined in its effects to his private concerns, but operated to deprive the Militia of Vermont of a supply of the articles which formed the object of his Speculation. In the enclosed statement and remarks he has entered so fully into the details of the transaction and the reflections arising out of it, that on comparing them with the information which Mr. Erving may obtain for you from the proctor who has the management of the business, you will be enabled to appreciate its merits and ascertain its present state. The letter from the Department of State to Mr. King of which a copy is herewith enclosed must have long ago satisfied the British Government that the arms and Artillery were really intended for the militia of Vermont and not for any hostile purpose against their Dominions. How justice has happened to be so long delayed, whether from the tardiness of the Courts or any laches imputable to the claimant is to be ascertained best at London; but if the latter has not been in fault, the delay which has taken place amounts almost to a refusal of justice and in its effect may produce consequences equally injurious, as Messrs. Bird, Savage and Bird who were bail on the return of the arms to General Allen, and to whom he therefore mortgaged and was compelled to deliver them as a counter security, have lately failed after having sold them. I have the honor to be, Sir, With great consideration your most obed. servt.
James Madison

   RC and enclosures (DNA: RG 76, Preliminary Inventory 177, entry 197, Great Britain, Convention of February 8, 1853, Case Files of Claims of U.S. Citizens, box 5); letterbook copy (DNA: RG 59, IM, vol. 6). RC in a clerk’s hand, signed by JM. For enclosures, see nn. 1–2.

   The enclosure (28 pp.) is a copy of Allen’s 25 Sept. 1802 statement of the events pertaining to the 20 Nov. 1796 capture by the British of the ship Olive Branch, in which Allen was transporting muskets and cannon from France to the U.S., ostensibly for use by the Vermont militia. The ship was ordered restored to the owners, but the British initially held the cargo, suspecting that the weapons were to be used in an invasion of Canada. For the background of Allen’s case, see J. Kevin Graffagnino, “‘Twenty Thousand Muskets!!!’: Ira Allen and the Olive Branch Affair, 1796–1800,” WMQWilliam and Mary Quarterly., 3d ser., 48 (1991): 409–31.

   The enclosure is an extract (3 pp.) from Timothy Pickering to Rufus King, 16 June 1797, expressing the support of the U.S. government for the return of the arms to Allen (printed in Ira Allen, Narrative of the Transactions relative to the Capture of the American Ship, Olive Branch [Philadelphia, 1804; Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5684], pp. 262–63).

   For the bankruptcy of Bird, Savage, and Bird, see George Erving to JM, 7 and 9 Feb. 1803, and Rufus King to JM, 7 and 9 Feb. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 4:305, 313, 306, 315).

   Annexed to a copy of a 29 Apr. 1797 letter from Gov. Thomas Chittenden of Vermont asking Senators Elijah Paine and Isaac Tichenor and Representative Matthew Lyon to apply to the British minister on Allen’s behalf is an 8 Dec. 1803 certification by JM stating that the original was filed at the State Department (printed in Allen, Narrative of the Capture of the Olive Branch [Shaw and ShoemakerR. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). 5684], pp. 357–58). A copy of Isaac Tichenor to Timothy Pickering, 21 Apr. 1797, states that although legislative records did not show that the legislature of Vermont had ordered Allen to purchase the weapons, “it was reported and believed” that Allen had been so ordered by Governor Chittenden. A 14 Dec. 1803 certification by JM states that the original of this letter was also filed at the State Department (printed ibid., pp. 358–60).


Title: To James Madison from the Right Reverend James Madison, 13 December 1803
From: Madison, James (Reverend)
To: Madison, James

My dear Sir,
Decr. 13h. 1803. Williamsburg.
I recd. by the last Post your Favour of the 4h. Inst., together with the inclosed Note, which was perfectly satisfactory.
I thank you for your Communication respecting the Presidency in the Phila. University. Dr Logan had written to me upon the Subject; but I requested him not to consider me as a Candidate; nor to permit me to be voted for at the Election. Instead of desiring to engage in more active Scenes, even where the Temptation might be much greater, than the proposed Station presents, I am anxious for Retirement. But when, or how that desirable object is to be attained is the Difficulty. Yrs. sincerely & affy.
J Madison

   RC (DLC).

   Letter not found.


Title: To James Madison from Robert W. Fox, 13 December 1803 (Abstract)
From: Fox, Robert W.
To: Madison, James

13 December 1803, Falmouth. “The Ship Governor Strong arrived off this port yesterday & my Clerk brought onshore dispatches for James Monroe Esqr: Minister at London. I have forwarded the dispatches ⅌ post, & the large packet which I apprehend contained newspapers, as it was not to be put in the post office I forwarded it ⅌ Coach.
“Since my last respects nothing particular has occured hereaway. The Ships of the United States continue to enjoy a preference of freight to any other neutrals.
“The French have not attempted as yet to invade this Country & its supposed by many that most of the ports of Holland are frozen up with the late severe weather—its now more moderate.”

   RC (DNA: RG 59, CD, Falmouth, vol. 2). 1 p.; in a clerk’s hand, signed by Fox; docketed by Wagner.

   Filed with this letter is a copy of Fox to Monroe, 13 Dec. 1803 (2 pp.), notifying Monroe of the arrival of the dispatches and informing him that several American ships had been placed in quarantine and charged the quarantine duty, which Fox argued ought not to be charged on ships that did not discharge their cargoes in Great Britain.


Title: From James Madison to Aaron Burr, 14 December 1803
From: Madison, James
To: Burr, Aaron

Decr. 14. [1803]
Mr. Madison presents his respectful compliments to the Vice President. There was about two years ago a Consul at St. Jago, since which nothing has been heard from him; such characters not being tolerated by the Spanish Govrs. in times of peace. He was also involved in such a manner with the local authorities as to render it questionable how far he could be prudently used for the purpose entertained by the Vice President. Mr. M. cannot refer to any particular channel of making a remittance, but he thinks it probable, the Marquis d’Yrujo can. Perhaps he may be able to comprehend it in his own pecuniary connexions with the Havanna.

   RC (NjP). Unsigned. Year assigned on the basis of Burr’s docket, “14 Dec. 1803,” and the contents of Burr to JM, 12 Dec. 1803.


