To James Madison from David Montagu Erskine, 17 December 1806
From David Montagu Erskine
Washington Decr, 17. 1806
Sir
Since I had the Honor of seeing you this morning, I have referred to a letter from His Majesty’s Consul at Norfolk, which I found announced the arrival of His Majesty’s Ship The Cambrian in Hampton Roads on the 29th of last month having sprung her Boswsprit.1
This circumstance will I hope account satisfactorily for the Cambrian having enter’d one of the Ports of the U.S. after the Proclamation of the President interdicting her entrance,2 as I find in the Law of the U S. passed in the month of March last authorizing the Prohibition by the President, an exception made in case of Distress.3
I have written to His Majesty’s Commanding Officer on that Station for an account of her situation &&& and will have the Honor of transmitting to you such explanation as I may receive. With the highest respect I have the Honor to be Sir Your most obedient humble servant
D. M. Erskine
RC (DNA: RG 59, NFL, Great Britain, vol. 4). Docketed by Wagner, with his note: “Cambrian entering Hampton Roads.”
1. On 16 December 1806 Thomas Jefferson met with his cabinet to discuss the Cambrian’s reentry into U.S. harbors after the president’s May interdiction. The leaders agreed to ensure that naval and customs officials cut off supplies to the vessel and to issue a proclamation to that effect after informing Erskine of their intent and allowing him a chance to respond, which is likely why JM met with Erskine on the morning of 17 December (Record of Cabinet Meetings, DLC: Jefferson Papers, filed at 5 Mar. 1806).
2. For the proclamation, see Thomas Newton to JM, 9 Dec. 1806, and n. 1.
3. Section 4 of the 3 March 1805 “Act for the more effectual preservation of peace in the ports and harbors of the United States, and in the waters under their jurisdiction” gave the president power “to permit or interdict at pleasure, the entrance of the harbors and waters under the jurisdiction of the United States to all armed vessels belonging to any foreign nation, and by force to repel and move them from the same, except when they shall be forced in by distress, by the dangers of the sea, by being pursued by an enemy, or when charged with dispatches or business from the government to which they belong” (U.S. Statutes at Large, 2:339, 341).