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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. 6.

Author: James Madison
Editor: Gaillard Hunt

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

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TO THOMAS JEFFERSON.mad. mss.

Jany 10, 1801.

Dear Sir,—

Mrs Browne having been detained at Fredg for some time, I did not receive your favor of the 19th in time to be conveniently acknowledged by the last mail. The succeeding one of the 26th came to hand on the 7th instant only, a delay that fixes blame on the post office either in Washington or Fredg. In all the letters & most of the Newspapers which I have lately rec^d. thro’ the post office, there is equal ground for complaint.

I find that the vote of Kentucky establishes the tie between the Repub: characters, and consequently throws the result into the hands of the H. of R. Desperate as some of the adverse party there may be, I can scarcely allow myself to believe that enough will not be found to frustrate the attempt to strangle the election of the people, and smuggle into the Chief Magistracy the choice of a faction. It would seem that every individual member, who has any standing or stake in society, or any portion of virtue or sober understandg must revolt at the tendency of such a manœuvre. Is it possible that Mr. A. sh^d. give his sanction to it if that should be made a necessary ingredient? or that he would not hold it his duty or his policy, in case the present House should obstinately refuse to give effect to the Constn, to appoint, which he certainly may do before his office expires as early a day as possible, after that event, for the succeeding House to meet, and supply the omission. Should he disapp^t. a just expectation in either instance, it will be an omen, I think, forbidding the steps towards him which you seem to be meditating. I would not wish to discourage any attentions which friendship, prudence, or benevolence may suggest in his behalf, but I think it not improper to remark, that I find him infinitely sunk in the estimation of all parties. The follies of his administration, the oblique stroke at his Predecessor in the letter to Coxe, and the crooked character of that to T. Pinkney1 , are working powerfully ag^st. him. Added to these causes is the pamphlet of H. which, tho’ its recoil has perhaps more deeply wounded the author, than the object it was discharged at, has contributed not a little to overthrow the latter staggering as he before was in the public esteem.

On the supposition of either event, whether of an interregnum in the Executive, or of a surreptitious intrusion into it, it becomes a question of the first order, what is the course demanded by the crisis. Will it be best to acquiesce in a suspension or usurpation of the Executive authority till the meeting of Cong^s. in De^r. next, or for Congs to be summoned by a joint proclamation or recommendation of the two characters havg a majority of votes for President. My present judgment favors the latter expedient. The prerogative of convening the Legislature must reside in one or other of them, and if both concur, must substantially include the requisite will. The intentions of the people would undoubtedly be pursued. And if, in reference to the Constⁿ., the proceeding be not strictly regular, the irregularity will be less in form than any other adequate to the emergency; and will lie in form only rather than substance; whereas the other remedies proposed are substantial violations of the will of the people, of the scope of the Constitution, and of the public order & interest. It is to be hoped however that all such questions will be precluded by a proper decision of nine States in the H. of R.

I observe that the French Convention is represented as highly obnoxious to the Senate. I should not have supposed that the opposition would be hinged on the article surrendering public vessels. As the stipulation is mutual it certainly spares our pride, sufficiently to leave us free to calculate our interest, and on this point there cannot be a difference of opinion. I was less surprized at the obstacle discovered in the British Treaty, the latter of which combined with the repeal of the French Treaty, beget a suspicion that in some quarters at least the present posture of things has been long anticipated. It is certain however that the Convention leaves G. B. on a better footing than the B. Treaty placed her, and it is remarkable that E.1 D.2 & Murray, should have concurred in the arrangement, if it have any real interference with bona fide engagements to G. B. It may be recollected that the privilege given to British prizes was not purchased like that to French prizes, by any peculiar services to us; and never had any other pretext, than the alledged policy of putting the two great rival nations of Europe as nearly as possible on an equal footing. Notwithstanding this pretext for the measure, H. in his late pamphlet acknowledges the error of it. It would be truly extraordinary if a measure intended for this equalizing purpose, should be construable into an insuperable barrier to the equality proposed. It is of vast moment both in a domestic & foreign view, that the Senate should come to a right decision. The public mind is already sore & jealous of that body, and particularly so of the insidious & mischievous policy of the British Treaty. It is strongly averse also to war, and would feel abhorrence of an unjust or unnecessary war with any nation. It is much to be wished that these facts may not be disregarded in the question before the Senate. If there be anything fairly inadmissible in the Convn it would be better to follow the example of a qualified ratification, than rush into a provoking rejection. If there be anything likely, however unjustly, to beget complaints or discontents on the part of G. B. early & conciliatory explanations ought not to be omitted. However difficult our situation has been made, justice & prudence will it is hoped, steer us through it peacefully. In some respects the task is facilitated at the present moment. France has sufficiently manifested her friendly disposition, and what is more, seems to be duly impressed with the interest she has in being at peace with us. G. B., however intoxicated with her maritime ascendency is more dependent every day on our commerce for her resources, must for a considerable length of time look in a great degree to this Country, for bread for herself, and absolutely for all the necessaries for her islands. The prospect of a Northern Confederacy of Neutrals cannot fail, in several views, to inspire caution & management towards the U. S. especially as, in the event of war or interruption of commerce with the Baltic, the essential article of naval Stores can be sought here only. Besides these cogent motives to peace and moderation, her subjects will not fail to remind her of the great pecuniary pledge they have in this Country, and which under any interruption of peace or commerce with it, must fall under great embarrassments, if nothing worse.—As I have not restrained my pen from this hasty effusion, I will add for your consideration one other remark on the subject. Should it be found that G. B. means to oppose pretensions drawn from her Treaty, to any part of the late one with F. may she not be diverted from it, by the idea of driving us into the necessity of soothing France, by stipulations to take effect at the expiration of the Treaty with G. B. and that w^d. be a bar to the renewal of the latter. Or in case the pretensions of G. B. should defeat the Treaty now before the Senate, might not such an expedient be made a plaister for the wound given to F?

My health still suffers from several complaints, and I am much afraid that any changes that may take place are not likely to be for the better. The age and very declining state of my father are making also daily claims on my attention, and from appearances it may not be long before these claims may acquire their full force. All these considerations mingle themselves very seriously with one of the eventual arrangements contemplated. It is not my purpose however to retract what has passed in conversation between us on that head. But I cannot see the necessity, and I extremely doubt the propriety, should the contest in hand issue as is most probable, of my anticipating a relinquishment of my home. I cannot but think, & feel that there will be an awkwardness to use the softest term, in appearing on the political Theatre before I could be considered as regularly called to it, and even before the commencement of the authority from which the call would proceed. Were any solid advantage at stake, this scruple might be the less applicable, but it does not occur that the difference of not very many days, can be at all material. As little can I admit that the circumstance of my participation in the Ex. business, could have any such effect on either the majority or minority as has occurred; or if a partiality in any particular friends could be gratified by a knowledge of such an arrangement, that the end would not be as well attained by its being otherwise made known to them that it was to take place, as by its being announced by my appearance on the spot. I only add that I am sensible of the obligation of respecting your conclusion whatever it may finally be, but I cannot but hope that it may be influenced by the considerations which I have taken the liberty to hint.

