To Thomas Jefferson from James Madison, 14 August 1802
From James Madison
Orange Aug. 14. 1802
Dear Sir
I red. last evening your two favors of the 9 & 13th. Before I left Washington I wrote to Simpson approving his refusal of passports in the cases required by the Emperor, and understood that the instructions from the Navy Dept. to Comodore Morris were founded on the same principle. It is to be inferred therefore that we are no longer on a footing of amity with Morocco: and I had accordingly retained your letter, and concurred in the provisional step taken for stopping the Gun carriages. As it is possible however that things may take a more favorable turn in that quarter, I have desired Mr. Brent to forward, with the quickest1 attention, whatever accounts may arrive, and also to let me know the day, as soon as it can be done, on which the General Greene is to sail. Should it be found that peace with Morocco cannot be preserved or restored without the concession demanded by him, my opinion decides that hostility is a less evil than so degrading an abandonment of the ground rightfully taken by us. As a consequence of this opinion, I concur in that which your quere intimates, that neither of the frigates in the Mediterranean in a condition to remain ought to be recalled. I should prefer if circumstances admitted, that the force there ought rather to be increased, and with the greater reason as the blunder of McNeil may endanger the footing on which we stand with Tunis. May it not be proper, as soon as authentic information of this occurrence comes to hand, that something of a healing nature should be said from the Govt. to the Bey, in addition to the explanations which will no doubt be made from the naval commander.
The letter from Law the District Judge of Connecticut, was preceded by one to me from a Comissr. of Bankruptcy at Boston, representing the objection of Davis the D. Judge there, to proceed without such a notification as is proposed by Law. Viewing as you do the Commission itself, as the most authentic of all notifications, I did not give any answer, presuming that the scruples of the Judge would yield to further reflection. The letter from Law shall be answered to the effect which you suggest.
Among the papers now inclosed are applications from the Mechts. of Boston & Philada. for an interposition in behalf of their vessels &c detained in Spanish America. This is a delicate subject, and must be so handled as well for their interest as for the honor & dignity of the Govt. I suppose they may be told that Spain does not object to a Board for deciding on our complaints & that Mr. P. will endeavor to give it latitude eno’ for all just cases. The sending a public ship, as suggested by Fitzsimmons seems to have no National object, and to be of an injurious tendency.
Yrs. with respectful attachment
James Madison
RC (DLC); at foot of text: “The President of the U. States”; endorsed by TJ as received from the State Department on 16 Aug. and so recorded in SJL. Enclosures: (1) Stephen Higginson, Sr., and others to Madison, 23 July, not found (see ., 3:549, 550n). (2) Thomas FitzSimons to Madison, 6 [Aug.], not found (see same, 548–9). (3) Elias Boudinot to Madison, Philadelphia, 6 Aug., asking the secretary to convey his concerns to the president that the “malignant fever” spreading through Philadelphia would soon force a temporary closure of the mint; the disease has come within 500 yards of the establishment, which has “greatly alarmed” the employees and left Boudinot “little hope” of his being able to keep them at their work; Boudinot encloses a “rough copy of the Orders I shall issue in case my fears are verified, that if any alteration should be agreeable to Government, it may be made”; the Mint currently has a large supply of gold and silver bullion on hand, which, Boudinot reports, “cannot be worked up under four or five weeks” (same, 459–60). (4) John Dawson to Madison, Fredericksburg, 8 Aug., suggesting the need to appoint commissioners of bankruptcy at Fredericksburg to relieve the “great inconveniences” suffered by the lawyers and merchants of that place from the want of such officers; Dawson recommends John Minor, Hugh Mercer, Benjamin Day, Stephen Winchester, and Thomas Goodwin as “proper persons, should it be determined to appoint” (DNA: RG 59, LAR; endorsed by TJ: “Dawson John to Mr. Madison Commrs. bkrptcy Fredsbg”).
Writing to James SIMPSON on 27 July, Madison expressed his approval of the actions taken by the consul in response to the demands by Mawlay Sulayman, complimenting Simpson for pursuing “a plain course of duty, in which you justly counted on the approbation of the President” (., 3:431–2; see Samuel Smith to TJ, 9 Aug.).
Regarding the INSTRUCTIONS to Richard V. Morris, see Robert Smith to TJ, 16 Aug.
RETAINED YOUR LETTER: TJ to Mawlay Sulayman, Sultan of Morocco, [5 Aug.], enclosed in TJ’s to Madison of 6 Aug.
LETTER FROM LAW SHALL BE ANSWERED: writing to Richard Law on 14 Aug., Madison acknowledged receipt of Law’s letter to TJ of 29 July (see TJ to Madison, 9 Aug.) and stated that the president considered sufficient notification by bankruptcy commissioners of their appointment “to be the exhibition of their commissions, as in the case of Marshals,” whose appointment required no additional documentation (., 3:479).
APPLICATIONS FROM THE MECHTS.: Thomas FitzSimons, who was the president of the Philadelphia Chamber of Commerce, and Stephen Higginson, Sr., with a committee of Boston merchants, had written to Madison about “injuries suffered by American Merchants in Spanish Colonies.” Although Americans in Buenos Aires blamed the viceroy of La Plata for interference with their business, the fundamental issue was a decision by the Spanish government to prohibit trade by neutrals in ports throughout SPANISH AMERICA. Carlos Martínez de Irujo announced the policy in communications to Madison in the spring of 1802. Ships that violated the restriction faced seizure and confiscation. Madison received several entreaties on the subject. The merchants, according to Madison’s reply to the Boston and Philadelphia committees on 6 Sep., wanted some “interposition” of the U.S. with the government of Spain and suggested that “a public vessel” be sent to the Spanish colonies “with an Agent authorized to demand a more prompt justice from the local authorities” (., 3:75, 86–8, 111–12, 281–4, 548–50; Vol. 35:425).
MR. P.: Charles Pinckney.
1. MS: “quckest.”