James Madison Papers
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To James Madison from Nicklin & Griffith, 3 January 1806 (Abstract)

From Nicklin & Griffith, 3 January 1806 (Abstract)

§ From Nicklin & Griffith. 3 January 1806, Philadelphia. “Observing in the Newspapers a publication relative to the case of the ship New Jersey,1 we think it a duty to ourselves to assure you, that we had no knowledge of that publication before it appeared from the press, nor how the publisher, became possessed of the documents, except from a Paris Gazette, and that we are exceedingly mortified at the occurrence.

“It is true that we have suffered much by the Conduct of General Armstrong, but we have no idea of making any appeal upon the Subject through the medium of the press. We rely as we have before stated to you, upon the justice of the Government—and the laws of the Country for ample reparation.”2

RC (DNA: RG 76, Preliminary Inventory 177, entry 180, Great Britain, Treaty of 1794 [Art. VII], British Spoliations, ca. 1794–1824, box 4, folder N). 1 p.; docketed by Wagner.

1Philip Nicklin and Robert Eaglesfield Griffith probably referred to an unsigned 20 July 1805 letter addressed to them from Paris that was published in Philadelphia papers on 3 Jan. 1806. The letter stated that the New Jersey case was decided, that François Barbé-Marbois had decided to pay one-third of the claim, which would have been 365,333 francs ($67,683), but that John Armstrong would not agree to pay more than 300,000 francs ($55,579). Napoleon had agreed and the correspondents were waiting for Armstrong to draw bills on the U.S. Treasury. The correspondents said a receipt for the whole claim was required, which would mention the sum actually paid, and added that the money would be distributed among the claimants in such a way that each would receive only three-elevenths of what they would have received had the full amount been paid. This situation, which even members of the French government considered unjust, was the direct result of the claims commission’s consultation with John Armstrong, who exceeded his authority and established as a principle that privateers had a right to capture American ships, since they were always insured in the United States; this caused the loss of about $147,000 to the claimants. They added that if trade were to continue, it was necessary for the U.S. government to “disavow in strong terms” Armstrong’s doctrine (Philadelphia United States’ Gazette, 3 Jan. 1806).

2For previous correspondence on the New Jersey, see PJM-SS description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (11 vols. to date; Charlottesville, Va., 1986–). description ends 6:346 and n. 1, 9:203, 10:133–37, 589–91.

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