James Madison to Thomas Jefferson, 16 October 1805
From James Madison
Gray’s Ocr. 16. 1805.
Dear Sir
I recd. duly your favor of the 11th. at this place, where I am still very painfully detained by the situation of Mrs. M. The appearance of her knee is still equivocal; I am afraid discouraging as to a very prompt and compleat cure. I am the less able however to pronounce on this point, as the Dr. has been prevented by indisposition from seeing his patient for several days, and I cannot be guided by his judgment. We expect he will visit her tomorrow. I am not the less distressed by this uncertainty, in consequence of the indulgent manner in which you regard my absence; but it would have been a great alleviation to me, if my absence had not suspended important questions, on which my aid would have been so inconsiderable. The suspension however I hope will not be continued if circumstances should press for early decisions. The latest accounts from Europe may perhaps suggest a little delay with respect to any provisional arrangements with England. Considering the probability of an extension of the war agst. France, and the influence that may have on her temper towards the U.S: the uncertainty of effecting with England such a shape for an arrangement as alone would be admissible, and the possible1 effects elsewhere of abortive overtures to her, I think it very questionable whether a little delay may not be expedient, especially as in the mean time the English pulse will be somewhat felt by the discussions now on foot by Mr. Monroe. With respect to Morales, my idea is that he should be instantly ordered off, if Claiborne has the legal power necessary: to which ought to be added perhaps some public admonition agst. the purchase of lands from him. Casa Calvo has more of personal claim to indulgence. I lean to the opinion nevertheless that he should receive notice also to depart; unless Claiborne should be very decided in thinking his stay useful. The stronger his personal claim to indulgence may be, the stronger would be the manifestation of the public sentiment producing his dismission. Yrujo’s case involves some delicate considerations. The harshness of his recall, as made by our Ministers, and then the footing of a voluntary return on which his leaving the U.S. was put, seem to suggest a degree of forbearance. On the other hand the necessity of some marked displeasure at the Spanish Conduct, a necessity produced as is believed by his own mischevious agency, and the indelicacy of his obtruding his functions here, if that should be the case, plead strongly for peremptory measures towards him. As it is not yet formally2 known, that he has heard from his Govt. in consequence of the letter of recall, altho’ rendered pretty certain by a recurrence to dates, it may be well perhaps to see whether he manifests a purpose of remaining here. If he should the question will arise whether he shall receive notice that his departure was expected, or that he can no longer be received as the organ of communication with his Govt. Thro’ private channels I collect that he proposes to be at Washington the ensuing winter. The idea is also given out by his family that they are to go to Spain. It cannot be long before some occasion will arise for knowing his real intentions, and therefore for expressing those of the Executive. As to Bowdoin I think it clear he ought to remain in England for the present, and if Erving should have not proceeded to Madrid, I think he also should remain there. Pinkney if, as is to be wished & his last letter promised, he should have left Spain, will have named Young or some one else, to be the shadow of a representation and if shd. have named no one, perhaps so much the better.
If you think it proper that Mr. Wagner should write to Bowdoin or Claiborne or both, he will on an intimation of what you wish to be said, write letters of which he is very capable, either in his own name referring to my absence, or to be sent hither for my signature.
I find it necessary to mention, what I thought I had done before, that on receiving your sanction, I intimated, to Armstrong the Opinion here that Insurers stood in the shoes of the insured, under the Convention. I was particularly careful however to use terms that would not commit the Govt. on the question of a mixture of British subjects in the transaction. The question had occurred to me on reading the papers concerning the N. Jersey and I suggested it Mr. Dallas, who confirmed the fact of such a mixture. It appeared to me however, that it was best not to bring the matter into view by countenancing a different decision in a particular case, from what had taken place in similar cases. Probably ⅘ of the payments under the Convention involve the question
I wrote long ago to Gelston to send me the precise amount of what is due on the Hermitage, with a promise to remit the money. I have not yet recd. an answer, which I ascribe to the confusion produced in N.Y. by the fever. In the same manner I explain his not having forwarded the wine to Washington
I inclose a letter &c from Truxton which explains itself. also one from Fraissinet, with a recommendation of him for Consul at Martinique. I explained the obstacle to the appt. of a Consul. He was not altogether unaware of it, but seemed to think that an informal Agency at least would not be offensive, but otherwise, and would be very useful. I believe he wd. suit very well for such a purpose, probably better than any other to be had; and it is possible that Turreau might give some sort of sanction. Prudent guardians of our affairs in the W. Indies would probably prevent much loss to individuals, and much perplexity to the Govt. If you think the proposition in this case admissible, and that it ought to depend on Turreau, Wagner could communicate with Petry on the subject, unless any other mode of ascertaining the disposition in that quarter be thought better.