You may recollect a difficulty suggested in mak^g. app^ts. with^t a Senate, in case of resignations prior to March 4. How have you solved it?

TO THOMAS JEFFERSON.mad. mss.

February 28, 1801.

Dear Sir,—

Your favor of the 1st instant was to have been acknowledged a week ago, but the irregularity of the post occasioned by high waters has delayed it to the present opportunity. I have now to acknowledge your two subsequent ones of the 12th & 19th. In compliance with the last, I had proposed to leave home in a few days, so as to be with you shortly after the 4th of March. A melancholy occurrence has arrested this intention. My father’s health for several weeks latterly seemed to revive, and we had hopes that the approach of milder seasons would still further contribute to keep him with us. A few days past however he became sensibly worse, and yesterday morning rather suddenly, tho’ very gently the flame of life went out. It is impossible for me now to speak of my movements with precision. Altho’ the exact degree of agency devolving on me remains to be known, a crowd of indispensable attentions must necessarily be due from me. In this posture of things I can only say that I shall wait the return of the post after this reaches, by which I hope to learn whether your intended continuance at Washington will admit, and the state of things will require, my being there before you leave it. By this information I shall be governed, unless imperiously controuled by circumstances here.

The conduct of M^r A. is not such as was to have been wished or perhaps, expected. Instead of smoothing the path for his successor, he plays into the hands of those who are endeavoring to strew it with as many difficulties as possible; and with this view does not manifest a very squeamish regard to the Constⁿ. Will not his app^ts. to offices, not vacant actually at the time, even if afterwards vacated by acceptances of the translations, be null?

The result of the contest in the H. of R. was generally looked for in this quarter. It was thought not probable that the phalanx would hold out ag^st. the general revolt of its partizans out of doors & without any military force to abet usurpation. How fortunate that the latter has been withheld: and what a lesson to America & the world, is given by the efficacy of the public will when there is no army to be turned ag^st. it!

I observe that a Com^e. is app^d. to enquire into the effects of the late fires.1 This is no doubt proper; but does not I think promise much. More is to be expected from the scrutinies of honest heads of Dep^ts, aided by the documents & other evidences which they will have time & the best means of examining. I take for granted one of the first steps of the new admⁿ will be to institute returns, particularly in the Navy & war dep^ts., of the precise state in which every circumstance involved in them, comes into the new hands. This will answer the double purpose of enabling the public to do justice both to the authors of past errors & abuses and the authors of future reforms.

I rec^d a few days ago the inclosed letter from Mr. Page. Altho’ there are parts of it, which might well be omitted in the transmission to you, yet the length of the proper extracts tempts me to shun the trouble of making them. In justice to Doc^r. Tucker, I say with pleasure, that I have always regarded him as a man of the greatest moral & political probity, truly attached to Republican principles, of a very ingenious mind, extensive information, & great exactitude in his ideas & habits of business; and, consequently well fitted for public service.—The letter from Callendar seems from its contents to have been meant for you, tho. superscribed to me.

TO JAMES MONROE.mad. mss.

May 6, 1801.

Dear Sir

M^r Camp handed me yesterday your two favors of the 11 & 12 of March. I can say nothing determinate as to the prospect of him & M^r Lambert, because I do not yet know what arrangements may be contemplated throughout the Departments. I think however it would be unwise in any of the Candidates to neglect other resources: the number of them being such as greatly to reduce the chance to individuals, & it being not improbable that in some of departments at least the number of offices themselves may be reduced. I have not yet rec^d. your letter for Chancel^r Livingston nor the letter from Mr. Skipwith to which you refer. He will not embark on his foreign Mission till the ratification of the Treaty in France arrives here.

Callender I find is under a strange error on the subject of his fine, and in a strange humor in consequence of it.1 I inclose an open letter for him which you will please to read & forward. How has the delay in giving effect to the remission of the fine happened? It ought to be known & explained to him. What I state to him as the view of the President I have from the P. himself, & therefore cannot be mistaken in.

I have been here a few days only & can say nothing to you from the Department. I find myself in the midst of arrears of papers &c &c, which little accord with my unsettled health.

TO JAMES MONROE.mad. mss.

Washington June 1, 1801.

Dear Sir.—

I have recd your favor of the 23d Ult: Callendar made his appearance here some days ago in the same temper which is described in your letter. He seems implacable towards the principal object of his complaints and not to be satisfied in any respect without an office. It has been my lot to bear the burden of receiving & repelling his claims. What feelings may have been excited by my plain dealing with him I cannot say, but am inclined to think he has been brought by it to some reflections which will be useful to him. It is impossible however to reason concerning a man, whose imagination & passions have been so fermented. Do you know too, that besides his other passions, he is under the tyranny of that of love. Strange as it may appear, this came out, under a charge of secrecy, in a way that renders the fact unquestionable. The object of his flame is in Rich^d. I did not ask her name; but presume her to be young, beautiful in his eyes at least, and in a sphere above him. He has flattered himself & probably been flattered by others into a persuasion that the emoluments & reputation of a post office would obtain her in marriage. Of these recommendations however he is sent back in despair. With respect to the fine, even, I fear that delays, if nothing more may still torment him & lead him to torment others. The case stands thus. Randolph, had sent on, but not settled his accounts, in which there was a credit to the U. S. for the am^t. of the fine. In settling the Acc^t. the credit is struck out, & the Controller has notified him, that the 200 dollrs are to be paid to Callander. Whether he will do it without a suit, is the question. If he will not, and the result can be anticipated, in any way, it will be fortunate, as Callendar’s irritation produced by his wants, is whetted constantly by his suspicion that the difficulties, if not intended, are the offspring of indifference in those who have interposed in his behalf. I cannot but hope that the late Marshall will see the propriety of not opposing the order of the Treasury Dep^t. There was certainly no pretext for his refusal at all to refund the money, as I understand his own statement leaves him a debtor of ab^t. 1,660 drs, & that of the Treasury Dep^t. ab^t. 2,500 drs to the U. States.

You see by the papers that our Mediterranean trade is in jeopardy if not attacked, and that the arrears of stipulated remittances are urged as the ground of complaint. Whether this be or be not more than a pretext, it is certainly extraordinary that the arrears sh^d. have been suffered so to accumulate. From Europe in general we hear little more than what you see in print. It is said that Portugal is presented with the alternative of shutting her ports vs G. B. & receiving a F. or Spanish Garrison, or of being annexed & guarantied as a province of Spain. The legations to that Country & Batavia are to be abolished. The letters &c., for the purpose to go to Smith & Murray, will be ready for the signature of the P. on Monday.

