Presidential Proclamation, 12 December 1815
Presidential Proclamation
[12 December 1815]
Whereas, it has been represented, that many uninformed or evil disposed persons have taken possesion of, or made a settlement on, the publick lands of the United States which have not been previously sold, ceded, or leased by the Un(ited states, or the cl)aim to which lands, by such persons, has not been previously recognized and confirmed by the United States: which possession or settlement is, by the Act of Congress passed on the third day of March, one thousand eight hundred and seven, expressly prohibited:1 And whereas, the due execution of the said Act of Congress as well as the general interest, require that such illegal practices should be promptly repressed.
Now Therefore, I, James Madison, President of the United States, have thought proper to issue my proclamation, commanding and strictly enjoining all persons who have unlawfully taken possession of or made any settlement on the publick lands, as aforesaid, forthwith2 to remove therefrom; and I do hereby further command and enjoin the Marshal, or officer acting as Marshal in any state or Territory where such possession shall have been taken or settlement made, to remove, from and after the tenth day of March3 one thousand eight hundred and sixteen, all or any of the said unlawful occupants; and to effect the said service, I do hereby authorise the employment of such military force as may become necessary, in pursuance of the provisions of the act of Congress aforesaid, warning the offenders moreover that they will be prosecuted in all such other ways as the law directs.4
In Testimony whereof, I have caused the Seal of the United States of America to be affixed to these Presents, and signed the same with my Hand: Done at the City of Washington, the twelfth5 day of December, in the year of our Lord one thousand Eight hundred and Fifteen, and of the Independence of the said United States of America the Fortieth.
James Madison
By the President,
Jas. Monroe
Secretary of State.
MS, draft, and partial draft (DNA: RG 11, Presidential Proclamations). MS in a clerk’s hand, signed by JM and James Monroe; words and parts of words in angle brackets are supplied from draft. Draft in Richard Rush’s hand; partial draft in William Harris Crawford’s hand, with Rush’s emendations.
1. Partial draft has: “Whereas information has been received that many uninformed, or evil disposed persons have intruded upon, & occupied the (most valuable part of the public lands lately obtained by cession from various Indian tribes, before it has been surveyed and offered for sale agreeably to the existing laws upon that subject), which intrusion and occupancy are by the act of Congress passed on the 3d day of March 1807 expressly prohibited.” Above “most valuable part of the public lands,” Rush interlined “publick lands of the United states,” and above “laws upon that subject,” he interlined “without any right or title thereto.”
2. Partial draft ends here.
3. MS has “Tenth” and “March” inserted in an unidentified hand in blanks left for the purpose. Left blank in draft.
4. Draft ends here.
5. MS has “Twelfth” inserted in an unidentified hand.