II. James Madison’s Remarks on the Draft, 25 October 1804
II. James Madison’s Remarks on
the Draft
[25 Oct. 1804]
| (a) | and which have been encreased1 by peculiar circumstances in the W. Indn Seas; yet in the more distant channels at least of our trade, |
| b. | The act authorizes &c provisionally at least—a port &c without the limits of the U.S. The words in [ ] may be left out. |
| c— | [on the part of Spain—] |
| d. | [proper to suspend] will according better with the case—as the 6th art. is also made a ground of suspension. |
| e | may reasonably be expected to replace2 the Spanish Govt. in the disposition which originally concurred in the Convention |
| f | [manifestations]— |
| g | [on proper]—quer if the last circumstance may not be omitted in so general a paragraph—and left either to be includd in some particular message—or taken up on informl. suggestion |
| h— | quer here as above |
| i | [effectual] is it not too strong |
RC (DLC: TJ Papers, 144:25045); undated; in Madison’s hand, including brackets; in Madison’s hand on verso, with sheet rotated: “and to which peculiar causes have contributed,” probably a false start for the first item in the remarks; endorsed by TJ as received from the State Department on 25 Oct. and “Message.”
(a): Madison keyed his comments to letters that he probably marked on the copy of the draft he saw, which has not been found. His “a” comment related to the opening section of the text. His items “b” through “e” related to the section on “Spanish differences,” “f” to “European nations,” “g” to “Barbary powers,” and “i” to “Gun-boats.” The location of his “h” comment cannot be determined.
6th art.: according to the sixth article of the 1802 claims convention between the United States and Spain, each nation would reserve the right to pursue claims stemming from the actions of foreign vessels or agents in their respective territories at a later time (, 2:494-5; Vol. 39:317n). For Spain’s recent objection to the article, see List of Letters Received from Carlos Martínez de Irujo, 25 Sep.
1. Word interlined in place of “multiplied.”
2. Word interlined in place of “restore.”