Intelligence has come thro’ several channels which makes it probable that Louisiana has been ceded to France. This is but little wonderful considering the calculations, into which F. has been led by the transactions for several years back. You will readily view this subject in all its aspects. If any ideas occur on it that can be of service, favor me with them.

Remind Mr. Randolph if you please, that I have never yet heard from him in answer to my enquiries on several points—particularly the practicability and method of getting sold a partnership Mill of value. I understand it is doubted by some lawyers in Rich^d. (Mr. Wickham probably) whether a suit will effect it, as long as the separate property of the partners is sufficient. I am afraid the delay has already diminished the chance of an advantageous sale, should a decree be obtainable.

Mrs. M. joins me in the most respectful salutations to Mrs. Monroe & yourself.

TO RUFUS KING.1d. of s. mss. instr.

Department of StateWashington15th June 1801.

Sir:

Your communications by Mr. Sitgreaves on the subject of the proposed conversion of the claims against the United States, under the 6th Article of the Treaty of 1796 into a definite sum, have been duly received and taken into consideration by the President. Although there may be good ground to contest the real justice of the amount of debt which will be assumed by such a stipulation, yet considering all the actual circumstances, which are now to be taken into view; allowing particularly due weight to the advantage of substituting an amicable and final adjustment of the controversy, in place of the apparent improbability of obtaining any proper amendment of the 6th article, and of all the demands embarrassments and uncertainties incident to its present form, before a tribunal composed as is the board of commissioners under it, the President has determined on the expediency of your pursuing into effect the negociation in which you are engaged. It is his express instruction, however, that no encouragement be given to pretensions on the British side, by carrying into the negociation a sum higher than that of six hundred thousand pounds, as mentioned in your No. 6, of the 7th of March last, and that no sum beyond that be finally admitted into the commutation.

It is taken for granted that in case the claims against the United States be liquidated into a net sum, there will be no difficulty in so arranging it as to be applicable to the payment of the indemnification, awarded from time to time, under the seventh article of the Treaty, in favor of our citizens, whose claims according to an estimate of Mr. Samuel Cabot of May 9th 1798, amount to £1,250,000. Such an arrangement must be the less objectionable, as a discharge of the debt by instalments would no doubt be the alternative mode, and it will have the advantage of putting aside all possible inducements to delay the award of indemnifications, with a view to avoid the immediate advances of money necessary to satisfy them.

The President considers it as a matter of course also, that an adjustment of the controversies under the 6th article will be followed by an instant renewal of the proceedings under the seventh article, and by every reasonable exertion for hastening them to a just conclusion.

A number of your letters hitherto received remain to be acknowledged. But the subject of the dispatches by Mr. Sitgreaves has appeared to claim an answer, distinct, and without delay. I cannot but briefly add, however, that we have the mortification to find that notwithstanding all the forbearances and endeavors of the United States, for the establishment of just and friendly relations with Great Britain, accounts continue to arrive from different quarters, of accumulating trespasses on our commerce and neutral rights. This is particularly the case not only with respect to the Bahama Islands, but to Jamaica. Mr. Savage under date of 11th April last, states that “since the 15th January, thirty vessels which appear to be American property have been detained and brought into this port, and from the best information I have been able to obtain from several Masters, their value has been computed by me at the enormous sum of seven hundred and sixteen thousand dollars, some few have been acquitted after being decreed to pay both Relators and Defendants costs, which upon the smallest calculation is never less than fifteen hundred dollars and in some instances three times that sum.”

It will be an agreeable circumstance if the result of your correspondence with the British Ministry shall be found to mitigate these outrages, it being the sincere desire of the United States, and of the government to see every obstacle removed to that entire confidence and harmony and good will between the two countries, which can be firmly established on no other foundations than those of reciprocal justice and respect.1

With very great respect, I have &c.

TO RUFUS KING.d. of s. mss. instr.

WashingtonDepartment of State 24th July 1801.

Sir:

My letter of the 15th of June acknowledged the receipt of your communications of April 20th and 21st by Mr. Sitgreaves. Your several favors received prior to that date and since and not acknowledged complete your new series including No. 16 with the addition of No. 19.

Having already communicated to you the decision of the President with regard to the proposed commutation of the claims against the United States under Art VI of the Treaty of 1794, into a nett sum of six hundred thousand pounds sterling I have nothing new to add on that subject beyond my wishes that the negotiation may be brought to a speedy as well as a final issue. Your letter of May 30th the last one received countenances such an expectation more than the preceding appearances. There is notwithstanding too much room to remark that with due allowances for other pressures on the attention of the British government, a due share of it has not been given to a subject which they profess to consider of so much importance to that good understanding between the two countries, which they also profess to have so severely at heart.

But if complaint be justifiable for the delays attending the proposed liquidation of the debts, on which a difference of opinion, and a tedious discussion were to be apprehended, what must be thought of the difficulties and delays thrown in the way of other subjects; some of them acknowledged to be just in the precise form given to them, others unsusceptible of any specious controversy; and others of a nature and magnitude to make the most trying appeal to the interests and sensibility of the United States.

By your letter of March 10th 1800, it appears that the proposition for explaining the list of contraband of war contained in the XVIII Art. of the Treaty, and thereby instigating the vexations of our lawful commerce under the pretext of that article, tho’ admitted as early as the summer of 1799, after full examination and minute discussion, to be in a form proper to be adopted has not even yet carried into effect, nor is it known that any adequate measures have been taken to arrest or redress the abuses.

The Articles proposed to be added to the Treaty for placing our vessels trading in the Mississippi under the same security with our other coasting vessels and declaring that neither party shall impress on the high seas, seamen out of vessels of the other, tho’ resting on such solid grounds of reason, and the latter so acknowledged by Lord St. Vincent himself, and though known to have been for many years a source of peculiar irritation in this country, have neither of them been formally stipulated or practically enforced.

Even the proposed removal of the obstacles of form to the restitution of the Maryland Bank Stock, a measure prescribed by the clearest obligations of moral and legal right, has experienced all the procrastination incident to the most doubtful and intricate topics of negotiation.

Adding to these considerations, the perseverence of the British Government in not effectually controlling the depredations on our commerce, the immence amount of the depredations, the violations of all principal, rule, and decorum in many of their subordinate Tribunals, the difficulties, delay, and ruinous expense of seeking redress in the higher ones, the numerous instances in which insult has been added to injury, during the seizures and condemnations of our vessels; adding again the number and manner of impressments committed on American Seamen, native as well as naturalized, with their protections in their hands, and on neutral aliens voluntarily engaged in the service of our vessels, together with the long period thro’ which this enormity, as well as that of the depredations on our commerce, has been suffered to go on, in spite of all the arguments expostulations, and remonstrances which have been opposed to them; adding finally, that this mass of injustice and aggression has fallen on a nation whose proceedings towards the British nation and government have been regulated by the most faithful attention both to the stipulations arising from its neutral character; which [is] acknowledged by that government to have furnished no just topic for reproach or complaint; which is felt and admitted also to be the greatest consumer of British exports the most valuable source of those raw and bulky materials, which employ both their manufacturers and the navigation, in fact in all senses, the best customer, and latterly the fund in a great measure of the necessaries of life to themselves, as it must be at all times to a great part of their dependent dominions; all these considerations thrown into one view make it difficult to decide whether the greater wonder ought to be exacted by the steady course of rectitude observed on the part of the United States, or the wanton abuses of power on the part of Great Britain, by the unexampled patience of the former or the unpolitic experiment made on it by the latter.