Title: To James Madison from James Monroe, [14] December 1803
From: Monroe, James
To: Madison, James

No. 18.
Sir
London, December [14] 1803.
I have just received your circular letter of October 22d. with a copy of the President’s message to the Congress at the commencement of the session. It is with the highest satisfaction I learn, that the treaty and conventions with France are ratified by the President with the advice of the Senate; that the ratifications are exchanged; and that the ceded territory will be taken possession of immediately by our troops. These events are of incalculable advantage to our country, as they secure to us the great object on which its happiness is so dependant. By taking possession of the territory the business may be considered as essentially concluded. It is impossible that we should ever be disturbed in the enjoyment of it. Spain will never be able to molest us, if she should have the inclination: nor can any other power be so disposed, if it had the ability. The promptitude and decision with which the object is pursued, will I am persuaded reflect much honor on our councils, while it produces the happiest effect in our concerns with every European power. Had the President hesitated to take possession of the country, other powers might have been prompted thereby to intermeddle in the affair. Good offices might have been offered us by some to pursue the object; while she might have been encouraged by others to oppose us in it. But by taking immediate possession, all political calculation or speculation respecting either party is at an end. We want no aid of any power to secure us in it, and certainly none will be offered her to turn us out of it. Our title under our treaty with France is as good to Louisiana, as it is under our revolution and charters to any portion of the Old States, and I would as soon submit to negociation a question relative to the one as the other.
The President’s message to Congress has I think produced a good effect here. It has been published in all the papers and criticised in one only, which is inclosed. A principal ground of objection in that is, the application of the term “enlightened” to the government of France, which the writer tortures into the expression of an Opinion on the merits of the controversy between these powers. The sentiment has not been adopted by any other editor, nor have I heard it expressed in conversation. All impartial persons seem aware that the phrase is applicable only to the great transaction between the two countries, to which it specially refers, and tho’ a handsome, was nevertheless a fair and candid comment on the motives which govern⟨e⟩d the councils of France in the part she acted in it. The Strong manner in which it announces a resolution to observe an impartial neutrality in the present war, and to cultivate the friendship o⟨f⟩ the parties to it, by fair and honorable means, appears to give satisfaction to all.
I have lately presented a note to this government on the impressment of our seamen, of which I send you a copy. It is founded as you will see on a report of Mr. Erving, which being drawn on due consideration, and appearing well adapted to the object, I did not enlarge on it. I expect soon to get a satisfactory answer to it; though as it goes to an object, in detail, of great importance to them, especially at this moment, it is natural to infer that it will be referred to the Admiralty, and be a subject of much deliberation in their councils. In conversations with the Ministers which were frequent before the note was presented, I had assurances that any communications I might find necessary to make them on the subject would be duly attended to. I thought it better to present a note than to rely on informal conversations alone, since altho’ by the latter mode occasional accomodations, in special cases, may be obtained, yet by the former only can any useful principles or regulations be established for the common interest and harmony of the two countries. You will, I am persuad⟨ed,⟩ find by the communication, that altho’ our rights and views are sufficiently explained and vindicated, yet no specific point is positively insisted on. If this government accedes to what we have a just right to claim, its conduct will be the more deserving of our esteem, since by the mode of application it will be the more voluntary, than under a stronger pressure. By the mode nothing is conceded on our part, so that I have it in my power to take the course which you shall instruct, on a view of all the circumstances which merit attention, in the present juncture of affairs.
Whether Russia or any other power will take part in the war seems to be quite uncertain. Great reliance has been placed on Russia here of late, but not on ground sufficiently satisfactory that I have seen; tho’ it is possible that others may be better informed on that head. All the powers on the continent, especially those in the neighborhood of France, were so exhausted by the late war, that I am persuaded they will not embark in it, unless some very favorable occasion should invite them, or urgency in other respects make it inevitable. Much may depend on the issue of the projected invasion, whether it succeeds, fails, or is declined: and as much must depend also in either case on the circumstances attending it, it would be vain to hazard any Conjecture on events so contingent. I see no symptom which indicates any immediate change being likely to take place in the Ministry; nor is there any thing more doubtful, than of what characters it woud be composed should one take place. The respective parties, at whose head are Mr. Pitt and Mr. Fox, have opposite views. The first seems to be friendly to a vigorous prosecution of the war, and a support of the high prerogatives of the crown; the second to peace and a reform. The ministry seems to have compromitted itself with neither as yet, while by pursuing the war it has the support in a certain degree, of the first, and by its moderation and amiable deportment, in a certain degree also, of the other; so that any conjectures on this point would likewise be equally vague. I am happy to observe that I see no reason to suppose that there would be any alteration in the conduct of this government towards us under any change which might possibly take place in the Ministry. I am, Sir, with great respect and esteem, Your most obedient servant
Jas. Monroe

   RC and enclosures (DNA: RG 59, DD, Great Britain, vol. 12); letterbook copy and letterbook copy of enclosure (DLC: Monroe Papers). RC in a clerk’s hand, signed by Monroe; docketed by Wagner as received 29 Mar. RC dated December 1803; date assigned on the basis of Wagner’s docket on enclosures. Letterbook copy dated 15 Dec. 1803. For enclosures, see nn. 2 and 3.

   PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:562.

   Monroe presumably enclosed a copy of the 8 Dec. 1803 London Courier and Evening Gazette, which contained an editorial criticizing Jefferson’s 17 Oct. 1803 message to Congress as laudatory of France and condemnatory of Great Britain. The editor commented that France gave up Louisiana “that she might be the more able to fight Great Britain, not that she might do justice, or promote the ‘interests’ of the United States.”

