To James Madison from Josef Yznardy, 31 March 1807
From Josef Yznardy
Cadiz 31st. March 1807.
Duplicate ⅌ Brig Rising Sun Capt. Burt via Plymouth.
Respected sir
Permit me Sir, to represent to your goodness my wishes to be acquainted if my Letters and representations are molesting not to incomode you with repetitions; being unhappy not having the honor to be informed if those directed to you Sir the 12. 23. 25. Novr. and 6th. Decr. 1805. 24. January, 22d. february, 4. March, 23. April, 9th. May, 2. 10. 27. June, 3. 24. 30. July, 12. 18. 25. August, 6. 13. 25 Sepr. 7. 31. October, 6. 10. Novr, and 20. Decr. 1806, 16. 24. Jany. and 23. february last came safe to hand;1 and allthough I experience such Silence, I will continue communicating every occurence when agreable to the instructions I received when appointed to this Consulate, with which I have cumplied to the best of my Knowledge, should it not be so, I wish most sincerely to be informed. Be so Kind Sir if you please, to inform me (if I am to continue in office) in what have I been wanting in the cumpliance of the same, and how I am to mannage henceforward. The anteceding desires and wishes flows from the following conversation, communicated to me from that part of the World “Government has no motive whatsoever to complain of you, nor can produce any bad services, but finding itself persecuted with powerfull intercessions to place another, it suspends acting leaving to time your getting tired and wearied, that of your own accord you desist and call for your retirement been offended” to which I replied—“That being well acquainted with the Gentlemen in administration, I was certain that they were incapable to act darkning the Justice owed to any Man; and allthough I should be mistaken in my oppinion, I would never desist or leave the Office untill it was taken from me, being conformable to the honor and integrity I possess, and which I prove by acting so, being conscious that I never missed my duty absent or present.[”] Allthough my low state of health should excuse my bringing forth more complaints against my informers and persecutors, I find myself under the necessity to molest you with Copies of an inofficious correspondence with Mr. Meade, wherein he openly displayed his craft[i]ness and accusations, which I expect will meet in your oppinion the justice they deserve.2 These will be the last recourses and proves I will make while I live, tho’ they should be continualy publishing libels against me, leaving Justice operate of itself. If I was like some Consuls, that has the office only to favor their Commercial pursuits, I would permit fraudes &ca. in this case I am certain there would be no complaints against me. At last the epoch is come that obliges me to open my mind and manifest to you Sir, with real truth (which I would not have done on any other occation) and to ground the cause why I am pursecuted, why it is so earnestly desired that another should occupy my place, and why a Navy Agent was appointed. When I advised Capt. Campbell the suspicions of Contraband on board his Ship proceeding from Gibraltar, was a positive truth as such Goods were onboard at the time, as I would have told him, as well as to whom they belonged the same as I could have proved that some of the Goods taken out, were seized by the revenue officers on their way ashore, whether they were onboard with Capt. Campbell’s consent I ignore entirely, allthough I incline and believe he Knew nothing of the business. When another will be appointed in my place, and shall follow the mercantile line, then it will be Known the desinterest, activity, integrity and Zeal of my services, and when the Papers will be full of complaints and representations. I defy Mr. Meade or any other person whatsoever to say or bring forth any complaints with truth against me, as I clearly tell him so, and request of him to prove any if he can, and allthough the President can, if he pleases appoint another, he never will see me desist. Please find herein Copies of the occurences with the Agent at Algeziras, whose Appointment I am ignorant if it has met your approbation. I am well aware of your vast occupations wch. must take up your attention particularly in those troubled times, but Sir, it is natural that the individual who finds himself wounded, should seek and use every fair means to hail the same; the Man that serves his Country with honor and integrity, is, I think, deserving and entitled to an acknowledgement of the same from his Government, and if the contrary, the just reprimand; I have not Dr. sir the least wish to be Kept in Office by protection, only by merit, the basis that ever distinguishes and animates me to perseverance. It is now thirteen Years that I bear the heavy charge of this Office full of turbelencys and Wars, and still the payment of the Moneys I so liberaly, generously and with the best of faith disbursed in the service and benefit of the Nation I represent yet detained, thinking it very just and full time to receive the same, being wanted now more than ever. I am afraid that according to the actual management of this Government, the Commerce of the U,S, must precisely for the present stop, and in such case I will have to Shut the office as no public or private business will be done. Please find enclosed Copy of the Decree published here, which will compleatly ruin the Neutral trade;3 also Copies of my official Correspondence with this Governor respecting American Seamen navigatg. in British Vessels.4 The Admirals Alava, Escaño, and Salcedo have been appointed Lords of the New Admiralty established in this Country; Admiral Apodaca Commands this Fleet, and Admiral Valdés that of Cartagena. Without further to add worth your attention—I have the honor of Subscribing myself with respect and veneration—Respected sir. Your most obedt. humble servant
Josef Yznardy
P.S. 7th. April. I am sorry to inform you that this morning Mr. John Mack a mariner and a native of Salem (S. M.) hang’d himself, without being able to find out the motives that obliged him to such a dreadfull deed—as he had no Vessall or property I am under the necessity as Consul, to face whatever expences may be defrayed in this disagreable event; not doubting but Government will refund me the same; ⅌ the Brig Friendship Capt. Clemmons bound to Charlestown I have remitted three Packets and a Letter received for you Sir, from our Chargè d’affaires at Madrid, and Two Letters received from the same ⅌ the Brig Rising Sun Capt. Burt bound to Plymouth.5 28th. this day I have deliver’d to Capn. Andrew Stewart of the Brig Catherine bound to Norfolk, a Packet for you Sir, received from our Chargè D’affaires at Madrid.6
RC and enclosures (DNA: RG 59, CD, Cádiz, vol. 2). RC in a clerk’s hand, signed by Yznardy; docketed by Brent as received 17 August. For surviving enclosures, see n. 2.