To give full force to these remarks it would be requisite to state the precise extent of the two principal injuries viz: the spoliations on our trade, and the impressment of our seamen. The materials however in this office give a more limited information on the first of these, than such as are probably in your hands or within your reach. The value of the property unlawfully seized and condemned since the Treaty of 1794, and consequently in violation of that Treaty, must amount at a moderate computation to some millions of dollars.

The imperfect lists of impressed seamen which have been obtained by our Agents and reported to this Department swell the number to near two thousand, more than four fifths of whom are natives of the United States, not more than seventy are British subjects, and more than seventy Aliens both to Great Britain and the United States, and consequently so distinguishable by the language and other signs as to take away all color of apology for the outrage. Of the whole number of seamen thus deprived of their rights and forced into the hardships and dangers of a foreign service in time of war, about one third only have been set at liberty; notwithstanding the time, the pains and the expense which have been used for that purpose by their country.

Examples might be multiplied, both of depradations and impressments, showing also in the strongest manner that the extent of them is not the only offensive light in which they are to be viewed. Your own recollection and researches can readily supply these examples. You will find several of the first kind in the hands of Mr. Williams referred to him by the Consul at Lisbon. In relation to impressments it will not be improper to cite a very marked instance which has lately been transmitted. By a letter from Mr. Smith the Minister Plenipotentiary of the United States at Lisbon it appears “that on the night of the 7th April last, between the hours of 11 & 3 oclock three American vessels were boarded while at anchor in that Harbour, by a boat belonging to the British frigate Diana, Captain Stephenson, manned by an officer and several men, who armed with pistols and drawn cutlasses after committing sundry acts of outrage and menacing the lives of unarmed men in their beds, forcibly pressed and carried away a seaman from one of the said ships.”

It is to be observed that in aggravation of this atrocious assault, it was made during the middle of the night, within the jurisdiction of a friend both to Great Britain and the United States, that it proceeded from a ship of war, commanded by a commissioned officer, and was executed by a party headed by an officer: A greater indignity could scarcely be offered to the United States or to Portugal, or a more flagrant outrage to individuals. It is indeed said that the Captain of the Frigate disclaimed all knowledge of the transaction: But have the real authors of it been brought to punishment? Has the unfortunate seaman been restored? An apology without these satisfactions is a mockery and nothing more. As it appears by Mr. Smith’s letter to the Department of State, that you have been furnished with an account of this atrocity, it is not doubted that you will have presented it in its true light to the British Government and as the fact is so precise and so indisputable, and the officers can be so easily identified, it would be but a reasonable reliance that instant trial and punishment must have ensued, if the inefficacy of demands on the justice of the British Government on such subjects, had not so much familiarized the United States to disappointment.

The complaints daily arriving at this office show that our mariners are impressed without the least respect for their legal protections, certified, in the most authentic forms; that after impressment they are often menaced or maltreated into enlistments, and then (in direct contradiction to the principle on which British seamen voluntarily engaged on board American vessels are taken off as British subjects) claimed as regular members of British crews, that they are in fine, not only subject to the discipline and dangers of the foreign service, but exposed to be made prisoners by the powers at war with Great Britain, and involved with British subjects in all the calamities of that situation.

Of this last fact the following proof is selected out of a number that might be produced, because being the last received it is the first that offers itself, and because it includes a very singular aggravation of the original tresspass

Mr. Mountflorence writes from Paris on the 15th of April 1801 “that many of our seamen are daily captured on board English vessels by French cruisers, and brought into the ports of France. The British Commissary of Prisoners of war here had constantly claimed such American sailors as English, to have them exchanged as such. These Americans being put on board of a Cartel, were not suffered to land on their arrival in a British port, but were immediately taken on board some tender and carried to the nearest English man of war. By these means these poor fellows were deprived of the possibility of making their cases known to our Agent for seaman in London. Such at least is the information given me by some sailors.”

It cannot be pleaded that the seamen in question were taken in vessels where they had entered voluntarily. These instances if they exist at all are so few that the supposition cannot be admitted. Nor does it mitigate the wrong on the part of Great Britain, that they have suffered another wrong from the French Republic in not being set at liberty on arriving within its jurisdiction, according to the law and practice of nations. A redress of the latter wrong will be pursued, thro’ the Minister Plenipotentiary, who is shortly to go to that country and with the less doubt of success as Mr. Mountflorence says, that an interposition in his ex-official character has obtained the discharge of a number of our seamen mingled with British prisoners.

It has been felt as a duty to the public rights, and also as a just respect to the public sensibility, not to pass lightly over the spoliations and impressments which the British Government has so long authorized or tolerated. Hitherto, the patience here has been nourished by a hope that right and reason would by degrees be consulted by power, or at least that peace might quickly close the scene of its abuses. This hope has not lost altogether its influence. But it is proper to be known that the wrongs have made a deep impression on the American mind, and that if no satisfactory change of conduct be soon apparent, and the war be likely to go on, the policy of this Country, can scarcely fail to take some shape more remedial than that hitherto given to it. Should any necessity of this sort be imposed, the inconvenience which may result from it cannot in any degree be chargeable to the United States. The desire not being more than the same respect for their rights which they scrupulously pay to the rights of Great Britain. They have manifested every disposition to cultivate good will and liberal intercourse between the two Countries. The sacrifices made to this disposition are indubitable proofs of its sincerity. The President wishes it to be understood, that his disposition is in perfect concurrence with that of the community, and that every proper demonstration of it, will be found in the course of his administration. At the same time he equally wishes it to be understood and impressed, that whilst nothing is necessary on the part of Great Britain to the establishment of a thorough and lasting cordiality in the United States but a return of the justice and respect of which they offer the example it is not less certain, that without such a return, their cordiality must not be expected to be either entire or lasting.

I had written thus far when your letters of May 15 and 19 and June 1 came to hand, all at the same time. The contents of them, tho’ much is left to be done, for the removal of our complaints, especially on the subject of our seamen, afford very great and sincere pleasure.