   Monroe enclosed a copy of Monroe to Hawkesbury, 28 Nov. 1803 (1 p.; docketed by Wagner; letterbook copy dated 29 Nov.), with which Monroe transmitted “a communication from Mr. Erving, consul of the United States for the port of London, and agent for the relief and protection of their seamen.” Monroe believed the subject merited early attention and trusted that the British government would adopt such measures as would “comport with the reasonable and just claims of the United States.” Monroe also enclosed two copies of Erving to Monroe, 5 Nov. 1803 (first copy 10 pp.; docketed by Wagner as “rec’d in J. Monroe’s 14 Decr. 1803”; second copy 7 pp.; docketed by Wagner as “Recd. in J. Monroe’s No. 18”), in which Erving informed Monroe of all that had occurred relative to U.S. interests since the commencement of the war so that Monroe might decide what measures to pursue for the more effective security of U.S. citizens and protection of U.S. navigation. Erving enclosed an abstract from his registry (not found) showing that since 12 Mar. 1803 he had applied for the release of 606 seamen claiming to be U.S. citizens, of whom 140 had been discharged. The remainder were detained for various causes or else the applications had not yet been answered. He stated that he had applied for discharge on the best evidence the men provided of citizenship but that the Admiralty held different ideas of citizenship from his own. Erving based his applications on the following grounds: (1) The seaman was taken from an American vessel. (2) The seaman had a special protection from the collector of customs in a U.S. port according to the form prescribed, or (3) he had been included on the certified crew list required by the law passed by the last Congress, from which he enclosed an extract (not found), which became effective on 1 May. The required list included the physical description, place of birth, and residence of every crew member and was issued by the customs collector on the master’s oath. Or (4) the seaman had a certificate from a U.S. consul. Many men had these because they were at sea when the war broke out and therefore did not have certificates of their own and were not named on a crew list. Consuls being official characters, Erving argued, consular certificates should carry as much weight as any other official document. Many consuls in British ports had been issuing certificates on sufficient proof to U.S. sailors who were without protections.

   The Admiralty had rejected presence on a U.S. vessel, inclusion on the crew list, and possession of consular certificates as reasons for discharge. Collectors’ certificates were admitted with frequent exceptions, such as minor discrepancies in physical descriptions. Men who had taken the king’s bounty or married and settled in Great Britain were also rejected. British subjects who had taken salaries or signed contracts to serve on U.S. ships or married and settled in America were not excused from British service. If the principle by which the British seized men was sound, Erving argued, it should be reciprocal. The impressments had stripped U.S. ships of crews and in some cases endangered both ship and cargo. Vessels entering the Thames had frequently been deprived of so many men that the masters had to hire others just to get up to London.

   Erving submitted, from among the great number of letters, certificates, protests, and various representations, the following (not found): “Paper No. 2” was the protest of Captain Williston of the Superb of Philadelphia, enclosed in a letter from Mr. Moyle, consular agent at Portsmouth. Williston’s brother and five other men were impressed from the Superb, which was fired on by the British vessel Galatea. Williston was forced from his ship by armed men, personally abused, and cut with a saber on board the Galatea. Stores were taken from the Superb by members of the Galatea’s crew. “Paper No. 3” was a letter from Captain Colley of the ship Monticello, describing the abusive treatment he received from Captain Parker of the British ship Amazon. The Monticello was taken off course and deprived of a seaman by Parker and later had four more men taken by Capt. Lord Proby of the Amelia. Colley could not proceed on his voyage for want of hands. “Paper No 4” was the protest of Captain Bowditch and the mate of the brig Mary of Connecticut, stating that two crew members had been impressed by Captain Sutton of the Mars. Bowditch was forced to draw bills of exchange for the wages of the men taken. “Paper No. 5” was a letter from Capt. Alexander Thorndike of the ship Alexander Hodgson. Captain Richards of the Victorieuse detained the Alexander Hodgson for adjudication, refused to send the ship into the nearest port, and took the whole crew, officers excepted, from the ship and forced them to work on the Victorieuse. Thorndike said he had been notified that his entire crew would be detained for British service unless he produced proof of their citizenship, which he could not do, having left the U.S. in a time of peace. The certified crew list had been taken by Richards. “Paper No. 6” was the protest of Elijah Smith of the ship Mercury, boarded in the river by an impress boat under a Mr. Scott and a naval lieutenant. Smith was treated abusively, and crew members of the impress boat fired on the Mercury with muskets. The impress officer came on board, threatened to kill Smith, then compelled him into the boat along with passengers Dewees, “a very reputable Merchant of Baltimore,” and Avery. Dewees was afterward “hoisted out of the boat, by a rope fixed round his Neck, and by which he was nearly strangled.” With the paper was a letter from Dewees confirming Smith’s statement and the certificate of Lancelot Atkinson, a British passenger, confirming both statements. “Paper No. 7” was a letter from Moses Inglee of the Eliza of Massachusetts, “setting forth the Violence of Captain Reed of the Private Ship of War James of Liverpoole and stating that sundry articles were taken from his Ship by the People of the James.” “Paper No. 8” was “the Affidavit of William or James Orn or Orr,” stating that he had been held on board the Charger under Captain Blow, “who to compel him to enter threatne⟨d to⟩ flog him.”

   Erving had endeavored to obtain from the Admiralty the precise rules they followed with regard to the U.S. but had been unable to do so. He had made no representation “On t⟨he⟩ Subject of the aforestated and other outr⟨ages⟩,” thinking them of a nature more properly to be laid before Monroe.


Title: To James Madison from William Cooke, 15 December 1803
From: Cooke, William
To: Madison, James

Havana 15th. Decr. 1803.
Endeavouring to act in strict Conformity to your kind advice, in the case I have depending with the intendant General of this Island. After returning to America and adviseing you from Charleston, of the reasons; that had induced me, not to go to Madrid—I determined on coming to this place to see whether, the Tribunal to which I had appealed—Had been Organized or not—& if Organized to ascertain whether they meant to take my case under their Consideration.
On my arrival I found that the late Intendant, Viguri had in consequence of the many Complaints, exhibited against him been called to Spain—and an express order from his Catholick Majesty for the Tribunal of “El Tribunal de las Cuentas” to be immediately form’d & to proceed to an immediate revision of the many unjust Decisions passed by the Intendant General.
On my arrival Sir, I found the Tribunal setting. & my case the first before them. On my arrival being made known to them, they made known to me, thro’ the Channel of an influential friend that my case had been reviewd, & found to be a case replete with injustice Cruelty & rigour. That it would be extremely important, if I could Obtain from my own Government a remonstrance against the injustice & enormities of the Case—if I could—that in all probability I might obtain such Compleat justice here—as to render an Appeal to Madrid unnecessary. My friends who have borne me up under this Calimity have urged me to make my application to you. & to implore & Suplicate you, Sir, to make such efforts in my behalf as in you[r] Superior Wisdom, & that of the Government may be judged prudent, & proper. Having given assurances that I had made my application to you—the Final Decision will be put off 2 or 3 months—I have therefore to implore that you will be pleased to weigh the case maturely—& then such requests as you may be pleased to make in my favor may be sent by way of New York Philadelphia & Copies sent to me, to the care of the Post Master at Darien, in Georgia. Those, that you may be pleased to forward direct to this place to be under Cover, to my friend Dn. Martin Madan—merchant here. I implore God to bless you with Honor & happiness and remain with most profound respect. Your mo. obedt. Servt.
Wm. Cooke

   RC, two copies, and FC (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Article XI] [Spoliation], Disallowed Claims, vol. 47). First RC docketed by Wagner: “Spoliations / recd. 9 Jany.” Second RC docketed by Wagner. Differences between copies have not been noted.

