§ To James W. DePeyster
27 December 1804, Department of State. “The subject of your letter of the 21st. inst. to the Secretary of the Treasury ought to have been addressed to this Department.1 Instead of one instalment, two are due to yourself, and William De Peyster & Co. to whose joint power of Attorney it will be paid at this office: they amount to 1411 36/100 dollars. Public notice was given in the Gazettes so long ago as May last,2 that no bills for such claims would be paid in London after the 31 August last, and as you nevertheless drew for it on Mr. Erving on the 10th. of the same month, the damages and costs of protest are the consequence of your own act.”
Letterbook copy (DNA: RG 59, DL, vol. 14). 1 p.
1. In James W. DePeyster and Company to Albert Gallatin, 21 Dec. 1804 (DNA: RG 59, ML; docketed by Gallatin and by Wagner), the firm stated that they had received a 29 May 1804 letter from George W. Erving informing them they could draw on him for £158 15s.7d., the first third of the award due them in the case of the Ann, Capt. Marschalk, at Bermuda. On 10 Aug. they drew on Erving, but the bill was returned because it was presented after 31 Aug. They asked whether Erving or the U.S. government was responsible for the 20 percent damages plus the cost of protest assessed, since the notice given was faulty, and asked Gallatin how they should act to receive the above sums.
2. For the public notice regarding the payment of claims under Article 7 of the Jay treaty, see JM to Gallatin, 11 Apr. 1804, PJM-SS description begins Robert J. Brugger et al., eds., The Papers of James Madison: Secretary of State Series (7 vols. to date; Charlottesville, Va., 1986–). description ends , 7:35 and n. 2.