If the measures for suppressing the licentious proceedings of the Cruisers and Courts in the West Indies, be carried into full effect, they will cut off no inconsiderable source of the ravages on our trade. It is somewhat apprehended however, that the orders may be evaded as heretofore, whilst the present establishment of Courts continues, and that the tediousness of the parliamentary reform of these may conspire with the lateness of its date, to afford a long period for the harvest of abuses, and to shorten that within which they are to be corrected. Nevertheless it is of great importance in every view, that your endeavors should not be relaxed in urging all these measures of reform. The amendments which you have suggested to the Bill introduced into the House of Commons seem well calculated to render it more effectual, and consequently more conciliatory, and will on both accounts improve its character. As the British Government has now repeatedly and so solemnly disavowed the principle on which so many condemnations have been made to the West Indies, it may be reasonably expected that it will provide a summary and complete redress for the individuals injured by them. In most of the cases, the principle of condemnation is expressed in the sentence and removes all difficulty, and when this has been omitted it will not be difficult to deduce it from the libel or other circumstances of the case. You will conform to the injunctions of the President by pursuing this object with the attention which is due to the parties interested. Whenever it shall be known that a summary provision has been assented to, this Department will give all the assistance it can, towards extending the benefit of it to the individual claimants. The removal of Admiral Parker, and Captain Pellen from the American station, and on the grounds assigned for it, is another indication of a juster policy towards the United States which deserves to be acknowledged.

No time was lost in presenting more particularly to the attention of the President, your letter of June 1st stating the interview with Lord H. in which he communicated to you for the information of the President, the orders given at the British ports in the Mediterranean, in favor of the American squadron sent into that sea. The President has received this communication with a lively satisfaction, and charges you to assure his British Majesty, that he feels all the value of the good offices he has been pleased to interpose, both as they afford a seasonable accommodation to the little squadron dispatched for the protection of our Mediterranean Trade, and as they are a pledge of those friendly sentiments and that liberal policy which the United States sincerely wish to be reciprocal and perpetual between the two nations.

The cession of Louisiana from Spain to France, as intimated in your letter of 29 March had been previously mentioned from several quarters, and has since been repeated from others as an arrangement believed to have taken place. Although no official or regulation confirmation of the fact has been received, it is more than a probability and has been the subject of instructions to Mr. Pinckney the Minister of the United States at Madrid, as it will also be to Mr. Livingston the Minister going to Paris. They will both make use of the proper [means] to prevent a change of our Southern neigbours, that is to say the means of peace and persuasion. Should Great Britain interpose her projects also in that quarter, the scene will become more interesting, and require still greater circumspection on the part of the United States. You will doubtless be always awake to circumstances which may indicate her views, and will lose no time in making them known to the President. Considering the facility with which her extensive Navy can present itself on our part, that she already flanks us on the North, and that if possessed of Spanish countries contiguous to us, she might soon have a range of settlements in our rear, as well as flank us on the South also, it is certainly not without reason that she is the last of Neighbours that would be agreeable to the United States.

It will be agreeable and may be useful for you to know that the Seasons on which our summer harvests depended have been unaccountably favorable, and particularly the crops of Wheat throughout the United States are estimated to exceed by one half the produce of any preceding year, at the same time, that the quality is uncommonly excellent.

With sentiments &c.

TO CHARLES PINCKNEY.1d. of s. mss. instr.

Washington, Department of State,
October 25th, 1801.

Sir:

In the instructions, accompanying your Commission, it was not forgotten, that the trespasses of Spain on our commerce had laid the foundation for strong complaints and reclamations on the part of the United States; and it was accordingly made your duty to press them in a proper manner on the Spanish Government. As this violation of our neutral rights prevailed most during the misunderstanding between the United States and the French Republic, and was generally marked under, or confounded with the Commission and flag of the latter it was hoped that with the termination of that misunderstanding, would have terminated also the abuses which Spain had permitted her subjects to connect with it. By the documents hereto annexed consisting of a letter from the President of the Insurance Company of North America, a memorial from the Chamber of Commerce of Philadelphia, a letter from Thomas Fitzsimons Esq. and several private letters from the Captains and Supercargoes of the captured vessels, you will find that instead of fulfilling this reasonable hope, the predatory cruizers from the port of Algeciras have assumed a recent activity peculiarly alarming to our merchants. American property to a very heavy amount has already been a prey to the Spanish Gun boats from that asylum, and it is justly apprehended from the extent of our commerce flowing thro’ the same channel, that a still greater portion of it will be exposed to the same fate. This apprehension is the greater, as the general disarming of our merchantmen, produced by the reconciliation with France, removes the check heretofore given to the predatory boats by the means of resisting their enterprizes.

The pretext for the seizure of our vessels seems at present to be, that Gibraltar has been proclaimed in a state of Blockade, and that the vessels are bound to that port. Should the proceeding be avowed by the Spanish Government, and defended on that ground, you will be able to reply.

1st That the proclamation was made as far back as the 15th of Feby 1800, and has not since been renewed; that it was immediately protested against by the American and other neutral Ministers at Madrid, as not warranted by the real state of Gibraltar, and that no violations of neutral commerce having followed the proclamation, it was reasonably concluded to have been rather a menace against the enemies of Spain, than a measure to be carried into execution against her friends.

2nd That the State of Gibraltar is not and never can be admitted by the United States to be that of a real blockade. In this doctrine they are supported by the law of Nations as laid down in the most approved Commentators, by every Treaty which has undertaken to define a blockade, particularly1 those of latest date among the maritime nations of Europe, and by the sanction of Spain herself, as a party to the armed neutrality in the year 1781. The spirit of Articles XV and XVI of the Treaty between the United States and Spain, may also be appealed to as favoring a liberal construction of the rights of the parties in such cases. In fact this idea of an investment, a seige or a blockade, as collected from the authorities referred to, necessarily results from the force of those terms; and though it has been sometimes grossly violated or evaded by powerful nations in pursuit of favorite objects, it has invariably kept its place in the code of public law, and cannot be shown to have been expressly renounced in a single stipulation between particular nations.

3d That the situation of the naval force at Algeciras in relation to Gibraltar has not the shadow of likeness to a blockade as truly and legally defined. This force can neither be said to invest, besiege or blockade the Garrison, nor to guard the entrance into the port. On the contrary the gun boats infesting our commerce have their stations in another harbour separated from that of Gibraltar by a considerable Bay; and are so far from beleaguering their enemy at that place, and rendering the entrance into it dangerous to others, that they are, and ever since the proclamation of a blockade, have been, for the most part kept at a distance by a superior naval force which makes it dangerous to themselves to approach the spot.

