James Madison Papers
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To James Madison from Thomas Jefferson, 16 March 1806

From Thomas Jefferson

Mar. 16. 06.

Th: Jefferson submits to the heads of departments the papers in the case of the Louisiana Commrs. with the Attorney General’s opinion. He prays them to give him their separate opinions on the subject, & to hand on the papers with this note, from the one to the other, to be finally returned to Th:J.1

RC (DLC: Jefferson Papers).

1On 16 Mar. 1806 JM replied: “The reasons given by the Attorney General against the decision of the Louisiana Claims Commissioners referred to in the President’s note of this date, appear to establish conclusively the illegality of that decision. Still as there are no circumstances justifying a presumption that the error had a corrupt source, and as it is sufficiently presumeable in my view that it would be corrected by the transmission of the reasons & opinion of the Attorney General, with the sanction of the President thereto, I deem that course preferable to an immediate removal of the Commissioners” (DLC: Jefferson Papers; 1 p.; docketed by Jefferson as received 17 Mar.). John Breckinridge’s opinion on the issue has not been found, but it dealt with the interpretation by a majority of the Louisiana land commissioners of the provisions of the 2 Mar. 1805 “act for ascertaining and adjusting the titles and claims to land, within the territory of Orleans, and the district of Louisiana” (U.S. Statutes at Large description begins The Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73). description ends , 2:324–29). For the commissioners’ decision, James L. Donaldson’s explanation of it, and John B. C. Lucas’s protest against it, see Carter, Territorial Papers description begins Clarence Carter et al., (28 vols.; Washington, 1934–75). description ends , Louisiana-Missouri, 13:493–501. Land agent William C. Carr apparently complained to Albert Gallatin, who forwarded the decision and accompanying papers to Jefferson on 15 Mar. 1806, suggesting that the commissioners be removed (ibid., 454). For more correspondence on the case, see ibid., 372–83, 459, 462–63, 507–9, 567–68. On 21 Apr. 1806 Congress passed another land law clarifying the terms of the 2 Mar. 1805 act (U.S. Statutes at Large description begins The Public Statutes at Large of the United States of America … (17 vols.; Boston, 1848–73). description ends , 2:391–95).

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