James Madison Papers

To James Madison from William C. C. Claiborne, 29 July 1805 (Abstract)

From William C. C. Claiborne, 29 July 1805 (Abstract)

§ From William C. C. Claiborne. 29 July 1805, New Orleans. “I have the Honor to enclose you a Translation of a communication, I lately recieved from the Marquis of Casa Calvo,1 together with a Copy of my answer thereto:2 you shall be furnished also with Copies of Such other Letters as may pass upon the same Subject.”

RC and enclosures (DNA: RG 59, TP, Orleans, vol. 7); letterbook copy and letterbook copy of enclosure (Ms-Ar: Claiborne Executive Journal, vol. 15). RC 1 p.; docketed by Wagner, with his note: “He was informed on the 7th. Jany. last that the Marquis’ privileges did not continue.” Minor differences between the copies have not been noted. For the 7 Jan. 1805 letter, see PJM-SS, description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (10 vols. to date; Charlottesville, Va., 1986–). description ends 8:460–61. For JM’s earlier objection to the delay in the Spanish officers’ departure, see ibid., 7:643–44 and n. 1.

1Claiborne enclosed a translation (1 p.; docketed by Wagner; printed in Rowland, Claiborne Letter Books, description begins Dunbar Rowland, ed., Official Letter Books of W. C. C. Claiborne, 1801–1816 (6 vols.; Jackson, Miss., 1917). description ends 3:138–39) of Casa Calvo’s 27 July 1805 letter asking if his employees on the boundary commission and the officers and others vested with offices by Spain, who planned to depart soon or whenever they finished their business, were subject to the municipal tax on slaves or enjoyed an exemption like that granted by Spain to foreigners working or traveling in that country. If the latter, he would send Claiborne a list of all those entitled to such an exemption in order to avoid problems that might arise.

2The enclosure is a copy (2 pp.; docketed by Wagner; printed ibid., 139–40) of Claiborne to Casa Calvo, 28 July 1805, stating that the Louisiana Purchase Treaty allowed a specific period of time for Spanish forces to depart from the territory. When that time had passed, Casa Calvo had been “urged to direct the departure of certain officers” who stayed on well beyond the deadline without any reason for remaining and who indeed appeared to be considering “permanent residence.” Claiborne added that he could not see how such individuals could claim special exemptions and advised them to pay any tax they owed. He said he would submit to JM the question of whether Casa Calvo and the members of his family were exempt and asked Casa Calvo to send him the names of individuals employed on the commission as well as those of anyone “vested with Public offices” by Spain. For article 5 of the treaty, which stipulated that foreign troops should leave the territory within three months after ratification, see Miller, Treaties, description begins Hunter Miller, ed., Treaties and Other International Acts of the United States of America (8 vols.; Washington, 1930–48). description ends 2:501–2.

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