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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO JAMES MONROE. d. of s. mss. instr. - James Madison, The Writings, vol. 7 (1803-1807) [1908]

Edition used:

The Writings of James Madison, comprising his Public Papers and his Private Correspondence, including his numerous letters and documents now for the first time printed, ed. Gaillard Hunt (New York: G.P. Putnam’s Sons, 1900). Vol. 7.

Part of: The Writings of James Madison, 9 vols.

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TO JAMES MONROE.d. of s. mss. instr.

Department of State September 12th, 1804.

Sir,

My letter of 20th July made you acquainted with the irregularities committed by British ships of War in and adjoining the harbour of New York, and with the correspondence which had ensued between Mr Merry and myself. I now add copies of the letters which have since passed between us on that subject, with copies of documents since received relating to the same or to subsequent violations of our national rights.1

From the letter of Mr Merry and its inclosures, you will discover that instead of promoting a redress of the injuries represented to him, he makes himself an advocate of the authors; and from my reply, that finding such to be the case, it is not proposed to protract the discussion with him. It rests consequently altogether with you to place the subject in the proper light before the British Government, and to press in a proper manner the satisfaction due to the United States from its justice and its friendly policy. In doing this, it need not be repeated that regard is to be had equally to a manly tone in stating the complaints, and to a conciliatory respect, in appealing to the motives from which a satisfactory interposition is expected. Mr. Merry has endeavored to construe a candid and friendly intimation of the dilemma to which the United States will be exposed by a continuance of such outrages, into an offensive threat, and will no doubt so present it to his Government. Should the language to which he refers not sufficiently otherwise explain itself, you are authorized to disclaim any intention on our part inconsistent with the respect which the United States owe and profess for the British Government, and which in this case best coincides with the respect which they owe to themselves. It must be recollected at the same time, that the expediency of some provisions against aggressions on our commerce and our harbours was a subject of very interesting deliberation with Congress at their last Session; that it was postponed under a hope that such provisions would be rendered unnecessary by the just and amicable regulations of the belligerent powers; and that it is more than probable that a disappointment in this particular can scarcely fail to revive the subject at the next Session. These considerations are too important not to be brought into view in your communications with the British Government; and you will know how and when to do it with the least risk of irritation, and consequently with the greatest probability of useful effect.

I have the honor to be &c

[1 ]He wrote to Merry Sept. 3:

“The several communications & representations to which it is a reply, had for their object to obtain your interposition towards repairing and controuling the irregularities practised by British ships of war in the Harbour of N. York and on the adjoining coasts. The resort was produced by a confidence that proceedings so contrary to public and local law, so irritating in their tendency and so much at variance with the sentiments which your Government is believed to entertain towards the U. States, would have received from you all the discountenance which they seemed to merit. Finding from the tenor of your letter, and it is found with much regret, that instead of the expected result, charges supported by regular proof against the British Commanders are considered as answered by the denials of the parties; that not only the authority to impress British subjects from American Vessels on the high seas is maintained, but a positive sanction is moreover given to the impressment of British subjects (which includes the decision of questions of allegiance) from British vessels within the acknowledged Sovereignty of the U. States, with an implied Sanction to the extraordinary pretension of a British naval Commander, the Captain of the Cambrian, to a dominion of his Ship over a certain space around it, even when lying in an American port; that the continuance of enemy ships in one of our ports, a continuance which may be prolonged indefinitely at the pleasure of an adequate force, is alleged as a sufficient vindication of the use which continues to be made of the Port by British ships, and of their proceedings in its vicinity to which that use is made subservient: finding, in a word that the view which you have been pleased to take of the complaints addressed to you, appears to be calculated rather to fortify than to restrain the British Commanders, in the course which they are pursuing; it is not perceived that any advantage is promised by the further discussion which might result from entering into the particular comments of which some of your observations are susceptible. It is deemed more proper to indulge the expectation that the subject will be seen by the Councils of his Britannic Majesty in a light more satisfactory to the U. States, and more correspondent with the disposition to cherish all the friendly relations which so happily exist between the two Nations, and which are so strongly recommended by their mutual interests.

“The irregularities charged on the French ships of War now at N. York, were first notified to the Government by your representations on that head. You may assure yourself, Sir, that they will be enquired into with that attention which the U. States owe not only to their own jurisdiction; but to their neutral position, to which they will always be as ready to pay respect themselves, as to insist on it from others.”—Mad. MSS.