To James Madison from William Cooke, 13 April 1806 (Abstract)
From William Cooke, 13 April 1806 (Abstract)
§ From William Cooke.1 13 April 1806, Charleston. “I have permitted the last letter you did me the Honor to address to me2 to lie for a great length of time unanswered on account of the perplexities attending the Negociations with Spain. I embrace the present moment, to return to you, my most unfeigned and gratefull thanks for the attention you have been pleased to pay to the papers, in my Case against Dn: Cordova. You informed me that you had transmitted the original Documents to Madrid to the care of the American Minister, in order that they might be laid before the Tribunal to which the appeal was made, and in consequence of this act of your goodness I have been in constant expectation, to hear of the Final Decision at Madrid, in this Case as it was merely a legal Case between two Individuals— but from having heard nothing more of it, I begin to dread that agreeable to their System, they are procrastinating this as they have done all other Cases wherein they are called on for Justice. If you have heard nothing from Madrid on the Subject since the arrival of the papers there, May I once more appeal to your Humanity & goodness in praying you, to be pleased to urge the final close of the business at Madrid, and if from informat⟨ion⟩ you should be of Opinion that it is myself only that can bring it to a close to have the goodness to inform me ther⟨e⟩of as quick as conveniently you can, and I will repair t⟨o⟩ Madrid as quick thereafter as possible.
“If it can be usefull, or satisfactory to this Country to know whether it is the uniform system of the Spanish Tribunals to deny Justice, in all Cases, to the Citizens of this Country; The Decision of this case Will Decide the point beyond all doubt; as a Case more loudly calling for Justice never has nor ever can be brought before them. Should my Necessities drive me to apply to my Country for the aid of a little Money to carry my business through: be pleased to say if you think I could obtain it on the explaining my Greivances and giving a Security in landed property in Georgia. My Case against the Intendant General gives me endless anxiety as I see the endless difficulties that the Spanish Government, are opposing to the demands of this Government for Justice. But in this I stand like my fellow Citizens generally, resting on the Exertions of their Country on their behalf. And for my own part I am satisfied that the Exertions have been great Zealous, & Sincere. Should there be any thing you may be pleased to Communicate to me on the preceeding Subjects be pleased to Direct to me as before at Darien Georgia to the care of the post master.”3
Tr and Tr of enclosures (DNA: RG 76, Preliminary Inventory 177, entry 316, Spain, Treaty of 1819 [Art. XI] [Spoliation], Disallowed Claims, 1821–24). Tr 2 pp. For enclosures, see n. 3.
1. William Cooke (ca. 1766–1821) was born in England and came to America before 1786. He was a partner in the Charleston merchant house of Scarborough & Cooke. He also lived in Darien, Georgia (Virginia Steele Wood and Ralph Van Wood, eds., “The Reuben King Journal, 1800–1806,” Collections of the Georgia Historical Society 15 [1971]: 137 n. 52).
2. The last known letter from JM to Cooke is dated 16 May 1805, 9:354. For earlier correspondence on Cooke’s claims against Spain, see ibid., 2:277 and n. 1, 306, 363, 381, 438; 3:305; 4:83–84, 577; 5:167–68, 482–83; 6:175, 426, 428; 8:123, 308; 9:189, 354.
3. The enclosures (16 pp.; in English, Spanish, and French) are copies of (1) Cooke to Luis de Viguri, intendant general of Havana, 9 Oct. 1804, protesting Viguri’s treatment of him, noting that he had filed proofs of his treatment in the United States and had them sent to Spain as well for presentation to the king, who he was sure would, in his benevolence, countermand Viguri’s unjust actions and condemn them; (2) Vincent Gray to John Graham, 21 Nov. 1802, introducing Cooke, stating that he was intimately acquainted with the circumstances of Cooke’s case and asking Graham to provide Cooke with every assistance; (3) John Morton at Havana to Col. John Morton at New York, 8 Jan. 1802, introducing Cooke and asking Colonel Morton to introduce Cooke to Thomas Stoughton, the Spanish consul at New York; (4) the 3 Feb. 1797 recommendation of thirty Savannah merchants and merchant firms of William Cooke as “a man of Honor and Integrity” who would perform well in any foreign post to which he might be appointed, to which is appended John Morton’s 31 Dec. 1801 certification of Cooke’s deposition that the original had been deposited with Viguri or his officers; (5) an undated statement by Cooke that Viguri had offered ten thousand dollars to anyone who would give information against Americans, that information had been given that Cooke and his cargo were English, that he, his crew, his ship, and his cargo had been seized, that he had provided to Viguri or his associates a certificate of his being a citizen of South Carolina, a testimonial from the governor and legislature of Virginia that he was a native of Virginia, the testimonial of thirty respectable citizens of Savannah, and a certificate of citizenship from the secretary of state that he was a native American, all of which he said were either destroyed or concealed so that he could not again obtain them; (6) a 10 Jan. 1802 letter from Jedediah Leeds at Havana to Chief Justice John Marshall introducing Cooke, stating that he and Cooke were sure that Marshall would assist Cooke to obtain redress, which was impossible in a country like Cuba, where “Justice is bought, and Sold: the same as any other Goods”; (7) Gray to Graham, 6 Dec. 1803, reintroducing Cooke, stating that Cooke wanted the name of a respectable gentleman at Madrid who he could trust with the documents proving his case, which were to be delivered by that person to Cooke’s attorney at Madrid, that Gray recommended Graham, trusting that his acquaintance with the tribunal at Madrid would enable him from time to time also to inquire of the attorney and the court the state of the case; (8) John Drayton to Charles Pinckney, 20 May 1802, introducing Cooke and asking Pinckney’s aid in Cooke’s case; (9) Peter Freneau to Pinckney, 5 Mar. 1803, introducing Cooke to Pinckney, explaining that he had bee unjustly deprived in Havana of his property, and asking that Pinckney afford him all assistance in achieving the justice he planned on seeking in Madrid; (10) Benjamin Cudworth to Pinckney, 2 June 1802, introducing Cooke and asking Pinckney’s assistance with Cooke’s claim; (11) James Kennedy to Pinckney, 24 May 1802, also introducing Cooke and asking Pickney to assist him in his claim for justice at Madrid; (12) Daniel D’Oyley to Pinckney, 24 May 1802, introducing Cooke and enclosing a printed copy of the testimonial described in (4) above, with one more name than in the handwritten copy; (13) Fernando Rodriguez Berenguer of Havana to attorney Cosme de Tres Palacios, 24 Mar. 1802, introducing Cooke and asking Tres Palacios to assist him in his case; (14) Rodriguez Berenguer to Madrid merchant Ramón Cristobal Zapater, 24 Mar. 1802, asking the same; (15) Abraham Sasportas to John Gernon at Bordeaux, 7 Mar. 1803, introducing Cooke and asking Gernon’s assistance for him; and (16) Martin Madan at Havana to John O’Conner at Madrid, 12 Dec. 1803, introducing Cooke and asking O’Conner to hand Cooke’s papers to either Pinckney or Graham should negotiations between Spain and the United States render Cooke’s presence in Madrid unnecessary.