1. Many of the letters Yznardy mentions have not been found. Those that have been found are 4 Mar.; 9 May; 2, 10, and 27 June; 9, 24, and 30 July; 25 Sept.; and 31 Oct. 1806 (PJM-SS, 11:345, 553, 12:7–8, 35, 70–71, 97, 145, 167, 340, 416); 10 Nov. and 20 Dec. 1806; and 16 Jan. 1807. For 7 Oct. 1806 (letter not found), see ibid., 12:372.
2. The enclosures (11 pp.; docketed by Brent) are copies of 1) Yznardy to Richard Worsam Meade, 1 Feb. 1807, in response to a 1 February letter from Meade raising objections about Yznardy’s handling of a vessel arriving at Cádiz in distress, with Yznardy claiming that Capt. David Sawyer should have applied to Yznardy for assistance in obtaining pratique and declaring that he would enter a protest in the consular books “against all damages that may arise from the ⟨ve⟩ssel not having immediate Pratique”; 2) Meade to Yznardy, 3 Feb. 1807, replying that Sawyer had no duty to apply to Yznardy when there was an agent in the port with power of attorney over the vessel and its cargo; 3) Yznardy to Meade, 4 Feb. 1807, stating that Yznardy could not reply until Meade sent his exequatur authorizing him as U.S. Navy agent in Cádiz along with information on the authority such a position held; 4) Meade to Yznardy, 6 Feb. 1807, referring Yznardy to U.S. Navy secretary Robert Smith for the requested exequatur and information regarding laws and regulations of the Navy Department; 5) Yznardy to Meade, 10 Feb. 1807, continuing the dispute over authority and defending in detail Yznardy’s lengthy record as consul; 6) Meade to Yznardy, 11 Feb. 1807, stating that Meade had no intention of interfering with Yznardy’s consular responsibilities and reiterating the charges that Yznardy and his office had neglected the consular post, particularly in light of his long absences from Cádiz and the malfeasance of the agent he had assigned in his place; 7) Yznardy to Meade, 13 Feb. 1807, defending Yznardy’s conduct at length and maintaining that he had always acted in accordance with his exequatur; 8) Meade to Yznardy, 15 Feb. 1807, requesting Yznardy’s assistance in the case of the U.S. vessel Jane, which had been captured and taken to Algeciras, the captain believing that the captors had bribed his sailors to make false statements to condemn the vessel and its cargo; 9) Yznardy to Meade, 15 Feb. 1807, agreeing to do his duty and help despite his continuing poor health; 10) Yznardy to Meade, 18 Feb. 1807, updating Meade on the steps Yznardy had taken in the case of the Jane as proof that he was not neglecting his job; 11) Yznardy to Meade, 9 Mar. 1807, giving additional updates about the case of the Jane and offering assurances that Yznardy had, as always, employed his most diligent efforts in the interest of the United States no matter where he lived and despite his continuing illness; 12) Meade to Yznardy, 12 Mar. 1807, thanking Yznardy for his assistance in the matter of the Jane, assuring him that Meade would not again bring up Yznardy’s absences from Cádiz or his agent there, and adding that Meade hoped that U.S. merchants would appeal to the U.S. government to compel Yznardy to remain in Cádiz or to appoint someone else who would reside there; and 13) Yznardy to Meade, 17 Mar. 1807, explaining that Yznardy had appointed the agent only until the president responded to Yznardy’s request to appoint a U.S. citizen as vice-consul, thereby forestalling any future “unfounded” complaints against him.
3. For the decree, see George W. Erving to JM, 14 Mar. 1807, n. 1.
4. Enclosure not found.
5. These were probably copies of Erving to JM, 8 Feb., 14, 17, and 24 Mar. 1807.
6. Yznardy probably forwarded Erving to JM, 8 or 21 Apr. 1807 (DNA: RG 59, DD, Spain, vol. 10).