James Madison Papers
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https://founders.archives.gov/documents/Madison/02-12-02-0453

To James Madison from George W. Erving, 13 September 1806 (Abstract)

From George W. Erving, 13 September 1806 (Abstract)

§ From George W Erving. 13 September 1806, Madrid. No. 14. “In my letter No. 10. (August 9th.) I had the honor to submit to you the steps which I had taken with respect to the cargoes of three American Vessels lately condemned at Algeciras, & to transmit copies of my note to Mr. Cevallos (August 3rd.) & of his answer (August 6th.). The inclosed is a copy of what I wrote to him September 2nd. on the same subject, to which he has not hitherto replied.1 But I have the satisfaction of informing you that the cargoes of two other American Vessels which were brought into Algeciras on the 28th. & 30th. of last month, & which were not in any respect more favorably circumstanced than the three cargoes first mentioned, have been liberated without delay, & after a slight examination only of the papers by the Commandant of Marine & Auditor of War. One of these Vessels, ‘the Cumberland,’ Erasmus James Pierce, master, was from Belfast, & loaded principally with Irish provisions for the Garrison of Gibraltar; but even this unfavorable destination to a port frequently called ’blockaded’ has not operated against her. The other vessel the ’Rebecca,’ of Norfolk, was from London & Plymouth for Leghorn, with a rich cargo of Sugar &ca., & there were some inaccuracies found in her clearance & role of equipage: These however were not deemed by the Commandant & Auditor to be sufficiently important to authorize her detention; and she was accordingly liberated, but the Captors determined to appeal against their decision: this is considered as a very extraordinary & hopeless measure, & the Commandant has required if they persist in appealing, that they should lodge an ample security to indemnify the Captain for all the losses & expences which may arise from the detention, should their judgement be confirmed. In this state the affair rested by the last advices, & the probability is that the Captors will conclude not to appeal.”

RC and enclosure (DNA: RG 59, DD, Spain, vol. 10). RC 2 pp.; marked “(Duplicate.)”; in a clerk’s hand, signed by Erving. For enclosure, see n. 1.

1In the enclosed letter (7 pp.; filed with Erving to JM, 2 Sept. 1806), Erving informed Pedro Cevallos that he had delayed replying to Cevallos’s 6 Aug. 1806 letter in order to gather additional information about the cases of the ships condemned at Algeciras, but had found nothing to change his belief that the Spanish government was bound by the Treaty of San Lorenzo to nullify the sentences, rather than requiring the owners to appeal to the superior court. The arguments he had made in the case of the Recovery were relevant in the current cases as well, Erving wrote, though the recent condemnations were even more unfounded because there was no question that the vessels had all the papers required by the treaty. Furthermore, past decisions of the superior court indicated that justice would probably not be done there; but if the king’s order that all Spanish courts abide by the treaty actually changed that likely outcome, the lower tribunal should obviously have come to the same conclusion.

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