From James Madison to Congress, 26 December 1816
To Congress
December 26th. 1816.
To the Senate and House of Representatives of the United States.
It is found that the existing laws have not the efficacy necessary to prevent violations of the obligations of the United States, as a nation at peace towards belligerent parties, and other unlawful acts on the high Seas, by armed vessels equipped within the waters of the United States.1
With a view to maintain more effectually the respect due to the laws, to the character, and to the neutral and pacific relations of the United States, I recommend to the consideration of Congress, the expediency of such further legislative provisions as may be requisite for detaining vessels actually equipped, or in a course of equipment with a2 warlike force, within the jurisdiction of the United States; or, as the case may be, for obtaining from the owners or commanders of such vessels,3 adequate securities, against the abuse of their armaments, with the exceptions in Such provisions, proper for the cases of merchant vessels furnished with the defensive armaments usual on distant & dangerous expeditions;4 and of a private commerce in Military stores permitted by our laws, and which the laws of Nations does not require the United States to prohibit.5
James Madison
RC (DNA: RG 233, President’s Messages, 14A–D1); draft (NBuU). RC in John Payne Todd’s hand, signed by JM.
1. Here, in the draft, JM added, then canceled “& for whose conduct they are responsible.”
2. Here, in the draft, JM wrote, then canceled “a force applicable to the making of captures or spoliations.”
3. Here, in the draft, JM wrote, then canceled “agst. these or other unlawful proceedings on the High seas: excepting however some with the proper exception in behalf of mercantile vessels preferably] furnished with the usual.”
4. Here, in the draft, JM wrote, then canceled “and in behalf of.”
5. After considerable debate, Congress passed, and JM approved on 3 Mar. 1817, “An Act more effectually to preserve the neutral relations of the United States” (, 14th Cong., 2d sess., 40, 88, 89, 100, 140, 147, 198–99, 205, 365, 716–45, 746–56, 763–64, 766–68, 770, 1055, 1057, 1067; , 3:370–71).