   See Cooke to JM, 12 July and 1 Oct. 1803 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 5:167–68, 482–83).


Title: From James Madison to Albert Gallatin, 15 December 1803 (Abstract)
From: Madison, James
To: Gallatin, Albert

15 December 1803, Department of State. “Be pleased to issue your Warrant on the appropriation for the Contingent expences of the Department of State, for two hundred dollars, in favor of Christopher S. Thom: he to be charged and held accountable for the same.”

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

   JM made a similar request for four hundred dollars on 7 Feb. 1804 (ibid.).


Title: From James Madison to William Lattimore, 15 December 1803 (Abstract)
From: Madison, James
To: Lattimore, William

15 December 1803, Department of State. “The Secretary of State presents his respects to Dr. Lattimore and encloses him a Note made by the Secretary of War [not found] respecting the questions contained in the Doctors letter of the 7th. inst. [not found]. With respect to the first of those questions, if a further elucidation should be requisite, the Secretary of the Treasury may prehaps [sic] have it in his power to give it.”

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


Title: From James Madison to Charles Haumont, 16 December 1803
From: Madison, James
To: Haumont, Charles

Sir.
Department of State. Decr. 16th. 1803.
I have received your letter of the 20th. Ult, and assure you that it would give me pleasure to contribute to the means of restoring you to your friends and Country. The Official dispatches of this Government being entitled to inviolable security in passing to their destinations, it must be an important concern not to include among them papers which might injure or give just offence to the warring powers. It is therefore usual to receive the letters of individuals, intended to be forwarded with them, open and subject to inspection: and among other subjects which would not be suitable topics for letters admitted to this mode of conveyance, would be communications respecting the improvement of the Military System or conduct of the War and applications for appointments in the contending armies. With such conditions I will charge myself with your letters and forward them to Paris in the manner you request, and your candour and intelligence will satisfy you that they are indispensible. I am &c.
James Madison.

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

   Letter not found. Haumont was a French veteran who claimed to have fought in the American Revolution. In 1809 and 1810 he was living on Sapelo Island, Georgia (Haumont to JM, 25 Apr. 1809 and 29 Jan. 1810, and Charles Harris to JM, 30 Mar. 1810 [PJM-PSRobert A. Rutland et al., eds., The Papers of James Madison: Presidential Series (4 vols. to date; Charlottesville, Va., 1984–)., 1:137, 2:212, 292 and n.]).


Title: To James Madison from Richard O’Brien, 16 December 1803
From: O’Brien, Richard
To: Madison, James

Esteemed Sir.
Algiers The 16th. of decembr. 1803
On the 13th Inst. The report of the misfortune of The Philadelphia & Capt Bainbridge reached us at Algiers and was yesterday Confirmed.
It must be evident to our govt. that They have but two Courses to steer Money or balls—if The former I would allso ransom the frigate, and if we attack tripoli we Should get our soundings from Comodore Preble and Captain Bainbridge. This Should be done with force of frigates. Gunboats. 3. or 4 flottants. Vessels Cut down to draw but 12 feet water to Enter the port of tripoli. to have also 4 Thod. men to land after the marine battery Was silenced in order from these allso to Blaze on the town and the Paschas Castle or Pallace. This Event will convince Govt that ships should not be employed Singly on the Coasts of Barbary, with every large ship there should be a small Corsair As the port of tripoli has not sufficient depth of water for the Philadelphia to belong to that Port and under this consideration I apprehend that Tunis or Algiers will try and Purchace said frigt. from The Pasha of tripoli that is if she is got of[f]. This would be apt to throw us into difficulties with either of these 2 powers. We should not give Said Ship a passage from tripoli either as a Tunisian or Algerine property & if obtained raisonable we should Make it a point to ransom allso the frigate.

$

Suposed Terms—278 men at 600 $ Each is
166800.

29 officers at 4 Thod. $ Each is
116000.

frigate at
 150000.

for Extraordinarys
$432800

Tripoli affairs UStates
  68000

$500800

I should suppose the Pascha would accept those terms independant of a peace, but it must be evident to you the bad policy of now Searching for a peace—on the contrary we Should make a powerfull Exertion, in an attack on tripoli & if not with Success Sooner Than Thus be humbled to Barbary with draw our affairs from the 3 Regencies. A small division at Gibraltar gives us all The requisite security in The W. Ocean—no doubt but before long those States will have a Change in their System if we withdraw, they will Commence On Some one Else.
By the Currier from Spain that arrived here a few days past I find portugal has offered for peace and ransom One-Million Three hundred thousd. $—this is a great Sum—and Sufficient to induce the dey—to accept & have the W Ocean Clear to his Corsairs—and Commence—Spoilations on Some ones Commerce. This Should induce Us to build The 74 Guns Ships & 6 large frigts. and 12 light Corsairs and to make us take on an attitude a great Country with out A marine force ⟨as⟩ a great exertion against A weak power—excuse The liberty I take with you in Thus Communicating My Sentiments. Sir I am respectfully Yr. Most Obt Servt.
OBrien
NB. Those terms to Tripoli would be giving a bounty to him to break with 4 powers one after The other & allso—would oblige us to give doucers to Algrs. & Tunis ransom & Peace 500. Thod. fathoms

   RC (DNA: RG 59, CD, Algiers, vol. 6). Docketed by Wagner as received 29 Mar.


Title: From James Madison to John Quincy Adams, 16 December 1803 (Abstract)
From: Madison, James
To: Adams, John Quincy

16 December 1803. “Having transmitted to Mr. King, the inquiry contained in your letter of , I have received the answer of which a copy is inclosed. The office of State possesses no further information on the particular point in question with the Committee.”

   RC (DNA: RG 46, Foreign Relations, 8B-B2). 1 p.; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:590.

   Blank left in RC. See JM to Rufus King, 4 Dec. 1803, and n.

   The enclosure was King to JM, 9 Dec. 1803.


