To James Madison from Jacob Wagner, 12 September 1806
From Jacob Wagner
Department of State 12 Septr. 1806
Dear Sir
I have forwarded to Mr. Sanford the patent he requested.1 I have forwarded the letter addressed to Mr. Payne under the impression that it would be opened by his family: should not this be the case, I shall be happy to send it to Tripoli. From a conversation I had with the Comptroller; I thought it necessary and not amiss to write the letter, of which I enclose a copy, to the Collector of Wilmington.2 There is no treaty stipulation upon the subject of repairs, except in the Convention of 1800 with France, which is also confined to prizes to privateers.3
Packages of letters were received under cover to you for Mr. Gallatin & Genl. Dearborn, by the last mail, from Mr. Bowdoin. That for the latter will be forwarded by his office to day: Mr. G’s has been opened but is not later than the 8 May. I have the honor to remain With the greatest respect & attacht. Your obed. servt.
Jacob Wagner
RC (DLC). Docketed by JM. Enclosure not found, but see n. 2.
2. See Gabriel Duvall to JM, 6 Sept. 1806, and n. Wagner wrote Allen McLane on 9 Sept. 1806, acknowledging receipt of McLane’s letter in the State Department, reporting that he had forwarded it to JM and hoped to receive his reply within a week, and referring McLane in the meantime to earlier instructions from the Treasury Department and the State Department that appeared to form a precedent for permitting the type of sale and leniency about which McLane had inquired. On 24 Sept., Wagner reported that JM had approved his comments and had nothing to add (DNA: RG 59, DL, vol. 15).
3. Article 25 of the convention forbade privateers of any nation at war with the United States or France from fitting out their ships in the ports of either nation, selling or exchanging their prizes, or purchasing more provisions than necessary to get to their nearest home ports (, 2:477–78).