From James Madison to Anthony Merry, 6 May 1806
To Anthony Merry
Department of State May 6th. 1806
Sir,
The Misconduct of several British Ships of War, near the Harbour of New York, particularly the Leander, by a Ball from which an American Seaman on board a Coasting Vessel within the Jurisdiction of the United States, lost his Life, having been made the Subject of a Conversation with which you favored me a few Days ago,1 I take the Liberty of inclosing you a Copy of a Letter to the Mayor of New York from Captain Whitby, the Officer commanding the Leander, and also of his Orders to Lieutenant Cowen the Bearer of it.2 I will not, Sir, anticipate the Reflections which the Tenor and Tone of the Letter and Order cannot fail to suggest, further than merely to observe, that, in avowing an unlawful Purpose in the Act from which the Homicide happene⟨d⟩ the British Officer is evidently guilty of a Crime, which justifies the United State⟨s⟩ in expecting, that to the Animadversion on the other Offenders dictated by a just Respect to the Rights of the United States, and their friendly Relatio⟨ns⟩ with Great Britain, will be added eithe⟨r⟩ a Delivery of Captain Whitby, to be punished under the Authority of the United States, or a Substitution of the requisite Punishment, by the Authority of his own Government. In this Light⟨,⟩ Sir, the President flatters himself the Subject will be viewed, and that by rendering this reasonable Satisfaction an Accident, so melancholy in itself, will be made an Occasion of strengthening the Friendship and mutual Confidence which ought to be cherished between the Two Nations. I have the Honor to be &c
(signed) James Madison
Tr and Tr of enclosures (UkLPR: Foreign Office, ser. 5, 49:82–85); letterbook copy and letterbook copy of enclosures (ibid., ser. 115, 15:95v–99v). Tr marked “(Copy)”; enclosed in Merry to Charles James Fox, 1 June 1806 (ibid., ser. 5, 49:80–81). For enclosures, see n. 2.
1. On 4 May 1806 Merry reported to Charles James Fox that JM had asked to see him on 3 May and had informed him that Jefferson “felt himself obliged” be the action of the British ships “in cruizing and detaining Vessels within the waters and Jurisdiction of the United States” and by the fatality that had ensued, to issue a proclamation commanding the Cambrian, Driver, and Leander to leave U.S. waters at once, and forbidding their future entry into U.S. ports as well as their being furnished supplies, and that JM supposed that Henry Whitby of the Leander “would take Care not to expose himself to be apprehended by the Civil Authority.” JM commented further on the violation of U.S. territory by Royal Navy ships in June 1804 and on the “general System which had been pursued by them of blockading, as he might term it, the American Ports” (UkLPR: Foreign Office, ser. 5, 49:59–63v). For the June 1804 incident to which JM referred, see 7:349–50 and n. 2.
2. The enclosures (5 pp.) are copies of (1) Capt. Henry Whitby of the Leander to DeWitt Clinton, 30 Apr. 1806, and (2) Whitby to Lt. John Cowan, 30 Apr. 1806. For the contents of the letters, see Clinton to JM, 3 May 1806, n. 1.