4th That the principle on which the blockade of Gibraltar is asserted, is the more inadmissible, as it may be extended to every other place in passing to which vessels must sail within the view and reach of the armed boats belonging to Algeciras. If because a neutral vessel bound to Gibraltar can be annoyed and put in danger by way-laying cruizers, which neither occupy the entrance into the harbour nor dare approach it, and by reason of that danger is liable to capture, every part of the Mediterranean coasts and islands, to which neutral vessels must pass thro’ the same danger, may with equal reason be proclaimed in a state of blockade, and the neutral vessels bound thereto made equally liable to capture; or if the armed vessels from Algeciras alone, should be insufficient to create this danger in passing into the Mediterranean, other Spanish vessels co-operating from other stations, might produce the effect, and thereby not only blockade any particular port, or the ports of any particular nation, but blockade at once a whole sea, surrounded by many nations. Like blockades might be proclaimed by any particular nation enabled by its naval superiority to destribute its ships at the mouth of the same, or any similar sea, or across channels or arms of the sea, so as to make it dangerous for the commerce of other nations to pass to its destination. These monstrous consequences condemn the principle from which they flow, and ought to unite against it every nation, Spain among the rest, which has an interest in the rights of the sea. Of this Spain herself appears to have been sensible in the year 1780, when she yielded to Russia ample satisfaction for seizures of her vessels made under the pretext of a general blockade of the Mediterranean, and followed it with her accession to the definition of a blockade contained in the armed neutrality.

5th That the United States have the stronger ground for remonstrating against the annoyance of her vessels on their way to Gibraltar, inasmuch as with very few exceptions, their object is not to trade there for the accommodation of the Garrison, but merely to seek advice or convoy for their own accommodation in the ulterior objects of their voyage. In disturbing their course to Gibraltar, therefore, no real detriment results to the enemy of Spain, whilst a heavy one is committed on her friends. To this consideration it may be added that the real object of a blockade is, to subject the enemy to privations, which may co-operate with external force compelling them to surrender, an object which cannot be alleged in a case, where it is well known that Great Britain can and does at all times by her command of the sea, secure to the Garrison of Gibraltar every supply which it wants.

6th It is observable that the Blockade of Gibraltar is rested by the proclamation on two considerations, one that it is necessary to prevent illicit traffic, by means of neutral vessels, between Spanish subjects and the Garrison there; the other that it is a just reprisal on Great Britain for the proceedings of her naval armaments against Cadiz and St. Lucar. The first can surely have no weight with neutrals, but on a supposition never to be allowed, that the resort to Gibraltar under actual circumstances, is an indulgence from Spain not a right of their own; the other consideration without examining the analogy between the cases referred to and that of Gibraltar, is equally without weight with the United States, against whom no right can accrue to Spain from its complaints against Great Britain; unless it could be shown that the United States were in an unlawful collusion with the latter, a charge which they well know that Spain is too just and candid to insinuate. It cannot even be said that the United States have acquiesced in the depredations committed by Great Britain under whatever pretexts on their lawful commerce. Had this indeed been the case, the acquiescence ought to be regarded as a sacrifice made by prudence to a love of peace, of which all nations furnish occasional examples, and as involving a question between the United States and Great Britain, of which no other nation could take advantage against the former. But it may be truly affirmed, that no such acquiescence has taken place. The United States have sought redress for injuries from Great Britain as well as from other nations. They have sought it by the means which appeared to themselves, the only rightful judges, to be best suited to their object; and it is equally certain that, redress has in some measure been obtained, and that the pursuit of complete redress is by no means abandoned.

7th Were it admitted that the circumstances of Gibraltar in February 1800, the date of the Spanish proclamation, amounted to a real blockade, and that the proclamation was therefore obligatory on neutrals; and were it also admitted that the present circumstances of that place amount to a real blockade (neither of which can be admitted) still the conduct of the Algeciras cruziers is altogether illegal and unwarrantable. It is illegal and unwarrantable, because, the force of the proclamation must have expired whenever the blockade was actually raised, as must have been unquestionably the case, since the date of the proclamation, particularly and notoriously when the port of Algeciras itself was lately entered and attacked by a British fleet, and because on a renewal of the Blockade, either a new proclamation ought to have issued, or the vessels making for Gibraltar, ought to have been pre-monished of their danger and permitted to change their course as they might think proper. Among the abuses committed under pretext of War, none seem to have been carried to greater extravagance or to threaten greater mischief to neutral commerce, than the attempts to substitute fictitious blockades by proclamation, for real blockades formed according to the law of nations; and consequently none against which it is more necessary for neutral nations to remonstrate effectually before the innovations acquire maturity and authority, from repetitions on one side and silent acquiescence on the other.

In these observations, which it may be proper for you to make to the Spanish Government, in case justice should not have been yielded by it to the interpositions which will no doubt have been previously tried by Col^o. Humphreys or yourself, or by both. Letters from the former of the 21 and 29 of August shew that several cases of seizure had been made known to him, and that he had it in view to carry them before the Spanish Government. Considering the amicable disposition manifested in general by that Government towards the United States, and the mutual interest it has in maintaining perfect harmony with them, the President indulges the strongest hopes that the earliest opportunity will have been seized for repairing the wrongs which have been committed, and for preventing a repetition of them Should this hope prove falacious, it will be your duty to press these objects, by fair and frank representations, aided by the communications now made to you, and by an appeal to the express instructions from the President included in them; mingling always with your requisitions assurances of the cordial sentiments cherished by the United States towards Spain and their entire confidence in her disposition to evince that justice and respect for our rights which is not less congenial with her own high character than it is necessary for our satisfaction

I have the honor to be, &c.

TO RUFUS KING.d. of s. mss. instr.

Department of State,
December 22, 1801

Sir.

In my last of the 10th instant, I took occasion to remark to you the extensive injury threatened to our navigation by the countervailing Act of Great Britain, the inconsistency of that act, in our judgment, with the true sense of the Treaty of 1794, and the several remedies for the case, which occurred for consideration;—among which that of a revision of the British Act, and an adjustment of it to a more equitable rule, was suggested as an object proper to be sought by your immediate interposition with the British Government. The circumstances of haste and indisposition under which the latter was written rendered the development of the subject so incompetent that it cannot be too soon resumed.

I must repeat that the Treaty of 1794 in authorizing a countervailing duty on the part of Great Britain, can be fairly understood to mean no more than that the navigation of the two countries might be put on as equal a footing as it would have remained on, if the regulation of Congress to be countervailed, had never passed. This position does not appear to be susceptible of denial or controversy. In order to re-establish such an equality, either of two courses would have been sufficient; first that of repealing the regulations of Congress charged with introducing an inequality in our favor; or secondly that of enacting in Great Britain regulations countervailing or balancing the inequality, and consequently having the like effect of re-establishing an equality. As the first course was not taken by the United States, and as that taken by Great Britain has produced a greater inequality in her favor than before existed against her, an important question now to be considered is, by what remodification, her countervailing act can be made to produce the just equality contemplated by the Treaty, in place of that transposed and augmented inequality resulting from the Act in its present form.

It seems clear that the British act in its present form has departed from the rule of justice and equality by making her own tariff instead of that of the United States the basis of an act for countervailing and equalizing a discrimination founded on the latter tariff. The deviation, though leaving a sufficient advantage to the British navigation, would be more striking if the Act had adhered to the rigour of the British tariff as the assumed construction of the Treaty would have authorized. The difference, for example, of one shilling and six pence sterling per hundred pounds of tobacco might have been raised as high as five shillings, amounting to twelve or fifteen dollars per Hogshead. Pig iron is another example: the difference of 6½ per ton might have been raised to more than 30 p Ct. of the value of the article. The British tariff in General being much greater than that of the United States one tenth of the former operating as a bounty in favour of British ships must proportionally exceed the operation of one tenth of the latter in favour of American ships.