I put under the same cover with this the last letters from Monroe, which you will please to send to the office when you think proper. I am sorry he did not transmit copies of the law opinions given him by Lord Mulgrave.
With constant & respectful attacht I remain Yrs.
James Madison
RC (DLC); at foot of text: “The President”; endorsed by TJ as received 19 Oct. and “Span. affrs.” and so recorded in SJL. Enclosures: (1) John Joseph Fraissinet to Madison, not found, but see below. (2) Probably James Monroe to Madison, 6 Aug., from London; Monroe reports that he arrived in London on 23 July, having departed Madrid in late May and having spent three weeks in Paris; at Madrid, he made it known to the French minister that he would welcome French sponsorship of continued negotiations with Spanish diplomats during his time in Paris, but nothing came of the overture, and he felt it more consistent with “publick honor” to forgo any additional requests for French interference; James Bowdoin has also arrived at London, and Monroe thinks it most appropriate for Bowdoin to await further orders from the administration, while George W. Erving relieves Charles Pinckney at Madrid; Monroe reports the condemnation at the admiralty court of an American vessel on the same principle as several others; he encloses a letter to Lord Mulgrave on the subject and Mulgrave’s response (, 10:178-81). (3) Probably Monroe to Madison, 16 Aug., from London; Monroe encloses correspondence with Mulgrave about British seizures of American vessels in the English Channel and North Sea; during a meeting the previous day Mulgrave shared with Monroe admiralty reports on late condemnation decisions and promised another conference once Monroe has read the reports; Monroe has raised the impression that the Essex decision was intended to benefit British commerce at the expense of that of the United States, but Mulgrave insists that his government does not intend an unfriendly posture; Monroe reports on maneuvers of the French and British fleets (same, 216-17). (4) Probably Monroe to Madison, 20 Aug., from London; Monroe has met again with Mulgrave, who has insisted that neutral powers have no right to engage in commerce with the colony of an enemy; any impression that a more lenient policy formerly prevailing was owed to British acknowledgment of neutral rights, as opposed to strategic forbearance, is mistaken; in their previous meeting Mulgrave pointed out that cases brought against most of the seized American vessels were dismissed, and Monroe agrees that some were; he has returned the admiralty reports for copying; Bowdoin will go to Paris to await orders, and Erving will depart immediately for Madrid to relieve Pinckney (same, 231-2). For other enclosures, see below.
For Madison’s advice to John Armstrong, see same, 241-2.
letter &c from Truxton: Madison was probably enclosing a letter of 15 Sep. from Thomas Truxtun in which Truxtun discussed his attempts to resolve his differences with Robert Smith (about which, see also Smith’s letter of this day). Truxtun enclosed in that letter copies of documents he sent to Smith intended to prove that he did not resign his naval commission in 1802 when declining command of the Mediterranean squadron. Also enclosed were Truxtun’s views on how the campaign against Tripoli should have been waged. Truxtun hoped that Madison and the president might see him as “honourable and useful” (same, 337-40). It is also possible that Madison was enclosing a letter of 16 June from Truxtun recounting his attempts to communicate to the administration ideas for defeating Tripoli “without paying a dollar for tribute or for ransom.” Unsure if his ideas had ever been circulated, Truxtun emphasized his patriotic motives for sending advice and enclosed a copy of a force recommendation he had sent to Smith after news of the loss of the Philadelphia. Truxtun explained that the recommendation derived from a plan he devised in 1801 for bringing Tripoli to terms that he “had then a hope to have dictated and enforced”—a hope, he added, that “soon vanished and we are yet at war” (RC in DLC: TJ Papers, 150:26225).
Although no letter from Fraissinet to Madison has been found, a letter of 5 Oct. from William Davy to Madison recommended Fraissinet as someone held in high estimation by “the most respectable Merchants of Philadelphia” who would “render essential services” if appointed consul at Martinique (RC in DNA: RG 59, LAR; endorsed by TJ: “Fraissinet John Joseph. to be Consul Martinique”).
1. Word interlined in place of “eventual.”
2. Word interlined in place of “absolutely.”

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