From James Madison to Samuel Smith, 25 March 1807
To Samuel Smith
Washington Mar. 25. 1807
Dear Sir
I duly recd. your favor of the 14. and thank you for the candor of your remarks. The enclosed will inform you that it has been thought proper to ask your ideas as to the Commercial articles of the Treaty.1 The Contents of the Instrument are not precisely such as you suppose; as to the E. Inda. trade particularly. As to impressments also, the question here is understood to turn not on form, but substance. On the whole the P. prefers further negociation to a Treaty which, liable to a variety of inferior objections, fails as to an object most of all contemplated in the measures of Congs. and the Mission Exty. You will infer from the proclamation just published, that the future course will be in the spirit of the past.2 Yrs. respectfully
James Madison
RC (RuSpRNB). Docketed in an unidentified hand. For enclosure, see n. 1.
1. JM referenced the 31 December 1806 treaty with Great Britain (see James Monroe and William Pinkney to JM, 3 Jan. 1807, and n. 1) and enclosed an undated, unaddressed letter that reads: “The Treaty lately concluded between the American and British Commissioners being in a situation to admit of deliberation on its several articles, it is thought highly advisable to avail the Executive of such observations on those relating to commerce and navigation as your intelligence and experience on those subjects will enable you to afford. You will render an acceptable service therefore by forwarding with as little delay as may be, the views under which the enclosed articles as they stand in that instrument present themselves to you. It is wished that your observations may be pointed particularly 1st. to the actual operation of the Articles respectively, whither in reference to Commerce or Navigation. 2d. to the question whither the articles in their respective forms, be, or be not, on the whole, preferable to a treaty without any provisions on the respective subjects of them. 3d What alterations might be made favorable to the United States, and not otherwise to Great Britain. 4th. What desirable alterations would not be disadvantageous to Great Britain, in a degree forbiding the hope of obtaining them 5th. Whither the General stipulations concerning the trade between the two Countries, comprehends or not, the trade between the Continental Colonies of Great Britain and the United States, and if they do, how would they effect the interest of the latter?
“I only add that this last branch of trade does not appear to have been contemplated by the parties to the negociation, and that it was, as is indeed sufficiently expressed, understood between them, that the Trade to the East Indies, was to be direct from, as well as to America.
“You will be fully sensible of the propriety of making this letter confidential as well as private, and will I am sure in execut’g the task which it imposes on you, use all the circumspection, which the delicate nature of it suggests” (CStbK; 2 pp.; in Forrest’s hand, signed by JM).
JM sent a copy of this letter to Jacob Crowninshield on 26 March 1807 (not found); acknowledged as received in Crowninshield to JM, 7 Apr. 1807 (DNA: RG 59, ML), in which Crowninshield promised to give an opinion on the commercial articles of the Monroe-Pinkney Treaty. JM also sent a copy to Tench Coxe on 27 March 1807 (DLC; 2 pp.; in Forrest’s hand; signed, dated at “Washington,” and marked “private & confidential” by JM). JM likely enclosed in all of these letters the third through sixth articles of the Monroe-Pinkney Treaty. A copy of those articles in Pleasonton’s hand is found at DLC: Samuel Smith Family Papers.
2. JM referenced Thomas Jefferson’s 24 March 1807 proclamation that temporarily suspended the non-importation law; the proclamation was published in the National Intelligencer, 25 Mar. 1807.