James Madison Papers
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To James Madison from Jacob Wagner, 26 September 1806

From Jacob Wagner

Department of State 26 Septr. 1806

Dear Sir

The three Captains, whose protests against L’Eole are herewith, came from Annapolis a few days ago to lay their complaint before you.1 They told me, that her commander set off for Baltimore shortly after their arrival at the former place without giving them an opportunity of demanding compensation, and that none was offered. I advised them to return to their vessels and proceed to the several ports of their destination, where on unlading their cargoes they might obtain a survey and estimate of the damages; to send those documents to the department of State; and that in all probability you would ask compensation from the French Minister, who I thought could not pay them the cash at present, but might liquidate their claims.

Mr. Thom, having returned, informs me, that he has not in his possession the papers for Mr. Taylor’s patent, whence he concludes that he must have returned them.2 I have handed him the additional document enclosed in your letter.

Mr. Cathcart returned the day before yesterday, and the newspapers announced the actual sailing of Mellimelli.

The pamphlet in defence of Genl. Armstrong refers to documents as being in this office: they were received about the same time, but I have not thought it necessary to trouble you with them.3 The pamphlet was addressed in what appeared to me the handwriting of Genl. Armstrong’s Secretary.

I have reviewed Colo. Newton’s letters. There had been three seamen, said to be American, on board the Chichester. Two of them escaped and Colo. N. states the third to have proved to be an Englishman.4 I find no other on Mr. Brent’s list.

I have executed your directions contained in the letter of the 20th. in consequence of which some drafts are enclosed.

Mr. Merry has written to provide against any thing being sent to meet him after the 1st. or 2d. of next month.

I wish the Turks had chosen to go to Gibraltar instead of London, where I am afraid they may not be received or at least may become a burthen to the Consul. I remain, Dr Sir, with the greatest respect & attacht. Your obed. servt.

Jacob Wagner

RC (DLC). Docketed by JM. Enclosures not found, but see n. 1.

1The French ship Éole, part of Jerome Bonaparte’s squadron, was badly damaged off the U.S. coast in the hurricane of late August 1806. In order to ensure the safety of his crew in case the ship went down while making for a U.S. port, Capt. Louis Gilles Prévost de Lacroix detained five vessels he encountered and held them until he reached Annapolis. Among the captive ships were the Danish brig Dorothea, Captain Boyson, and the U.S. brig Sally, Captain Glavanny. The schooner Susan Oliver was also detained, but its captain, Thompson, received “an order on government for pay for his services” (New York People’s Friend & Daily Advertiser, 18 Sept. 1806; Baltimore Weekly Price Current, 18 Sept. 1806; New-York Commercial Advertiser, 20 Sept. 1806).

3Wagner referred to John Armstrong’s Examination of the Memorial of the Owners and Underwriters of the American Ship the New Jersey (Shaw and Shoemaker description begins R. R. Shaw and R. H. Shoemaker, comps., American Bibliography: A Preliminary Checklist for 1801–1819 (22 vols.; New York, 1958–66). description ends 10378), which bears an “Advertisement” inside its front cover: “This Examination would have sooner appeared, but for the remoteness of the source from which the Documents proper to it have been drawn; the fulness of these will, we hope, amply atone for the delay in presenting them. Their originals are to be found in the Office of the Secretary of State.” Copies of many of the documents in the pamphlet were enclosed in Armstrong’s letters to JM of 9 Mar. 1806 (PJM-SS description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (12 vols. to date; Charlottesville, Va., 1986–). description ends 11:364, 365 n. 6) and 2 June 1806. For the case of the New Jersey, see Philip Nicklin and Robert Eaglesfield Griffith to JM, 25 July 1805, PJM-SS description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (12 vols. to date; Charlottesville, Va., 1986–). description ends 10:133–37.

4See Thomas Newton to JM, 23 and 28 Aug. and 2 and 5 Sept. 1806.

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