To James Madison from George Davis, 27 December 1806
From George Davis
Leghorn December 27th. 1806
Sir
The letter with which I was charged, for Mr. Nissen H: D: M: late Consul at Tripoli, was yesterday delivered in person;1 his being in quarantine prevented an unrestrained communication.
Mr. Nissen informs me that there exists a Secret Article Singned by the Commissioner stating, “that we shall not have the right to demand the fulfillment (on his part) of the 3d: Article of the treaty untill the expiration of four years, and with the condition that the Ex. B—shall remain perfectly quiet during that period.”2 He says, that the Bashaw had constantly manifested a resolution, not to accede to any arangement which concerned his Brother, and that it was admitted in the Treaty under the full impression, that the demand would never be made by the Government of the U: States. Mr. Ridgely is represented as being on a most friendly and respectable footing.
I have the honor to enclose you a triplicate of my last; with the original was forwarded a Gazette (No. 6) under date of the 13th. December.3 With highest respect and consideration Your most obedient Servant
George Davis
RC and enclosure (DNA: RG 59, CD, Tripoli, vol. 3); letterbook copy (NHi: George Davis Letterbooks). RC in a clerk’s hand, signed by Davis. For enclosure, see n. 3.
1. Davis referred here to a 30 June 1806 letter from JM to Nicolai C. Nissen (not found) that enclosed a copy of a 10 April 1806 congressional resolution (see Nissen to JM, 5 June 1807, DNA: RG 59, CD, Leghorn, vol. 2). The resolution requested that the president make known to Nissen “the high sense entertained by Congress, of his disinterested and benevolent attentions, manifested to Captain Bainbridge, his officers, and crew, during the time of their captivity in Tripoli” (U.S. Statutes at Large, 2:410). For Nissen’s assistance to the crew of the Philadelphia, see PJM-SS, 6:174 n. 1.
2. For the 4 June 1805 U.S. treaty with Tripoli and Tobias Lear’s 5 June 1805 secret agreement on the third article, see PJM-SS, 10:17–20, 22 n. 8. For JM’s 24 June 1806 instructions to Davis regarding the third article, see ibid., 12:59–60.
3. Davis enclosed a triplicate of his 10 December 1806 letter to JM and referenced his 13 December 1806 letter to JM, the originals of which apparently made it onto the same ship for delivery, as Davis had hoped (see Davis to JM, 13 Dec. 1806).