Another observation to be made is, that the British act by imposing the countervailing burden on the productions of the United States, has made it impossible to regulate it according to any principle of sufficient uniformity and equality in relation to the ships of the two countries. How compare together things so different as the merchandize and manufactures of one country, with the heterogeneous productions of the other? In what mode is the value of the latter to be ascertained in British ports; as exactly as the value of the former is ascertained in the American ports? or if this difficulty should not be insurmountable, in the articles taxed according to their value; how, in what proportion, and by what classifications, are the American articles to be subjected to different rates in Great Britain, corresponding with the different rates of 7-½. 10 12-½ per Cwt 7c. assessed in the United States on the articles of Great Britain? or by what rule could an average of these rates, considering the inequality in value and bulk of the several classes of articles to which they are applied, be deduced, that would put the navigation of the two countries on that bona fide equality which the Treaty requires? or again, laying aside all the perplexities, how is it possible even to find a practicable rule of comparison and equalization for articles taxed not according to value; but according to quantity; and where the quantity may be defined in articles on one side by weight, and in articles on the other side by measure, and in some instances without any precise reference to either.

In addition to these considerations, it is of decisive importance that the tendency of a countervailing regulation applied to the productions of the United States imported into Great Britain is to favour the carriage of these in British bottoms; as the carriage of British manufactures in American bottoms, is favoured by the discriminating duty of the United States. Now as the productions of the United States, from their bulky character, employ at least ten times the tonnage which is required for the exports of Great Britain, and as it is always to be kept in view that the object of the Treaty was not to encourage or discourage the productions or manufactures, or even the Commerce of both countries, but merely to give a fair equality and competition to the vessels navigating between them, it follows both that an undue advantage accrues to the British navigation, and that the object of the Treaty is proportionally violated by any discriminating burden on the productions of the United States, which will give to British bottoms a preference in the carriage of them. If a regulation of this sort could be just or within the meaning of the compact at all, it ought to be so contrived as to give a preference to the same number of British vessels in carrying the productions of the United States to Great Britain as there is of american vessels enjoying under our law a preference in bringing British merchandize to the United States; that is to say, on the supposition that our exports to Great Britain employ ten times as many vessels as her exports to this country, that her countervailing regulations ought to secure to her vessels the carriage of only of our productions, or in any point of view, such a proportion only as would leave to the vessels of the United States as much of the carriage of our productions as with their carriage of the manufactures of Great Britain, imported into this country, would divide equally between American and British vessels the joint amount of the carriage between the two countries. It is manifest however, that no regulation could be so skilfully shaped as to produce such a result. And it is equally certain that the regulation actually adopted by Great Britain must have the effect of monopolizing the transportation of the whole mass of our bulky articles, whilst the most that can be hoped by the United States will be a monopoly for their vessels of British articles not amounting to one tenth of that bulk. Nay, even this very unequal monopoly cannot be expected; because, of the many British vessels bound for our productions, it would often happen that some instead of coming in ballast would take a cargo without freight or with little freight, and in that way increase the balance of their navigation against the American side of the account.

If these remarks be in any degree just, they must prove that with a view to a bona fide and practicable mode of imposing a countervailing duty Great Britain must withdraw it from the American productions which are so various in themselves and so dissimilar to her articles of merchandise as to admit of no rational comparison between them for the purpose in question, as well as renounce the use of a tariff so much exceeding that which is the basis of our discriminating duty, and must seek for a countervailing rule where alone it can be found, viz in the application of the same duty to the same objects which in the regulation of the United States produced the state of things which is to be countervailed. She must impose on her exports to this Country, in american bottoms the same discrimination of 10 p Cent as our law imposes on her exports to this Country in British bottoms. This will produce a real and precise countervailing effect, and this alone can produce one that will be real and precise.

To this expedient for redressing at once, the existing inequality in favour of British bottoms, and the inequality in favour of american bottoms complained of at the date of the Treaty, and provided against by that instrument it may be objected that the american tariff applied to British Articles in american ports, might not be applicable to the same articles on their leaving British ports. But it is probable that the adjustment of our tariff to the latter case would be made with as little difficulty and in fewer words than are now employed in the complicated regulations on this subject contained in the British Statute. It may also be objected that as american vessels bound with cargoes from Great Britain to the United States might clear out for other countries the additional duty of 10 p Cent might be eluded, and the British thereby deprived of the benefits of the Treaty. To this objection the answer is, that the abuse might be guarded against by requiring in Great Britain security from american vessels that they shall produce a certificate of their having delivered their cargoes elsewhere than in the ports of the United States; or by an engagement on the part of the United States to require from their vessels bringing cargoes from Great Britain, a certificate of their having there paid the discriminating duty, or by both of these regulations. It may be further answered, that however imperfect or inconvenient these precautions may be, they are less objectionable than the palpable violation of equality existing under the present countervailing act. Lastly it may be said by the British administration that such a modification of the countervailing act would be the same thing with a repeal of all discrimination, and that the latter as the more simple and convenient remedy, ought to be preferred. Should this be said it will amount to an admission of the solidity of our objections to the present countervailing Act which works a very different effect, and will lead to the measure of repealing both that act and the Act of Congress—so far as they relate to the additional duty of 10 p Cent. If this measure can be immediately accomplished, it claims a preference, on the whole, over any other expedient, and if the British Government is disposed to come into it, an act of Parliament can readily be passed with a clause suspending its operation on a proclamation to be issued by the Executive authority on due notice of a correspondent repeal by Congress. And Congress if so disposed, can also immediately pass an act for the purpose with a like suspending clause. This might be the more expected as it is probable the difficulty, hinted in my last, as incident to a repeal of the discriminating duty here may be got over, and as such a proposition, which you will find in the newspaper, herewith sent, is now depending before the House of Representatives. In the meantime however, until these concurrent repeals shall be put into force, our navigation will continue to suffer, unless some alleviating regulation can be obtained from the equity and liberal policy of the British Government.

Were the constitution not a barrier to duties on exports, it would not be very difficult for Congress to provide a remedy of themselves by repealing the present discrimination on imports, and imposing on our exports in British bottoms precisely the same duty, which her countervailing clauses adds on the importation of them in american bottoms, into Great Britain. Such measure could not be complained of by Great Britain, and the principle of it is exactly the same with that of the measure above contended for, as a necessary substitute for the present countervailing act of Great Britain; in case the better remedy of a repeal of the Acts on both sides, cannot be put into immediate train.