Title: To James Madison from William C. C. Claiborne, 17 December 1803
From: Claiborne, William C. C.
To: Madison, James

(Private.)
Sir,
Camp Near New-Orleans December 17’th 1803.
I arrived here this evening about 24 hours after the Troops had disembarked. They had favorable weather, and a short passage from Fort Adams. My detention was occasioned by an accident on the River; The Schooner in which I sailed ran aground at Point Coupee; and I had to proceed hither, with the other Gentlemen on board, in a small Boat much crowded and exposed to the weather. I have however the satisfaction to learn that my separation from the Army has occasioned no delay, or any inconvenience in the business of the Commission.
General Wilkinson & myself propose waiting upon the Préfect Tomorrow, in order to present to him a Copy of our Letters of Credence, and to adjust Ceremonials as to the manner of taking possession. Every thing is quiet, the Prefect has preserved the most perfect order in the City & its vicinity, & I persuade myself that in three Days the American Flag will be raised, amidst the shouts of a grateful People. Accept assurances of my Esteem & Respect
William C. C. Claiborne

   RC (DNA: RG 59, TP, Orleans, vol. 2). Franked at Natchez, 27 Dec.


Title: To James Madison from James Leander Cathcart, 17 December 1803 (Abstract)
From: Cathcart, James Leander
To: Madison, James

17 December 1803, Leghorn. “Enclosed with this is my acct: curt. with the United States for the ammount of $44,550 the whole of said sum being accounted for & the vouchers forwarded to the Department of State, except the ballance which is in favor of the United States $5854 82/100 which shall be accounted for when I make out my acct: of disbursements for this year; & lest some of my good friends should class me with those who hesitate to acct: for public money entrusted to them I think it necessary to inform you that the reason it is not accounted for now is because I do not know what salary to charge the United States for my services since the date of my Commission as Consul general at Algiers, consequently I have charged none, for I hardly can imagine that government expects that it is possible for me to live in Italy on my small salary & I have never receiv’d a cent for out fit or on any other consideration since I have been in public service, notwithstanding I have been thrice, nearly round the mediterranean on public business.” Has appointed John Woodside of the Treasury Department as his agent at Washington and will delegate to him the power to settle all accounts between Cathcart and the U.S. Awaits the president’s orders.

   RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 2). RC 2 pp.; docketed by Wagner: “His general account.” For enclosure, see n. 1.

   Cathcart enclosed a statement (1 p.) showing that he had received $24,000 from Commodore Richard Morris, $500 from an order written by Nicolai C. Nissen on Leghorn, $20,000 from bills drawn by Cathcart on Degen and Purviance at Leghorn, and $50 from Tobias Lear, and that he had expended $3,341.98 for debt due him from the U.S. government, $17,353.20 for jewelry, watches, and sundries, $14,000 in cash to Lear, and $4,000 in cash to Nissen for support of the American prisoners at Tripoli, leaving a balance in the government’s favor of $5,854.82.


Title: From James Madison to Rufus King, 18 December 1803
From: Madison, James
To: King, Rufus

private
Dear Sir
Washington Decr. 18. 1803
I have rec’d. & communicated to the Committee of the Senate the information contained in your favor of the 9th. which clearly shews that the Convention of May 12, with G. B is not to be construed by any reference to that of Apl. 30. with France.
I am mortified at troubling you on a subject which more than any other, is in itself unworthy the attention of either of us, but which is obtruded on mine by sensibilities in others which neither public prudence, nor social considerations will allow to be disregarded. Since the arrival of Mr. Merry & his lady, several points of acrimony have started up, with respect to which it will be convenient to learn the usage abroad, particularly in England, where your situation must have involved some acquaintance with it. Will you allow me then to ask the following questions?
1. On the arrival of a foreign Minister, is the first visit paid by him or the Ministers of the Country? 2. To which is the precedence given in scenes of a more public ceremony, and of ordinary hospitalities? 3. Is the order of attention precisely the same in the case of ladies, as of their husbands?
Our wish would be to unfetter social intercourse as well as public business, as much as possible from ceremonious clogs, by substituting the pell mell; but this may be rendered difficult by the pretensions & expectations opposed to it. And as it is proper that we should not be behind other nations either in civility or self-respect, it is well to know the manner in which other nations respect both us & themselves. This information will be pertinent, whether a reciprocity be the object, or the right, possessed in every country be exercised, of establishing a practice for itself.
To enable you to give the apter shape to your answer to the third enquiry, it may be proper to remark, that it refers among other pun[c]tilios to that long used at the Presidents, as well as elsewhere, of selecting the lady first handed to the table. In general this mark of civility has been shewn to the ladies of foreig⟨n⟩ Ministers; but was it seems disapproved & at one time varied by the last President. The practice of the present has been different, without however adverting to precedents, or rather supposing it to be conformable to them, and without an intimation of discontent any where, till the late occasion, which has produced it from several quarters.
I will thank you not to delay your answer longe⟨r⟩ than your conveniency may require. I would have preferred waiting till I have the promised pleasure of seeing you here, but that you make the state of the weather a condition of your visit, and that some occasion may in the mean time arise, on which the information asked, may be apropos. With great respect & esteem I remain Dear Sr Yr mo: Obedt. Sevt.
James Madison

   RC (NHi: Rufus King Papers). Docketed by King: “Etiquette.”

   Jefferson’s institution of pell-mell seating at dinner parties and JM’s conformation to that method had led to situations which the Merrys found “truly distressing.” Although Merry initially stated that he had “no reason to believe that it has been their Intention to shew a particular Disrespect to His Majesty,” he later came to believe the administration’s actions were due to “a studied Design (possibly with some view to their internal Politics) to degrade the Character of a Foreign Minister” (Merry to Hawkesbury, 6 and 31 Dec. 1803 [PRO: Foreign Office, ser. 5, 41:54–57, 92–94). For a description of the incidents involving the Merrys, see Lester, Anthony Merry Redivivus, pp. 34–38.


