James Madison Papers
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https://founders.archives.gov/documents/Madison/02-11-02-0492

To James Madison from DeWitt Clinton, 3 May 1806

From DeWitt Clinton

Newyork 3d: May 18⟨06⟩

Sir.

The enclosed papers will inform you of ⟨cer⟩tain events which have taken place here relativ⟨e⟩ to the British Vessels of war off this port.1

There is reason to believe that supplies of provision intended for them were intercepted and brought back to this City after the murder of Pierce— and that a Pilot Boat went out of the port to recapture a Ship said to have been taken in our waters, and returned without effecting anything. But these enterprizes were unauthorized by the Magistrates and were the result of a high and justifiable spirit of indignation which pervaded the whole body of our Citizens. In consequence of the letter No: 6, from Mr. Barclay, and of verbal assurances from him that the British would immediately retire from our Coast, I directed a pilot to take the officers who were in this City to their Vessels, which was done with perfect safety and without the least opposition. The flag of truce, as it was termed, had previously gone down and delivered my answer.

I understand from the Pilot that the British Vessels were to depart yesterday afternoon, and I have no doubt of the correctness of this information. I have the honor to be &c.

(signed) DeWitt Clinton

Tr and Tr of enclosures (DNA: RG 59, ML); Tr of enclosures (UkLPR: Foreign Office, ser. 5, 49:67–68, 70v–71v, 50:31); letterbook copy (NNC: DeWitt Clinton Papers). For enclosures, see n. 1.

1The enclosures (10 pp.) are copies of: (1) Thomas Barclay to Clinton, 27 Apr. 1806 (printed in Rives, Selections from the Correspondence of Thomas Barclay, Formerly British Consul-General at New York, 233–34), deploring “the unfortunate & fatal accident” that had befallen, asking permission to board the Leander to inform Capt. Henry Whitby of the event, and asking that four British officers who had come to the city two days before the accident be allowed to return to their ships, asking for copies of the depositions taken, and asking if the revenue cutter could be spared to transport him; (2) Clinton to Barclay, 28 Apr. 1806, enclosing copies of the affidavits, stating that Jefferson had been informed of the events which had “very justly excited a general sentiment of indignation in this City,” that he was not willing to take any steps until he obtained the president’s instructions, that U.S. laws permitted Barclay to go aboard the Leander without authorization from Clinton, and that the revenue cutter was not under his control; (3) Henry Whitby to Clinton, 30 Apr. 1806, stating that the Leander and Cambrian had come to New York to collect any information the British packet might have brought and to obtain such supplies as they had previously; that he was surprised that the officers sent to obtain them had been “unlawfully” kept, especially since Pierce’s death was an accident that could not have been attributed to them; that he only stopped coasting vessels to collect whatever information that they might have and not out of intent to blockade New York or to distress or annoy U.S. trade; that he expected Clinton to restore the officers immediately on receipt of his letter, being sure that neither nation wished “to be plunged into an unnecessary unnecessary war”; that he hoped that accounts he had heard of local merchants having sent armed vessels in pursuit of two ships detained by the Royal Navy were unfounded because if they had been taken, it would be considered “an act of piracy”; that the officer bearing this letter under flag of truce had been instructed to return in twenty-four hours with Clinton’s agreement to his “just demand”; that if this did not happen, he should “be compelled to take those steps, however unpleasant, to support that dignity which ever has been undenied to the British flag”; (4) Clinton to Whitby, 1 May 1806, stating that until the receipt of Whitby’s letter he had been unaware there were any British officers in the city, that Barclay had applied to him “a few days ago” for permission to board or send to the Leander, mentioning at the same time that some British officers wished to do the same, to which he had replied that U.S. laws did not require any authorization from him, that instead of “being detained there by force” or being confined as Whitby intimated, they were free to come and go as they pleased, that he was ready to afford them the protection against attempted outrage guaranteed by U.S. laws, and that if Barclay would inform him that he was apprehensive “of any violence being offered to them,” Clinton would immediately take preventive measures out of a desire to maintain the friendship between the two countries, that he had nothing to say about “the outrages committed by the Ships” under Whitby’s command until he heard from the president, and that “the menace conveyed in the conclusion of [Whitby’s] letter [was] illy calculated to remove the unfavorable impressions which [Whitby’s] conduct” had excited; (5) Whitby to Lt. John Cowan, 30 Apr. 1806, instructing him to carry a flag of truce and Whitby’s letters to Governor’s Island, to ask the officer in charge to forward the letters unless he felt it was safe to deliver them in person, to wait twenty-four hours for Clinton’s answer, which time might be extended should such be requested, which Cowan was authorized to grant on sending immediately to Whitby the cause of the delay; (6) Barclay to Clinton, 1 May 1806 (marked No. 6; printed in Rives, Selections from the Correspondence of Thomas Barclay, Formerly British Consul-General at New York, 236–37), stating that it was “indispensably necessary” that the British officers be returned to their ships, which would be “dangerous & impracticable” for them to attempt without Clinton’s protection; that he was informed that there were persons lying in wait to intercept the officers should they attempt to leave; that he was also told there were boats stationed near Sandy Hook to prevent any vessel from communicating with the Leander and the Cambrian; that he was informed that should the officers be taken in attempting to reach the ships, they would be brought back to New York “where their persons will be insulted and their lives endangered”; and asking Clinton to provide them a safe conveyance.

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