James Madison Papers

To James Madison from John Gavino, 3 February 1807

From John Gavino

No: 39

Gibraltar 3d: feby. 1807

Sir

Still without the honor of any of your Commands I beg leave to referr to my last Dispatch No. 38 under date of 18t. Ultimo when advised admiral Duckworth with five sail the Line having left this for Sicily & Constantinople, at same time I inclosed the list of arrivals & Departure of our Trading Vessels for the last Six Months.

The Portuguese Squadron that Cruises in the Gutt has been reinforced by a frigate & Schooner so that it is now Composed of two line of Battle ships 3 frigates, 2 Brigs & a Schooner.

I am sorry to inform you that I yesterday received a Letter from London dated 6th: Ulto: advising me that Sir Francis Baring & Co: had Protested Tobias Lear Esqr: of Algiers Bill to my order dated Algier October 11th. 1806 for £1500 Stg at 30 days Sight Expressing its being for Account of the U. S. Goverment as ⅌ Copy anexd.1 The reason for Protesting same was “for want of orders from the U. S. of america.” I still hope said Gentn: may be discharge it when due for should it come back it will be truely disagreeable.

A few Days ago the Brig Humbird of Boston, James Stuart Master from Leghorn with a Valuable Cargo for Lisbon called in here, remaind a few hours to water, the wind springing up fair Proceeded, a little before a small privateer went out, & next Morning brought in said Brig, & is detaind for adjudication, as they say some letters are found stating that the greatest part is Genoese Property, altho by Bills Lading & Certificates it appears to be Portuguese, & for their account, and Risk.

In consequence of the Empr. of Frances late Decree, orders have come from England (as I am informd) for all Nutrals that may be found Going from a french to a spanish Port, or Spanish to french, likewise one Enemy’s Port to another, shall be warnd to alter his Voyage & if found making an attempt after Said warning is to be sent in for ajudication, & after a reasonable time is Elapsed, they are to be sent in for tryal without Warning. I have the honor to be with respect—Sir Your most obedt. & most hul. sevt.

John Gavino

RC and enclosure (DNA: RG 59, CD, Gibraltar, vol. 3). For enclosure, see n. 1.

1Gavino enclosed a copy of Tobias Lear’s 11 October 1806 bill on Francis Baring & Co. of London (1 p.; docketed by Forrest as received 1 May) for £1,500 sterling to be paid in five parts.

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