From the view here taken of the subject it seems advisable that you promote through the medium of proper representations and explanations to the British Government, a repeal of the countervailing part of the British statute, on the condition above stated, so far as respects the difference of 10 p Ct. With respect to the tonnage duty, which is made the same in its rates with that of ours, and which in case the 10 p Ct. duty be removed, is not likely to operate on more of our vessels than our tonnage duty will on British vessels, it may perhaps be well not to include that in the repeal, especially as it would have the effect of substracting that much from our revenue. A better course will be, if the British Parliament be pliant on the occasion for the repealing act to be so modified as to apply to one or both discriminations, as may concur with the Act of Congress which also if Congress should view the subject in the same light can be modified in a similar manner.

The temptation of Great Britain to detain our seamen in her service, having expired with the war, it is hoped there will be no difficulty in obtaining a general discharge of them, without the further trouble of proof, or particular enquiry. And you will perceive the propriety of hastening the measure, as much as possible for the sake of those who may be on board of ships allotted for distant stations or service. Whenever these unfortunate people may be discharged, justice will require that their dues of every sort, be paid off, and their return to their own Country be provided for.

The Convention with France has received the sanction requested from the Senate, by the President, and the Proclamation of it has issued accordingly, you will find it in one of the inclosed newspapers.

With the highest respect & consideration, &c.

[1 ]Pickering is meant. See Hamilton’s pamphlet in Works of Hamilton (Lodge) vi, 391.

[1 ]Ellsworth.

[2 ]Davie.

[1 ]There was a fire in the War Department November 8, 1800, and in the Treasury Department January 20, 1801. The Republicans at once charged that they were incendiary. For the report of the committee of inquiry see Gibbs’s Administrations of Washington and Adams, ii, 478, et seq.

[1 ]James Thompson Callender was sentenced in the spring of 1800 under the sedition law to nine months’ imprisonment and to pay a fine of $200. This law Jefferson considered to be “a nullity” and Callender, being released about the time Jefferson’s administration began, conceived that the fine should be reimbursed him. Callender threatened the President, and Monroe seemed to be in great fear of him. He came to Washington in June, 1801, and confided everything to Madison, for whom he entertained great regard. Life of Madison (Hunt), 278 et seq.

[1 ]Minister to England Madison assumed office as Secretary of State May 2, 1801.

[1 ]

TO WILSON C. NICHOLAS.2

Washington, July 10, 1801.

My Dear Sir,—

I cannot at so late a day acknowledge your two favors of [blank] without an explanation, which I am sure your goodness will accept as an apology. Having brought with me to this place a very feeble state of health, and finding the mass of business in the department, at all times considerable, swelled to an unusual size by sundry temporary causes, it became absolutely necessary to devote the whole of my time & pen to my public duties, and consequently to suspend my private correspondences altogether, notwithstanding the arrears daily accumulating. To this resolution I have thus far adhered. I must now endeavor to make some atonement for the delay, and your case is among the first that is suggested both by obligation & inclination.

That one of your letters which is confidential has been imparted to no person whatever. The P. O. Genl. continues in the hands of Col. H., who, though not perhaps sufficiently in the views of the administration, is much respected personally, & is warmly espoused politically also by some of the purest and most weighty of our friends.3 It will be difficult to make a satisfactory arrangement for this debt that will not involve transaltions, &c., which will prevent a real vacancy. Besides this, I am inclined to believe that the P. would be afraid to draw on Virga agst competitions which wd. abound from other States. The individual spoken of by you would, as you must be well assured, be perfectly desired as an associate in the public business, on every consideration, unless it be on that of robbing another important station of his services.

Little has occurred which you have not found in the newspapers. The task of removing and appointing officers continues to embarrass the Ex. and agitate particular parts of the Union. The degree, the mode, & the times of performing it are often rendered the more perplexing by the discord of information & counsel received from different persons whose principles & views are the same. In Connecticut the fever & murmur of discontent at the exercise of this power is the greatest. The removal of Goodrich & appt. of a respectable repuln. have produced a remonstrance to the President in the strongest terms that decorum would tolerate. The spirit in that State is so perverse that it must be rectified by a peculiar mixture of energy and delicacy. The Secyship of the Navy is still unfilled, Langdon havg. lately sent his final refusal. The P. has just offered it to Mr. Robt. Smith, who we hope will be prevailed on to take it.

Our news from abroad have not yet decided the fate of Egypt or furnished any sufficient data for calculating it. It is believed the Emperor Alexander will endeavor to keep at peace both with France & G. B., & at the same time not abandon the principle of the Coalition. This can only be done by mutually winking at mutual violations of their respective claims.

It is believed, or rather directly asserted by a consul just returned from St. Domingo, that Toussaint will proclaim in form the independence of that island within 2 or 3 weeks. This event presents many important aspects to the U. S., as well as to other nations, which will not escape your eye. Lear1 had not arrived there when the above person came away. We are impatient for the information which may be expected from him.

You have probably heard the rumour of a cession of Louisiana to France by a late & latent treaty with Spain. The fact is not authenticated, but is extremely probable. If otherwise not probable, it is rendered so by the apparent policy of counteracting the Anglicism suspected in the Atlantic States & the alarm excited by Blount’s affair of some combined project to throw that country into the hands of G. B. The subject engages our attention, and the proceedings deemed most suited to the complexity of the case, and the contrariety of interests & views involved in it, will be pursued. It may be inferred, I think, that if France becomes possessed of this object, her policy will take a shape fitted to the interests and conciliatory to the minds of the Western people. This and the preceding paragraph need not be of promiscuous use. I hope to leave this place within two weeks, or thereabouts, being admonished to hasten it by a late slight attack of bile to which my constn. is peculiarly prone.

[1 ]Minister to Spain.

[1 ]See late Treaties between Russia & Sweden & between Russia and Great Britain. (Note in the original.)

[1 ]

TO WILSON C. NICHOLAS.2

Washington, July 10, 1801.

My Dear Sir,—

[2 ]From Mass. Hist. Collections, Seventh Series, vol. i, p. 96. (Coolidge Collection of Jefferson Papers.)

[3 ]Joseph Habersham was Postmaster General until the latter part of 1801, when he was succeeded by Gideon Granger of Connecticut.

[1 ]Tobias Lear was on his way to Santo Domingo at the time, having been appointed General Commercial Agent May 11, 1801.

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1801: TO THOMAS JEFFERSON. mad. mss. - James Madison, The Writings, vol. 6 (1790-1802) [1906]

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TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

TO THOMAS JEFFERSON.mad. mss.

Dear Sir,—

TO JAMES MONROE.mad. mss.

Dear Sir

TO JAMES MONROE.mad. mss.

Dear Sir.—

TO RUFUS KING.1d. of s. mss. instr.

Sir:

TO RUFUS KING.d. of s. mss. instr.

Sir:

TO CHARLES PINCKNEY.1d. of s. mss. instr.

Sir:

TO RUFUS KING.d. of s. mss. instr.

Sir.

TO WILSON C. NICHOLAS.2

My Dear Sir,—

TO WILSON C. NICHOLAS.2

My Dear Sir,—