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https://founders.archives.gov/documents/Madison/03-10-02-0335

To James Madison from Alexander J. Dallas, 21 March 1816

From Alexander J. Dallas

Treasury Department, March 21, 1816

The Secretary of the Treasury, to whom the President of the United States, referred the resolution of the 29th of February 1816, requesting, that there be laid before the House of Representatives, “a statement of the cases, in which he has employed, or caused to be employed, Counsel to assist the Attorney General prosecuting causes in the Supreme Court of the United States; stating as nearly as may be, the amount of the property in dispute, in each case, the names of the Counsel so employed, the period of employing them, and the compensation granted to them in each case; also, the manner of making such compensation, and the fund out of which the same was paid,”1 has the honor to present the following

Report:

⟨That it⟩ appears to have been the practice of the ⟨Governmen⟩t, to employ Counsel, to assist the Attorney ⟨General,⟩ and, also, the District Attornies, in cases of great importance, either as to the principle, or ⟨as to the⟩ value, involved in the controversy. Thus, for ex⟨ample,⟩ so early as February term 1796, of the Supreme Court, ⟨Alexander⟩ Hamilton received a fee of 500 to as⟨sist the⟩ Attorney General in maintaining the affirmative ⟨upon⟩ the question, respecting the constitutionality of the ⟨carriage⟩ tax; and Alexander Campbell and Jared Ing⟨ersoll,⟩ Counsel maintaining the negative, received a f⟨ee of⟩ 233.33/100 Dollars, under an agreement, that, ⟨for the⟩ purpose of obtaining a final decision, the U⟨nited⟩ States should pay all the expenses, incident to ⟨the⟩ transfer of the cause, from the Circuit Court ⟨to the⟩ Supreme Court.2

That, on the 24th of March, 1⟨804⟩, in obedience to a Resolution of the House of ⟨Repr⟩esentatives of the 3d. of the same Month, the ⟨Secretary⟩ of the Treasury presented a statement “of a⟨ll the⟩ monies which since the establishment of the p⟨resent⟩ government had been paid at the Treasury ⟨of the⟩ United States, as fees to Assistant Counsel ⟨and for⟩ legal advice in the business of the United S⟨tates, in⟩ which were distinguished the several sums, ⟨when paid,⟩ for what services, and to whom paid respecti⟨vely,”⟩ amounting, in the whole, to the sum of 502⟨2.16.⟩3

That the Statement hereunto an⟨nexed,⟩ marked A, contains a like specificatio⟨n of all the mon⟩ies paid, or payable, at the Treasury of the ⟨United⟩ States, from the 24th of March 1804, until ⟨the pres⟩ent time, for the employment of Counsel ⟨to assis⟩t or to represent, the Attorney General, in ⟨causes de⟩pending in the Supreme Court of the United ⟨States,⟩ amounting, in the whole, to the sum of $4540.4

That this Department does not possess ⟨the means⟩ of stating the amount of the property in ⟨dispute in⟩ each case, in which Assistant Counsel ⟨has been⟩ employed in the Supreme Court; but it ⟨is confident⟩ly believed, from general information, that ⟨in every⟩ such case, either the value of the property was ⟨great, or⟩ the principle of the controversy was import⟨ant or⟩ the employment of Assistant Counsel, in the ⟨cases of⟩ sickness or other casualties, was essential to ⟨the publ⟩ic interests, as will more particularly appear ⟨by the no⟩tes accompanying the Statement A.

That the manner of making the compensa⟨tion to⟩ the Assistant Counsel has uniformly been, ⟨by issui⟩ng the Warrants of the Secretary of the ⟨Treasur⟩y, founded upon the official settlement of ⟨the Comp⟩troller and Auditor; and by paying the ⟨amount,⟩ either out of the Appropriation, annually ⟨passed⟩ by Congress, “for the discharge of such ⟨miscell⟩aneous claims against the United States, not ⟨otherwise⟩ provided for, as shall have been admitted ⟨in due⟩ course of settlement at the Treasury”; or out ⟨of the appropriations annually made⟩ “for the ⟨discharge of such demands against the⟩ United States, ⟨on account of the civil departme⟩nt, not otherwi⟨se provided for, as shall have been⟩ admitted in ⟨due course of settlement at the Tr⟩easury.” All ⟨which is respectf⟩ully submitted.

A.J. Dall⟨as,⟩
Secretary of the ⟨Treasury.⟩

RC and enclosure (DNA: RG 233, Reports and Communications from the Secretary of the Treasury, 14A–E1; printed in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61). description ends , Miscellaneous, 2:302–3). Words and parts of words in angle brackets are supplied from the printed copy. JM forwarded the report to the House of Representatives on 22 Mar. 1816 (DNA: RG 233, Reports and Communications from the Secretary of the Treasury, 14A–E1). For enclosure, see n. 4.

1The resolution was offered by Alexander C. Hanson of Maryland (Annals of Congress, description begins Debates and Proceedings in the Congress of the United States … (42 vols.; Washington, 1834–56). description ends 14th Cong., 1st sess., 1108).

2For JM’s involvement in the 1796 case of Hylton v U.S., see PJM, description begins William T. Hutchinson et al., eds., The Papers of James Madison (1st ser., vols. 1–10, Chicago, 1962–77; vols. 11–17, Charlottesville, Va., 1977–91). description ends 16:217 and n. 1.

3See ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61). description ends , Miscellaneous, 1:392–94.

4Enclosure A (3 pp.) is an itemized list of six payments made between 19 Mar. 1805 and February 1815, varying between $200 and $1,200, to counsel assisting the attorney general in cases before the Supreme Court. These payments totaled $4,340, a difference of $200 from the sum of $4,540 stated by Dallas (printed in ASP description begins American State Papers: Documents, Legislative and Executive, of the Congress of the United States … (38 vols.; Washington, 1832–61). description ends , Miscellaneous, 2:302–3).

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