From James Madison to the Speaker of the House of Representatives, 9 April 1806
To the Speaker of the House of Representatives
Department of State 9 April 1806.
The Secretary of State, to whom on the 28 ult was referred by the House of Representatives the petition of Jared Shattuck, has the honor to make the following report:
That it appears, that the petitioners ship the Mercator and her cargo were detained in the year 1800 by Lieut. Maley, commanding the Schooner Experiment, a vessel of war of the United States, and ordered to Cape François for examination by Commodore Talbot: That whilst they were in the possession of Lt. Maley’s prize-master, they were seized by the British Privateer General Simcoe, carried to Jamaica and condemned in the Court of Vice Admiralty, as prize to the said Privateer: that the condemnation took place after a claim had been duly filed on behalf of the present petitioner, in the said Court; that on an application being made to the Executive for Restitution, a judicial investigation was suggested; and as Lieut. Maley was represented as being insolvent and absent, the Attorney for the District of Pennsylvania in pursuance of instructions given to him entered his appearance in an amicable suit, “with a view to a judicial investigation of the case,” but it was stipulated, “that a final decree in the suit against William Maley should not in any degree involv⟨e⟩ a decision upon the question, whether the United States are responsible, which question was to remain open to be determined wherever else it may be proper:”
That in February term last a judgment in ⟨the⟩ last resort was given against Lieut Maley for the sum of $33,864 55/100 by the Supreme Court of the United States, to whic⟨h⟩ the suit had been removed by the Counsel of the United States:*
That limiting the consideration to what has been done by the Legislature in similar cases; to the general policy of the United States to favor the redress of wrongs on the high seas; and to the particular features of this case, with the personal circumstances of Lieut. Maley; it is the opinion of the Secretary of State that provision ought to be made for the payment of that sum and the costs of suit, to the petitioner.
All which is respectfully submitted
James Madison
RC (DNA: RG 233, Reports and Communications from the Secretary of State, 6A–E1); letterbook copy (DNA: RG 233, Transcribed Reports and Communications from the Secretary of State, 5C–B1, 3:379–80); Tr (DK-KoSAR: Danish National Archives); printed copy (DNA: RG 233, Report of the Committee of Claims, Petition of Jared Shattuck, 11A–C2.1). RC in a clerk’s hand, except for Wagner’s complimentary close and dateline; signed by JM. Below the signature in an unidentified hand: “The voluminous papers th⟨at⟩ accompanied this report were burnt in the conflagation of the Capitol in 1814. For a report on this case & other papers See Nos. 192 235.” RC printed in , Claims, 332–33, with a correction of the case numbers to 190 and 234; for the case referrals, see ibid., 358–60, 418–19. Tr in Peder Pedersen’s hand. Printed copy bears manuscript note on verso of cover: “The committee however beg leave to observe that it appears by the documents referred to them that of the sum of 33,864.55 decreed by the supreme court of the U.S. there was included 8,347.11 for interest, leaving 25,517.44 for the amount of the Several items of charge allowed by the court in the decree. The committee impressed with a sense of the Justice of this claim submit to the House the following resolutions—1. Resolved that the said sum of 33,864.55 ought to be granted to the petitioner—2. Resolved that the petitioner ought to be allowed interest at Six per cent on the said sum of 25,517.44 from the third of March 1806.”
1. For Maley v. Shattuck, see 3 Cranch 458–92.