To Thomas Jefferson from James Madison, 4 August 1804
From James Madison
Aug. 4. 1804
Dear Sir
I inclose such of the communications from the office of State recd. since my arrival at home, as are worth your perusal. The letters from Mr. Livingston with the documents attached to them, being in the press copies are scarcely legible in many passages, and in some not to be made out at all. His secretary is not only lazy but disrespectful in not revising the copies and filling up the deficiencies. His long letter of May contains towards the end something on the subject of W. Florida &c. which you may wish to read, though you may be unwilling to wade to it thro’ the tedious pages which precede on the debts & Commissioners. His disputes with those seem to have reached their ne plus ultra. I do not like the final ground they have taken more than the general tone of his conduct. Considered as a sort of Judiciary board, and holding their offices under the Treaty they may be theoretically right in making that & that alone the rule of their proceeding; but they do not manifest a spirit of accomodation required by the difficulties of their business, the ambiguity of the Treaty, and the interest of the U. States. In order to decide however precisely on their conduct it is necessary to examine critically the nature of their trust as defined in the Treaty you will find that Mr. L. is again a volunteer in diplomatic projects. The answer from the Russian Chargé involves an admonition which wd. be useful to him, if he had modesty eno’ to understand it. The letter from the St. Domingo planter at Charleston, must be answered I suppose by information that Congs. alone can decide on his application. It produces a conflict between agricultural advantages & political considerations.
I left Washington on the wednesday succeeding your departure. Unaccustomed fatigue with the bad management of my driver, foundered my horses in getting to Dumfries. I was obliged in consequence, to leave my carriage there, and proceed in a Hack brought with my baggage, to Capt. Winston’s; & to send for my Carriage, the horses which met me there. owing to these delays I did not finish my journey till Sunday evening.
Yrs. respectfully & affely
James Madison
RC (DLC); endorsed by TJ as received from the State Department on 7 Aug. and “Livingston—Commrs.—Russia—Villandry” and so recorded in SJL. Enclosures: (1) Robert R. Livingston to Madison, Paris, 14 Apr., regarding the death of Jean Charles Pichegru, French relations with Sweden and Russia, and delays in the delivery of payments to France for Louisiana; Livingston has taken it upon himself to write Russian chargé Pierre d’Oubril at Paris, suggesting a treaty with Russia “for opening the Black Sea to our commerce”; that letter and D’Oubril’s response, stating that he is not empowered to conduct such affairs, are enclosed; Edward Preble received his instructions for opening negotiations in Tripoli (Madison, Papers, Sec. of State Ser., 7:45-7). (2) Livingston to Madison, Paris, 3 May, in response to Madison’s instructions of 31 Jan., advising Madison that France will not interfere with U.S. claims to West Florida despite arguments from Spain; the Louisiana stock has arrived; Livingston disputes instructions to withhold the funds from the French government until the claims commission has completed its duties, citing its inability to negotiate without prejudice; he argues that all the commissioners should be terminated and substituted with men of liberal principles who might lead the commission to “ample justice instead of Splitting hairs like caviling attornies”; he describes Madison’s advice as “repugnant to the liberal spirit which has hitherto governed our Negociations” (same, 131-8). (3) Probably Livingston to Madison, Paris, 4 May, continuing his complaints of 3 May against the claims commissioners and stating that the first consul is questioning their delays (same, 148-50). (4) Probably Livingston to Madison, Paris, 5 May, private, denying any jealousies between himself and James Monroe, relating that the minister of the marine had sent Jerome Bonaparte express orders to return to France “& to return alone,” and reiterating his suggestion of 8 Feb. that Madison replace him as minister to France (same, 155-8). (5) Sylvanus Bourne to Madison, Amsterdam, 27 May, enclosing newspapers that depict “the theatre of F.” (France), where they have now established “a throne more splendid & costly than the one they were so anxious to abolish”; Bourne questions if the roots of French liberty were too corrupt to thrive and the degree of Napoleon’s ambition (same, 259-60). (6) Bourne to Madison, Amsterdam, 27 May, regarding the number of Germans and Swiss who are anxious to settle in the United States and asking if the government would consider adopting a plan for facilitating their passage to America and for placing them “on the lands in the Interior of our Country” (same, 260). (7) Probably William Lee to Madison, Bordeaux, 16 May, informing him that misfortunes attached to Lee’s mercantile business will not affect his position as consul; also describing problems caused in his consulate by the increasing friction between Great Britain and France, including the demand of Bordeaux police that Lee deliver to them two English shipmates working aboard an American vessel (same, 222-3). (8) Probably Simon Lynch to Madison, Nantes, 1 May, acting as deputy commercial agent in the absence of consul William Patterson; relating his compliance with directions contained in circular letters sent to the port by Madison and Gabriel Duvall (same, 126-7). (9) Le Breton de Villandry to Madison, Charleston, 15 July, representing fellow refugees of Saint-Domingue and requesting U.S. government aid in transporting them to Louisiana and in granting them land and supplies (same, 457-8). (10) Rufus King to Madison, Waltham, Massachusetts, 24 July, responding to Madison’s letter of 13 July that denied him reimbursement of an advance paid to distressed traveler Philip Wilson while King was minister to Great Britain; he admits his ignorance as to the lack of precedence in such matters, but hopes that TJ might reconsider (same, 511-12). (11) John Stewart to Madison, York, Pennsylvania, 23 July, questioning the right of the postmaster general to change the postal route from Lancaster to Carlisle so that it now passes through Harrisburg instead of York, calling it a “death blow” to York businesses and a source of discontent among local Republicans; Stewart wishes to have the attorney general’s opinion on the matter (same, 507-9).
The communications forwarded to TJ at this time may also have included a letter to Madison from John Murray Forbes, the U.S. consul at Hamburg, written 26 May from London. Citing the harsh German winters and the lack of remuneration due to the British blockade of Hamburg, Murray sought to exchange his post for a “warm climate with good commercial prospects.” He suggested that he might replace Joseph Yznardi as consul at Cadiz, or, should the United States enter into commercial arrangements with “the present Rulers of St Domingo,” a consular appointment at Cap-Français (RC in DNA: RG 59, LAR; endorsed by Jacob Wagner as received 25 July; endorsed by TJ: “to be Consul at Cadiz or Haiti”).