Title: To James Madison from William C. C. Claiborne, 20 December 1803
From: Claiborne, William C. C.
To: Madison, James

Sir
New Orleans Decr. 20th 1803.
The letter from the American Commissioners will inform you that we are now in possession of this City; and I hasten to inform you of the measures which I have taken as Governor of Louisiana. A proclamation of which the enclosed is a copy was issued by me immediately after the surrender of the province. You will observe that it is silent concirning the Militia (a subject deeply interesting to the feelings of many here); as, for many reasons I am induced to await a further acquaintance with the nature of the present establishment, before I attempt an organization of that force.
I also enclose for your perusal a copy of a short address from myself to the citizens of Louisiana: and I persuade myself that the sentiments I have conveyed will meet the President’s approbation.
The standard of my Country was this day unfurled here, amidst the reiterated acclamations of thousands. And if I may judge from professions and appearances the government of the United States is received with joy and gratitude by the people. I shall write to you more fully by the next mail. At present let it suffice to say, that the surrender of the province to us, has been happily accomplished under as favourable omens as we could wish. Accept assurances of my sincere esteem And high Consideration.
William C. C. Claiborne

   RC, two copies (DNA: RG 59, TP, Orleans, vol. 2); letterbook copy and letterbook copy of enclosures (Ms-Ar: Claiborne Executive Journal, vol. 13). First RC in a clerk’s hand, signed by Claiborne. Second RC marked duplicate. For enclosures, see nn. 2 and 3.

   Claiborne and Wilkinson to JM, 20 Dec. 1803.

   Claiborne’s 20 Dec. 1803 proclamation declared the end of French and Spanish government and announced the commencement of that of the U.S. (DNA: RG 233, President’s Messages, 8A-D1; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:582).

   Claiborne’s 20 Dec. 1803 address to his “Fellow Citizens of Louisiana” guaranteed them security of liberty, property, and religion and encouraged them to “cultivate … the advancement of political information,… guide the rising generation in the paths of republican œconomy and virtue … [and] encourage Literature, for without the advantages of education, your descendants will be unable to appreciate the intrinsic worth of the Government transmitted to them” (DNA: RG 233, President’s Messages, 8A-D1; printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:583, where it is misdated 20 Sept. 1803).


Title: To James Madison from Thomas Tillotson, 20 December 1803
From: Tillotson, Thomas
To: Madison, James

Dear Sir
Albany December 20th. 1803.
It is become necessary from the proceedings in Congress that Mr. Burr should change his pursuits. In consequence of the Electors designating the Characters they vote for as President and Vice President, the field for management and intrigue is very much circumscribed. Neither Mr. Burr or his adherents can well afford to sink down to their former indigence. His only alternative is an attempt at the Government of this State, to subsist and keep together his needy followers. A step preparatory to their operations is to villify and blacken the Characters of those he cannot controul. A Specimen of his Talents in this way is exhibited in a pamphlet lately publish [sic] by him, or under his auspices, and which I suppose you have seen—amongst the charges exhibited against me, is that I came to Washington in the year 1801 in pursuit of the office of Collector of the Customs, and that my pretensions were such as to excite the laughter of the Gentlemen of the Administration for a Month after. You and Genl. Smith were the only two persons, I was then, or am now acquainted with, who composed the administration. Had I contemplated that, or any other office from the General Government you two would certainly have been the persons first addressed on the business. I would thank you for a few lines stating such facts as have come to your knowledge relating to the subject; and whether or not I applied to you, for that or any other office, at that time or since that period. If you should feel any reluctance at your name going forth to the public in a controversy like this, your answer shall be shewn only to particular friends if such your desire. I have the honor to be, Dr. Sir your most obedt. &c &c
Ths: Tillotson

   RC (DLC). In a clerk’s hand, except for Tillotson’s complimentary close and signature; docketed by JM. Addressee not indicated.

   Tillotson referred to An Examination of the Various Charges Exhibited against Aaron Burr, Esq., Vice-President of the United States, and a Developement of the Characters and Views of His Political Opponents, by “Aristides” (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). 5492). The author was Burr supporter William P. Van Ness. Tillotson, who was the brother-in-law of both Robert R. Livingston and John Armstrong, was described as a desperate office seeker who finally attained his goal in a complicated deal whereby Armstrong resigned his Senate seat, to which DeWitt Clinton was appointed, and Tillotson was named secretary of the state of New York (ibid., pp. 37–38). No evidence of a reply from JM to Tillotson has been found.


Title: To James Madison from Harry Toulmin, 20 December 1803
From: Toulmin, Harry
To: Madison, James

Dear Sir
Frankfort, 20th Decr. 1803
I feel myself much indebted to you for your favour of October the 7th and for the intimation which you are pleased to give that the offer of my services in making enquiries relative to the country lately acquired by the United States could not fail of being acceptable. Much discordancy of sentiment I find prevails on the course which ought to be taken relative to the purchased territory: but I am very happy in the expectation which present appearances lead us to entertain, that force will not be necessary to secure the acquisition. In Kentucky, however, we shall be ready, I hope, for any event. On receiving the application from the war office, the Governor of this commonwealth immediately issued orders to the commandants of regiments, to enroll their several quotas of the troops which were to be in readiness from this country, and I wrote at the same time, by his directions to all the Captains & subalterns, endeavouring to stimulate them to active exertions. Returns have been received from a considerable proportion of them and I have the pleasure to find that a sufficient number of volunteers have in a variety of instances, tendered their services: and I persuade myself that the proposition of our legislature to give every volunteer who decends the Mississippi 150 acres of vacant land will render the number greater than will be wanted.
It has been suggested to me by friends in congress whose good offices I highly value, that as a new territory is about to be established, bounding on the lakes, it is probable I might obtain an appointment in the executive or judiciary department in that country. This I should chearfully accept, though for some reasons I might give a preference to the Louisiana country: or if permanent arrangements there, should be suspended till another session, and commissioners should be appointed to explore that country, I should feel happy in being employed in that line, and of affording thereby to government a medium of judging whether the attention & ability which may be exercised were such as to merit more permanent confidence.
Believe me, Sir, that I feel some reluctance in suggesting these wishes, having been in the habit of considering it as most truly laudable and republican to suppress an anxiety for public employment: but one cannot altogether check the emotions of honest ambition, especially when entertaining the flattering, perhaps too flattering, and, it may be, unfounded idea, that it may be in one’s power to render some service to the community.
I pray you to pardon this intrusion. I know from your situation, that so many applications must be made to you, as to be often times tiresome & perhaps disgusting, and I cannot request that any of that time which is so precious to the public, should be lost in replying to, dear sir, your obliged & very respectfl. servt.
Harry Toulmin.

   RC (DNA: RG 59, LAR, 1801–9, filed under “Toulmin”). Docketed by Jefferson: “Toulmin Harry for appmt. Detroit.”

   Letter not found.

