James Madison Papers
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https://founders.archives.gov/documents/Madison/03-11-02-0399

To James Madison from William Harris Crawford, 20 September 1816

From William Harris Crawford

War Department 20th Sept. 1816.

Dear Sir.

The inclosed letter to Richard Bland Lee Esquire explains the Nature of the additional regulations which appear to me to be necessary for the government of his conduct in the discharge of the duties Required by the act under which he has been appointed.1 I am apprehensive that the manner in which he is proceeding will give great dissatisfaction to the two houses of Congress at their next meeting.2 He has sanctioned the Claim of Mr Carroll, for the destruction of his buildings near the Capitol; & Mr Ringgold for his rope works.3 I have heard nothing of the nature of the evidence in the latter Case. In the former, it is said, that evidence proves, that the destruction was occasioned by the finding of an officer’s uniform, & feathers, in them from which the British officers inferred that it had been a military depot, or had been occupied by a military force. It was not pretended by the Claimant, that it had been occupied in either way; but the inferences of the British officers were admitted as evidence of those facts, & an award was made accordingly. In the case of attending sick soldiers—impressment of a fence—destruction of property by the Soldiery without authority Mr Lee has sent the papers to the accountant, endorsed “evidence deemed sufficient, if payment has not been made.” The accountant felt it to be his duty to submit the papers to my examination, under the impression that the ideas of the Commissioner, in these Cases were not authorized by the laws. The act so far as it applies to losses sustained by the military, is confined to Militia and volunteers. The regular troops are not contemplated in those provisions. Mr Lee has, however, acted upon Cases of this Kind, as I have been informed, & has sanctioned the Claim of a regular officer, for the loss of a horse not Killed in battle, & which does not come within the provision for Compensating losses of Property, employed in the military Service, by contract or impressment.

I am fearful that Mr Lee does not feel himself authorized to seek for evidence, to secure the government, against imposition, but that he conceives himself bound by the evidence produced by the Claimant, altho: that evidence, upon its very face, is not entitled to credence. I know [illegible], upon what other principle he can have determined in favor of the impressment of a fence, when the evidence shews that it must have been the effect of depredations by the Soldiery, & that the property was not taken by impressment by orders of a military officer.

It is probable that sums will be awarded in favor of persons indebted to the government, some of whom may be insolvent. To pay money to a person indebted to the government, to an equal, or greater amount, would be improvident, under any circumstances, but where the debter should be notoriously insolvent, it would be worse than folly, unless the injunctions of the law were considered empirious. The law, in question, directs that the money Shall be paid at the treasury, upon the presentment of a certified Copy of the decision of the Commissioner. The obligation to watch over the interest of the republic, I should think, confers the power of executing the laws So that no injury not contemplated by the legislature, Should be Sustained by the nation. In the present case, it could not have been the intention of Congress to pay money, under the decisions of their commissioner, to persons who were indebted to the government, before the adjustment of their accounts. Complete justice was the object of the legislature, & that cannot be Secured, but by a fair Settlement of the accounts of those who may be declared by the Commissioner to be public Creditors. The amount that is due upon a final settlement, is all that ought to be paid.

My duty has induced me to present this subject for your Consideration. The remedy is easy, provided the power of the executive is sufficient to enforce it. A reference of every certificate, to the Accountants of the War & Navy departments, will enable the Treasury department to do complete justice. I have the honor to be your most obt. & very humbe Servt.

Wm H Crawford

RC (DLC). Docketed by JM.

1Crawford enclosed a copy of his 19 Sept. 1816 letter to Richard Bland Lee (printed in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States […] (38 vols.; Washington, D.C., 1832–61). description ends , Claims, 691) pointing out that Lee needed to take reasonable precautions “to guard the Government against imposition” in the payment of compensation claims for American property destroyed by Great Britain during the War of 1812, often by failing to provide sufficient supporting testimony. Under these circumstances, Crawford advised Lee that he had requested the president to direct that “in all cases of property impressed coming within the provisions of the law, the name and rank of the officer by whose authority it has been made shall be disclosed in the evidence, and that the testimony of such officer shall be obtained by the commissioner, where it is practicable, before any decision shall be made in favor of such claimant.” Claims for attending sick soldiers and the loss of property “by the unauthorized acts of the soldiery,” Crawford added, were “not within the provisions of the law.”

2To preempt this “dissatisfaction,” JM recommended that Congress reconsider the ninth section of the 9 Apr. 1816 law authorizing payment for “property lost, captured, or destroyed by the enemy” (see below, To Congress, 6 Dec. 1816, and n. 1).

3The claims of Daniel Carroll of Duddington and Tench Ringgold were included in a report presented to the House of Representatives on 17 Dec. 1816. Carroll’s claim involved a house named “Tomlinson’s Hotel” that had been occupied by two families on 23 Aug. 1814, and which a detachment of Virginia militia had passed through en route to join forces headed by Brig. Gen. William H. Winder. The British army subsequently burned the house, and it was the opinion of the House committee that a claim, amounting to $27,093.50, should not have been allowed because the house was not “a military deposite, under the authority of an officer or agent of the United States.” The committee reached a similar verdict on the payment of $17,612.39 awarded to Tench Ringgold and his business partners for a ropewalk and an adjoining house burned on 25 Aug. 1814 (Annals of Congress description begins Debates and Proceedings in the Congress of the United States […] (42 vols.; Washington, D.C., 1834–56). description ends , 14th Cong., 2d sess., 299–300).

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