To James Madison from George W. Erving, 9 January 1807
From George W. Erving
Madrid Jany 9. 1807
Sir
Mr Barry, late of Washington, having placed his claim upon this government (the subject of your letter to Mr Bowdoin of June 15 1806)1 under the care of Mr Young, I have had frequent consultations with that gentleman as to the best means of bringing it to a settlement. It is the Opinion & wish of Mr Young that no official application shoud yet be made to the Minister of State, since as he apprehends the affair is so circumstanced that such application woud more probably produce a prejudicial than a beneficial Effect. It appears that the Treasurer general of the Indies has reported unfavorably upon the accounts submitted by Mr Barry, & these have been referred to a board of Accounts the cheif of which is also to make a report; which, if it shoud happen to conform to that of the Treasurer general will in the opinion of Mr Young preclude the probability of success from any application: if the accountants report shoud be of a different character, he thinks that the way will be then open for the adjustment of the demand, & then that I may possibly be able to promote the object: He has proposed to Mr Barry a means of procuring a favorable report, & till that gentlemans determination is recd he begs that I woud suspend my interference.
Whenever the suitable moment arrives I shall not fail to observe your instructions upon this subject.
Mr. John Livingston of New York has transmitted a statement respecting his ship “Grampus” which has been detained by the commander of Conception bay, where it put in from stress of weather. I have herewith the honor to inclose copies of my notes to Mr Cevallos of Decr 19 & of the 7th Inst, & of his note 26 Uto2 upon this subject. With sentiments of perfect Consideration & respect I have the honor to be Sir Your very obt St
George W Erving
RC and enclosures (DNA: RG 59, DD, Spain, vol. 10). Docketed by JM and Forrest. Enclosures docketed by JM. For enclosures, see n. 2.
1. Letter not found, but Erving may have meant JM to James Bowdoin, 18 June 1805 (PJM-SS, 9:476–77).
2. Erving enclosed copies of three letters. 1) Erving to Pedro Cevallos, 19 Dec. 1806 (2 pp.), recounted that the Grampus had left New York in 1805 on a whaling voyage, entered the port of Concepción, Chile, in distress, and been seized by Spanish authorities; the crew of thirty-six men was imprisoned under the authority of the intendant, leading Erving to request that the Spanish court order the intendant to release the crewmen and restore their property. 2) In Cevallos to Erving, 26 Dec. 1806 (1 p.; in Spanish), Cevallos replied that he had received no word of the occurrence and promised to investigate whether authorities at the port had legally detained the vessel and crew. 3) Erving to Cevallos, 7 Jan. 1807 (2 pp.), requested that Cevallos seek information from the intendant and instruct him immediately to release the crew and property if they were not guilty of violating the law.