Thomas Jefferson Papers
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To Thomas Jefferson from James Madison, 18 August 1804

From James Madison

Aug. 18. 84. [i.e. 1804]

Dear Sir

I recd. yesterday your two favors of the 15 & 16th. Among those now inclosed is a renewal of Pichon’s complaints which strengthens your observations in the close of yours of the last date. He is well founded in the view he takes of the abuse made by the British ships of their connection with the Harbour of N.Y. He exacts too much however in requiring our effective “surveillance” over the jurisdictional limit of the U.S. which in the extent from St. Croix to St. Mary wd. be impossible, & if possible call for a force & expence inconsistent with our whole system of policy. Such a surveillance even over the limit connected with all our numerous harbors would exceed our reasonable obligation, and render an exclusion of Belligerent ships altogether the more eligible horn of the dilemma. Nor would even this course avoid all difficulty; for questions might still arise whether certain acts were committed within or within the distance of a league from the shore, and without a force every where, the prohibition of our ports &c. might be insulted as is now that of the general law of Nations. These observations are not meant to invalidate the policy of that degree of force which is contemplated for the defence of our ports & coasts. Such a provision as a reasonable effort to maintain our neutral character will be a satisfactory answer to such of the Belligerent nations as are not unreasonable in their complaints & expectations.

Barney’s letter with its enclosure from Paris form another comment on the squabble between Mr. L. & the Comissonrs. If Barney’s claim has been rejected on the ground stated, it seems to be erroneous unless the claim arose from Transactions in which he was quoad such, a foreigner, tho’ in general a Citizen of the U.S. The Convention however having provided for its own exposition & execution, the Executive can only act on it diplomatically, or thro the means of more information. This course has been taken in the case of both Barney & Swan. Documents shewing that Barney had been paid, were obtained thro’ Genl. Smith before I left Washington, and forwarded to Paris, with an intimation that it was an act of justice to fair claimants not to let in unfair ones for a share in the 20 Miln. which were likely to be insufficient for the former.

Truly & respectfully yours

James Madison

RC (DLC); at foot of text: “The President”; endorsed by TJ as received from the State Department on 21 Aug. and so recorded in SJL, with a brace connecting it to Madison’s letter of 21 Aug. and notation “Pichon. Barney. Meditn. ratfn Georgia”; also endorsed by TJ: “Pichon.—Barney.” Enclosures: (1) Louis André Pichon to Madison, Philadelphia, 11 Aug., criticizing the United States for not taking proper measures to enforce international rules regarding the presence of belligerent warships in neutral ports, in particular the lack of surveillance of its jurisdictional limits; Pichon cites a recent case in which British cruisers anchored off Sandy Hook to blockade French frigates, receive supplies from New York, and impress sailors and passengers from British and American vessels; in this state of affairs, Pichon argues, American neutrality has been rendered illusory (Madison, Papers, Sec. of State Ser., 7:589-91). (2) Joshua Barney to Madison, Baltimore, 6 Aug., complaining that the commissioners at Paris have rejected his claim because he was serving in the French navy at the time his claim originated; Barney encloses an extract of a letter from Paris describing the “infernal discord” between Robert R. Livingston and the commissioners, and opinions by Maryland attorney general Luther Martin supporting Barney’s assertion of his claim (same, 565-6). (3) Probably Thomas FitzSimons to Madison, Philadelphia, 10 Aug., expressing the concerns of Philadelphia’s merchants over delays in settling their claims on France; FitzSimons also complains that vessels trading with “the ports of St Domingo in Possession of the Blacks” have been forced to arm themselves for protection against “french Cruizers”; most of the cruisers sailing under French colors lack commissions and are plundering American vessels indiscriminately; FitzSimons suggests negotiating an arrangement with the French government to permit U.S. trade with the island (same, 580-1). (4) Probably William C. C. Claiborne to Madison, New Orleans, 12 July, stating that the call for “a meeting of the free people of Colour for the purpose of Memorializing Congress” created “inquietude” among whites in the city that is only now subsiding; prompted by city officials, Claiborne expressed his disapprobation to nine of the “influential free men of Colour,” who gave assurances of their peaceful intentions and attachment to the present government; Claiborne will continue his efforts to maintain peace between “White and mulatto inhabitants” and reiterates his belief that there is nothing to fear from either the free black or the enslaved population, although he worries that Louisiana may experience some of the “misfortunes of St. Domingo” if Congress permits a continuation of the African slave trade; support for the trade is almost universal in Louisiana, but Claiborne looks forward to 1 Oct., when the ban on slave imports will go into effect (same, 444-5). (5) Probably a private letter from Claiborne to Madison, New Orleans, 13 July; Claiborne believes that the memorial to Congress, which has gathered many signatures, was written by Edward Livingston with the assistance of Daniel Clark and Evan Jones; the “highly inflammatory” document could generate discontent among Louisianians; Pierre Derbigny, Jean Noël Destréhan, and Pierre Sauvé will carry the memorial to Washington; all are natives of France and “warm advocates” of the slave trade; Claiborne has a good opinion of Derbigny and Sauvé, but warns that Destréhan is attached to France and greatly mortified by the cession of Louisiana (same, 448-9). (6) Claiborne to Madison, New Orleans, 14 July, enclosing an account of the proceedings of the memorialists to Congress and an address signed by many prominent inhabitants expressing their gratitude for the benevolent acts of the king of Spain; Claiborne has long been uncomfortable with the continued presence of the Marqués de Casa Calvo and Juan Ventura Morales and hopes that all the agents of France and Spain will soon be withdrawn from Louisiana (same, 451). (7) Probably S. B. Wigginton to Madison, Bordeaux, 31 May, reporting that U.S. passports are frequently abused in Europe and recommending that a physical description of the holder be added to deter future misuse; Wigginton also complains that many Loyalists who left the United States at the end of the American Revolution have obtained “protections, very often to the injury of the nation,” from foreign officials (same, 269-70). (8) Probably Wigginton to Madison, 9 June, forwarding a copy of his 31 May letter (same, 303). (9) Probably Archibald Wilson, Jr., to Madison, Greenock, Scotland, 13 Apr., suggesting that it would be more convenient for American vessels to locate the U.S. consul for the River Clyde at Greenock instead of Glasgow (same, 44). (10) Probably Wilson to Madison, Greenock, 18 Apr., repeating the recommendations made in his 13 Apr. letter; his familiarity with the subject comes from his father, who has been in the commission business at Greenock for a number of years (same, 79). (11) Probably John Lamson to Madison, Trieste, 2 May, seeking reimbursement for expenses incurred as a result of his accepting a commission as consul (same, 129-30). (12) Probably Jacob Ridgway to Madison, Antwerp, 15 June, enclosing a copy of his 9 May letter; he has sent his commission as commercial agent at Antwerp to Livingston, but has yet to receive his exequatur (same, 321-2). (13) Probably George Joy to Madison, London, 16 Apr., reporting on recent diplomatic efforts to secure the release of, and restitution for, American vessels seized at Buenos Aires in 1802; he also comments on the French execution of the Duc d’Enghien for his alleged involvement in the recent assassination plot against Napoleon, as well as the publication of letters by Francis Drake, the British minister at Munich, that allegedly demonstrate Britain’s involvement in conspiracies against the emperor (same, 70-3).

yours of the last date: actually TJ to Madison, 15 Aug.

quoad such: that is, quoad hoc, meaning “with respect to this” (Bryan A. Garner, ed., Black’s Law Dictionary, 8th ed. [St. Paul, Minn., 2004], 1283; Madison, Papers, Sec. of State Ser., 7:616n).

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