James Madison Papers
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https://founders.archives.gov/documents/Madison/03-11-02-0595

To James Madison from George Graham, 20 December 1816

From George Graham

Der. 20th. 1816

The Acting Secretary of War has the honor to submit to the President, the report made by the Commissioner of Claims, relative to his proceedings under the act, “authorizing the payment for property lost, captured, or destroyed by the Enemy, while in the military service of the United States, and for other purposes.”1

Geo: Graham

RC and enclosure (DNA: RG 233, President’s Messages, 14A–D1); letterbook copy (DNA: RG 107, LSP). RC in a clerk’s hand, signed and dated by Graham. For enclosure, transmitted by JM to the House of Representatives on 21 Dec. 1816, see n. 1.

1Graham enclosed a report (22 pp.; 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, 490–96), dated 17 Dec. 1816, issued in response to the 6 Dec. 1816 resolutions of the House of Representatives on the proceedings convoked under the 9 Apr. 1816 act to “authorise the payment for property lost captured or destroyed by the enemy while in the military service of the United States.” The report explained how Commissioner Richard Bland Lee had performed his duties under the act after receiving instructions dated 3 and 24 June and 21 Oct. 1816 from the War Department, with Lee assuming that these instructions sanctioned his interpretation of the law. The claims received under the law were divided into six classes: the first dealt with claims for horses, killed or lost, made by any volunteer, drafted militiamen, “whether of cavalry mounted riflemen or infantry”; the second dealt with claims made by mounted riflemen, volunteers, or cavalry who had become separated from their horses by order of a commanding officer; the third dealt with claims for losses of horses, mules or oxen, wagons, carts, boats, sleighs, or harness while in the service of the United States; the fourth dealt with claims from those who had furnished themselves with arms and accoutrements and lost them through no fault of their own; the fifth dealt with the loss or destruction of any property that had been impressed or taken by the army during the war; and the sixth dealt with damage of houses and buildings that had been used as a “military deposit” under the authority of the United States. These sections also explained the nature of the evidence that would be admissible under the claims. The report concluded with seven sections (marked A to G) containing copies of Lee’s correspondence with the Treasury and War departments between 24 June and 16 Dec. 1816 over the interpretation of the 9 Apr. 1816 law.

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