   On 24 Nov. 1803 the Kentucky General Assembly passed a resolution granting “each non-commissioned officer and private” enrolled in the volunteer militia who should “actually descend the river Mississippi” and serve out his time, unless previously discharged, a warrant for 150 acres of land in addition to other pay and emoluments. The Senate approved the resolution on 26 Nov. 1803 (Frankfort Palladium, 26 Nov. 1803; “Journal of the Senate of the Commonwealth of Kentucky,” 1803–4 [Records of the States of the United States of America (DLC microfilm ed., Ky. A.1a, reel 1)], p. 36).


Title: Circular Letter to Printers, 20 December 1803 (Abstract)
From: Madison, James
To:

20 December 1803, Department of State. “Being desirous of continuing your Gazette as a medium of promulgating the laws of the present Congress within the State of  you will find enclosed copies of the first laws passed by them. The compensation like that of the last will be at the rate of 50 Cents p. page of the Octavo edition of the laws printed at the seat of Government a specimen of which was sent you in my last. You will be pleased to inform me without delay of your determination to accept or decline the reappointment. If you accept you will commence the printing as soon as possible and during its continuance, as heretofore, forward your paper to this office free of expense as part of the Contract.”

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

   Blank left in letterbook.

   Letter not identified, but see Circular Letter to Newspaper Publishers, 19 Jan. 1802 (PJM-SSRobert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (6 vols. to date; Charlottesville, Va., 1986–)., 2:412).


Title: To James Madison from William C. C. Claiborne and James Wilkinson, 20 December 1803 (Abstract)
From: Claiborne, William C. C.,Wilkinson, James
To: Madison, James

20 December 1803, New Orleans. “We have the satisfaction to announce to you, that the province of Louisiana was this day surrendered to the United States by the Commissioner of France; and to add that the flag of our Country was raised in this City amidst the acclamations of the inhabitants.
“The enclosed is a copy of an instrument of writing which was signed and exchanged by the Commissioners of the two governments, and is designed as a record of this interesting transaction.”

   RC and enclosure (DNA: RG 233, President’s Messages, 8A-D1). RC 1 p.; in a clerk’s hand, signed by Claiborne and Wilkinson. RC and enclosure printed in ASPAmerican State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61)., Foreign Relations, 2:581–82. For enclosure, see n. 1.

   In the undated procès-verbal (5 pp.; in French and English), the original of which was enclosed in Claiborne and Wilkinson to JM, 27 Dec. 1803, the three commissioners recorded their exchange of powers and the delivery by Laussat of the territory of Louisiana to Claiborne and Wilkinson according to the Franco-American treaty of 30 Apr. 1803. Laussat also released the citizens of Louisiana from their oaths of fidelity to France.


Title: To James Madison from William Lee, 20 December 1803 (Abstract)
From: Lee, William
To: Madison, James

20 December 1803. “P the good Intent for Philadelphia I take the liberty to send you under care of the Collecter three boxes containing fruits in Brandy almonds, & prunes.”

   RC (DLC). 1 p.


Title: To James Madison from Josef Yznardy, 20 December 1803 (Abstract)
From: Yznardy, Josef
To: Madison, James

20 December 1803, Cádiz. “I had the honour of addressing you on the 14th. inst. [not found] & nothing of importance or worth your notice having offered Since said period; the present Serves to advise you that on account of the actual Circumstances of Political affairs, and being pressed by some Masters of Vessels to give a Roll of Equipage (the same as the inclosed) I thought proper not to refuse them, although I Know perfectly well I am not empower’d to do it.” Would not have done so had the situation in Europe not made it necessary. Takes advantage of the first opportunity to inform JM, “not doubting in the least but you will be so obliging as to approve of my determination.” Encloses copies of letters he has received and his answers, which he hopes will merit JM’s approbation.

   RC and enclosures (DNA: RG 59, CD, Cádiz, vol. 1). RC 2 pp.; in a clerk’s hand, signed by Yznardy. For enclosures, see nn.

   The enclosure is a blank copy of the printed form of a roll of equipage issued by Yznardy, on which the names, nationalities, and physical descriptions of the crew of an American ship would be listed (1 p.; docketed by Wagner as received in Yznardy’s 20 Dec. dispatch). On the verso is printed a form certifying that the roll of equipage had been issued at the consulate.

   The enclosures (4 pp.; docketed by Wagner as received in Yznardy’s 20 Dec. dispatch) are copies of Pierre Riel, marquis de Beurnonville, to Charles Pinckney, 24 Brumaire an XII (16 Nov. 1803) (in French); Pinckney to Yznardy, 18 Nov. 1803; Yznardy to M. Le Roy, French commissary general at Cádiz, 29 Nov. 1803 (in Spanish); Yznardy to Pinckney, 2 Dec. 1803; Yznardy to Edward Preble, 2 Dec. 1803; Le Roy to Yznardy, 13 Frimaire an XII (5 Dec. 1803) (in French); and Yznardy to Le Roy, 10 Dec. 1803 (in Spanish). The correspondence dealt with the problem of French deserters enlisting on American ships.


Title: From James Madison to William Henry Harrison, 21 December 1803 (Abstract)
From: Madison, James
To: Harrison, William Henry

21 December 1803, Department of State. “I have just received your letter of the 17th. ult. [not found] requesting permission to employ a printer in Kentucky to publish some of the laws of your Territory. I have no authority by law to cause such publications to be made, that of the 8th. May 1792, being inapplicable to the present case, I can only suggest that the contingent fund, annually appropriated for the government of the Indiana Territory, seems to embrace such an expense, and that on the account being transmitted to the Treasury with your or the Secretary’s certificate to its correctness payment would be made.”

   Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p. Printed in Carter, Territorial Papers, Indiana, 7:160.

   The 8 May 1792 “Act respecting the government of the territories of the United States northwest and south of the river Ohio” stated “That the laws of the territory northwest of the river Ohio, that have been or hereafter may be enacted by the governor and judges thereof, shall be printed under the direction of the Secretary of State, and two hundred copies thereof, together with ten sets of the laws of the United States, shall be delivered to the said governor and judges to be distributed among the inhabitants for their information” (U.S. Statutes at LargeThe Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73)., 1:285–86).

   On 22 Dec. 1803 Jacob Wagner wrote to auditor Richard Harrison, apparently enclosing JM’s letter and asking “whether the continjent fund of the Indiana Territory is applicable to the payment of the expenses of printing its laws, as stated in the within.” Harrison’s reply of the same date, written at the bottom of Wagner’s note, reads: “I much doubt whether the annual grant of 350 Ds. is applicable to Payments of the kind mentioned above. Nor do I at present recollect that the question has before occurred. It is possible however some trifling charges of this nature may have been admitted. In the mean time it seems but right that the expense of publishing the laws of the Territory should be defrayed out of its own Revenue” (DNA: RG 59, ML).


