To Thomas Jefferson from James Madison, 28 August 1804
From James Madison
Aug. 28. 1804
Dear Sir
The inclosed communications from Pinkney threaten some unexpected difficulties at Madrid. In the conduct of the Spanish Govt. we see pretty clearly the passions of Yrujo and the policy of reserving matter for negociating restrictions of Louisiana. It may be presumed that the posture of things there will hasten the departure of Monroe from London. Pinkney had not recd. the explanation of the Act of Congress.
Mr. Livingston’s letter tho’ of old date is new; as are some of the accompaniments.
Mr Merry’s answer to my several letters, coincides with, tho’ it cannot be the offspring of the spirit of Pitts administration as indicated to Monroe. He considers a simple denial of the offenders as disproof of the most regular testimony, and maintains the right not only to impress from American vessels on the high seas, but from British vessels in our own Harbours. And by making the detention of the Enemy ships a reason for blockading our harbours & harrassing our trade, leaves the continuance of the evil at the pleasure of the British Commanders.
Altho’ the remarks on the conduct of the French frigate at Baltimore, seem to have been meant less as a formal complaint than as a controversial artifice, I think it will be proper to cause the facts to be enquired into. Should they ever turn out as they are stated no blame can result from the delay; no earlier notice of them having been given. The readiness of the belligerent Ministers & consuls to do this, justified the presumption that nothing seriously remiss had taken place.
This specimen of Merry shews him to be a mere diplomatic pettifogger.
Yrs. with respectful attachment
James Madison
RC (DLC); at foot of text: “The President”; endorsed by TJ as a letter from the State Department received 29 Aug. and “Spanish treaty—Merry’s ltr.—French impressmt.” and so recorded in SJL. Enclosures: (1) Charles Pinckney to Madison, Madrid, 4 June, with a postscript dated 12 June, detailing Spain’s delays in executing the claims convention of 1802; Pinckney encloses a letter of 31 May to him from Pedro Cevallos, protesting the 24 Feb. act of Congress that authorized the establishment of a revenue district on the waters of the Mobile River and Mobile Bay, a territory that Cevallos insists is indisputably part of Spanish West Florida; Pinckney presumes this charge, “respecting the limits, to be an excuse for his either refusing or delaying the exchange, or proposing alterations to the Convention”; such is Spain’s “pride & resentment on the subject of the Cession of Louisiana, & the new Act they complain of” that Pinckney is unable to form an opinion as to when Spain will ratify the convention (Madison, Papers, Sec. of State Ser., 7:281-5). (2) Anthony Merry to Madison, Philadelphia, 15 Aug., responding to Madison’s letters of 3, 7, and 23 July regarding accusations of malconduct against the British warships Cambrian, Driver, and Boston in New York harbor; in response to Madison’s allegations, Merry encloses extracts from correspondence between the British consul general at New York, Thomas Barclay, and Mayor DeWitt Clinton, and from letters to Merry from Captain William Bradley of the Cambrian and Captain John Erskine Douglas of the Boston; Bradley defends the conduct of his officers and denies Madison’s accusation that British vessels are conducting a blockade of New York; Douglas states that he has no knowledge of ships being boarded within U.S. jurisdiction by British officers or crews; in response to Madison’s complaints regarding the impressment of British subjects while within U.S. jurisdiction, Merry states that “it has always been the Practice for His Majestys Officers to impress British subjects from British Ships in all foreign Ports, and to demand them out of foreign Ships, without any Complaint ever having been made by the foreign Government”; the same practice, Merry believes, is followed by France, Denmark, and Sweden; Madison has argued that, as a neutral nation, the United States cannot permit these impressments because they augment the force of a belligerent vessel while in a neutral port; Merry counters that the United States made no such complaint when the French frigate Poursuivante impressed French seamen while refitting at Baltimore the previous winter; Merry asserts that British warships continue cruising in the vicinity of New York in order to protect British trade and packet vessels from the French (same, 601-8). Other enclosures not identified.
passions of Yrujo: for Carlos Martínez de Irujo’s heated objections to the establishment of the Mobile collection district, see Gallatin to TJ, 15 Mch.