James Madison Papers
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To James Madison from Jacob Wagner, 8 June 1806

From Jacob Wagner

Dep. State 8 June 1806

Dr. Sir

I was to have seen Mr. Duvall to day on the subject of the enquiry of Mr. Mc.Lean: though I am pretty sure that he will not act upon the case. It would be contrary to precedent to put an Inspector on board her; and it has been settled that prize goods may be sold for the purpose of repairing the vessel which brought them in, if repairs are indispensible; the part sold paying duty. After seeing Mr. Duvall I may probably give these hints to the Collector, if he declines doing it & recommends it to me.

With the letter from Mr. Erving I send the correspondence in April 1805 at Madrid about Yrujo’s recall, to shew the disingenuous manner in which the engagement is explained away.1 It is reported at Baltimore that he has a new commission to present, under which if he is not permitted to act, he will retire, and that no successor will be appointed. With affectionate respect, I have the honor to remain, Dr. Sir, Yr. ob. servt.

Jacob Wagner

RC (DLC). Docketed by JM. Dated 8 June 1810 in the Index to the James Madison Papers. For surviving enclosures, see n. 1.

1No letter from George W. Erving matching this description has been found. The enclosures discussing Carlos Martínez de Yrujo’s recall were probably copies of Charles Pinckney and James Monroe to Pedro Cevallos, 13 Apr. 1805, and Cevallos to Pinckney and Monroe, 16 Apr. 1805 (for the correspondence, see PJM-SS description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (12 vols. to date; Charlottesville, Va., 1986–). description ends 9:251 nn. 8 and 12).

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