Title: To James Madison from Sylvanus Bourne, 21 December 1803 (Abstract)
From: Bourne, Sylvanus
To: Madison, James

21 December 1803, Amsterdam. “It is with regret I acquaint you that notwithstanding every exertion on my part to obtain a system of quarantine in this Country, more reasonable in itself & less vexatious for our Commerce than the one at present adopted I cannot procure the desired relief—their tenacity is unbounded & the consequence is that many of the Vessels under quarantine in the open roads of the Texell, perhaps the most dangerous place in all Europe at this season of the year, have as I am informed driven from their anchors, under every risk of total loss while those Vessels even from Ports where no sickness has been this season, are by the time they lost at an unnecessary & unjustifiable quarantine, exposed to be frozen up for the whole winter, by which a loss or expense of half their value may fall on their owners. I have in a temperate tho’ firm manner remonstrated to the Govt: on this subject & their reply has been that our vessells during [sic] from their anchor is owing to their being notoriously ill prepared with anchors & cables & that the general safety requires a strict quarantine on all Vessels from our Country & it seems the Bills of health in prossession [sic] of those from Boston & other Ports in health have been of no avail—their fears on this head appears to have deprived them of the due exercise of their judgment & I would wish for the benefit of our trade that some direct communication might be made from our Govt. to the Govt: of this Country before another season to see of [sic] relief can be obtained. I would recommend the Merchants of the U: States not to send any Teas or other prohibited articles to this Country without having a previous contract for their introduction as they thereby expouse them selves to very heavy detentions & expenses & often a total confiscation of the property.” Adds in a postscript: “Govt: has made the promise of providing a safer place than the Texell for the laying of our Vessels in quarantine but have not yet done in it nor do I see a prospect thereof.”

   RC (DNA: RG 59, CD, Amsterdam, vol. 1). 2 pp.; in a clerk’s hand, signed by Bourne.


Title: Richard O’Brien to Edward Preble, 21 December 1803 (Abstract)
From: O’Brien, Richard,Preble, Edward
To:

21 December 1803, Algiers. On 13 Dec. received a report of the loss of the Philadelphia and its crew that was confirmed on 15 Dec. Lear has written Davis “to aid our Countrymen at tripoli with temporary Supplies untill The will of our govt. should further direct.” Supposes the ransom of 278 seamen at $600 each and 29 officers at $4,000 each will come to $282,800. A peace might cost another $100,000. Such terms would encourage Algiers and Tunis to demand more “and would convince tripoli That we Could not Contend with Them and Throw tripoli on to wrangle with other nations untill They would bow acquise & feed his avarice and in 5 or 7 years would be our turn again.” “We should have some floating batteries built to carry heavy Battering Cannon to Enter the port of tripoli and to attack fire on The town rake The Marine Sea battery and flank The Paschas pallace” together with the frigates. Suggests having “3 or 4 Thsd. men ready to take possesion of The Sea or marine battery when silenced by The flottants and frigates and should you be able to procure the Gun boats of naples—with This mentioned force I think that tripoli will be brought to American terms but should suppose you would closely blockade tripoli untill that you had heard further on this tack from our Govt.” Suggests the necessity of building “4 whale boats on a large plan to have a brass 12 pounder each to row and sail with great Velocity.” “They would with The frigates and small Corsairs destroy the coasting trade of tripoli, at times surprize their Gun boats, Cut out corsairs, attack small ones take The corsairs in tow, reconniter gain intelligence and be of The most essential Service they should be 50 feet Keel they should have capital crews and occasionally might be slung on the Quarters of The large frigates.” Suggests that the U.S. vessels “be Capitally & Extra manned well barricaded and all Calculated for bow & stern Chaces from The main battery.” Portugal has offered the dey of Algiers “for a peace & ransom one million 2 hundred Thsd. $.” “Should this sum tempt the dey the Corsairs of this regency will have no Obstruction to The western Ocean, and the regency is at peace with too many nations for anyone of The Small or tributary ones to Consider their peace on a durable Basis. Some one will have to look out for squalls—in my opinion we have no time to loose in building The 74. Gun Ships and 6 more large frigates—we should make a great national exertion and tripoli should get what it Justly merits from The U States. You no doubt will have true soundings from Captain Bainbridge. Capt Stewart arrived here this day in 24 days from Livorn and also This day I have had an addition to my family in The birth of a Son. This Event will I trust to god Shortly permit me to Set out from here on my return to The united States, where I trust my information to The heads of departments will be in Some respects favourable to yr. mission to This Sea it is Evident we must fight or pay—or withdraw our affairs from this Sea—and with a small division at Gibralter we give our Commerce in The W. Ocean Security and is Clear of homage & tributes to Barbary.” Presumes Preble will have already considered everything he has suggested. “One thing more as The port of tripoli has not a sufficient depth of water for the Philadelphia that is should she be got of[f] under this consideration I have no doubt but Tunis or Algiers will consider of Purchaseing said ship if so she should not be admitted to a passage or Pass either as a tunician or Algerine property. God I trust will aid & assist you.” Adds: “Humbly Submitted to The Consideration of The Secretary of State—pray which is best The mediation of Bonapart Patroon Grandi—or an attack of force from The UStates.”

   RC (DNA: RG 59, CD, Algiers, vol. 6); Tr (DLC: Preble Papers). RC 3 pp.; marked “Copy”; addressed to JM; docketed by Wagner as “recd. April.” Tr printed in Knox, Naval Documents, Barbary WarsDudley W. Knox, ed., Naval Documents Related to the United States Wars with the Barbary Powers (6 vols.; Washington, 1939–44)., 3:283–85.


Title: From James Madison to Anthony Merry, 21 December 1803
From: Madison, James
To: Merry, Anthony

Letter not found. 21 December 1803. Mentioned in Merry to Hawkesbury, 31 Dec. 1803 (PRO: Foreign Office, ser. 5, 41:60–61), as a request “to have a Conversation with me at his Office on the following Day.” For Merry’s report on the meeting, see JM to Merry, 24 Dec. 1803, n. 4 and JM to Monroe, 26 Dec. 1803, n. 4.