James Madison Papers
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https://founders.archives.gov/documents/Madison/02-12-02-0334

To James Madison from Thomas Newton, 14 August 1806 (Abstract)

From Thomas Newton, 14 August 1806 (Abstract)

§ From Thomas Newton. 14 August 1806, Collector’s Office, Norfolk. “The Schooner Tartar belonging to Chas & Joseph Cooper of Hampton is now here, being one of the vessels which the Brittish envoy supposed was fitting for a cruizer against his nation, she is built on the pilot boat plan: with a trunk fore and aft, small window holes are in the trunk, and a platform below for the accomodation of the hands, & passengers, Chas & Joseph Cooper natives of this State have sworn they are Citizens & sole owners of the said schooner Tartar, having produced the Carpenters certificate sworn also to, that the vessel was built for them, apply’d for a Register, which I considered my duty to grant them and also a Clearance for St. Marys in Georgia, a port in the U States, to which they are bound, before any papers was granted, I had the vessel examind by the Surveyor accompanied by an inspector, whose report, I inclose which will shew, no warlike implements were conceald.1 My best endeavors have been used & every means tried to find out what this vessel was intended for, without effect. I could get no proofs whatever, & did not think myself justifiable in restraining a vessel, that was claimd by Citizens and who had Complyd with the Law for registering vessels. I apply’d to the Brittish Consul to know if he had any evidence or proof, he had none but general report as I had, which evidence I beleive would not induce the condemnation of a vessel in a Court; be assured that nothing shall be wanting in me to prevent any breech of our Neutrality & I have taken every precaution to detect a contravention thereof, but there are so many ways, to evade the Law, that it is almost impossible to prevent it, if men can be found depraved enough to swear false, they can only be punished by indictment & conviction, & the officer cannot refuse the Oath of any person, who has not been found guilty of perjury. This vessel is unarm’d bound to a port in the United States, with passengers, men women & children & not the least danger of Committing hostilities, Mr. Jno. Cooper & family is to go out in her, he is not a Citizen, mr Geo Goosely & a mr Grigsby, who I beleive are both Citizens, are passengers, who else, I have not heard. She now goes as a Packet, as I am inform’d, & sails as such, as many others do, from one port in the United [sic] to another, these facts appear to me to be correct, at present, what intentions the owners may have I cannot come at, but for many years past, our Citizens have built such vessels, & sent them to differant nations to sell, whether this may be the case with the present one I know not, but it is the general opinion here, among the Merchts. & Citizens that they have a right to Construct vessels on the fast sailing plan, & carry them out and sell them to any Nation, I beg you’l pardon me for this detail, I submit it to you for consideration, & shall be very thankful for your instructions on this subject. Very2 few vessels, that go out to sea, without ports, & other warlike appearances, are such to be deem’d illegal, & what proceedings must be taken with them. Should they arm I know of no law, at present to prevent it & the act for taking bonds, on Armed Merchant vessels has Expired & one to prohibit the trade with Hayti substituted; I again beg pardon & hope for such instructions, that I cannot err it being my desire to do what is right & Just according to the laws & if I should do wrong, it will be witht. intention, as my greatest desire is, for the public good, having no private vice’s to operate on me.”

RC and enclosure (DNA: RG 59, ML). RC 3 pp.; docketed by Wagner. For enclosure, see n. 1.

1The enclosure was Copeland Parker to Newton, 14 Aug. 1806 (1 p.; docketed by Wagner), stating that he and inspector Francis Benson had examined the Tartar at Craney Island, that they “had access to every part of the Vessel where it was probable or possible for warlike implements to be concealed,” and that they found none. Benson also signed the statement.

2Preceding “very,” Newton wrote and canceled “There a.”

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