From James Madison to Randolph McGillis, 7 January 1806
To Randolph McGillis
Dept. of State Jany. 7th. 1806.
Sir.
I have the honor to enclose a copy of a letter from Mr. Merry the Envoy of G. Britain complaining of a colourable sale at St. Mary’s of the British Ship Esther, a prize to the French privateer Creole.1 Should it result from the circumstances of the alledged condemnation, as you find them on enquiry, that it is to be considered as illegitimate & void, or that the only real transfer which has taken place is that from Ross to Mc.Neal, you will give notice to the parties concerned that the President considers the sale to Mc.Neal as contrary to the neutrality of the U:States & void. He further directs in that case, that the captors be ordered to carry the Ship & Goods out of the territory of the United States as soon as possible; that the goods, be carefully guarded against partial sales & when they are to be removed that the clearance and other papers describe them as a prize Vessel & Cargo. You will communicate of course with the District Attorney & follow his counsel upon the incidental points of law which may be developed, and report to me your proceedings.2 I am &c.
James Madison
Letterbook copy (DNA: RG 59, DL, vol. 15); Tr (CtMyMHi); Tr (UkLPR: Foreign Office, ser. 5, 49:15r–v); letterbook copy (ibid., ser. 115, 15:77r–v). First letterbook copy addressed to “The Collector of St. Mary’s.” Second Tr enclosed in Merry to Charles James Fox, 3 May 1806 (ibid., ser. 5, 49:9–IIV).
2. Filed with the first Tr is a copy of Thomas Barclay to David Gelston, 24 Mar. 1806 (2 pp.), stating that he enclosed a copy of JM’s 7 Jan. letter to McGillis; that McNeal had been unable to fulfill the terms agreed to; that a Mr. Petitt had sold the cargo to Magee and Howard of Savannah, Georgia, who had sent the brig Lovely Lass of New York to transport the cotton, which had been put into new bags to avoid detection; and that the rest of the cargo was dye woods. Barclay noted that the newspapers had announced the arrival of the Lovely Lass in New York on 23 Mar. and that JM’s order to McGillis ought to prevent the admission of the cargo to any port in the United States. He asked Gelston to deny entry to the Lovely Lass and its cargo until further inquiries could be made and further orders received from the U.S. government.