James Madison Papers

From James Madison to William C. Williams, 5 February 1807 (Abstract)

To William C. Williams, 5 February 1807 (Abstract)

§ To William C. Williams. 5 February 1807, Department of State. “I duly received your letter of the 15th. Ult. The latest intimation of the state of the case of the Friendship, received at this Department, is of the date of August 1805,1 which suggested, as a caution, not to pay the money until the result of a Chancery suit, instituted against the Agent, should be ascertained. Under such circumstances, it is deemed inexpedient to pay the money to you at present.”

Letterbook copy (DNA: RG 59, DL, vol. 15). 2 pp.

1The letter to the State Department has not been found, but George W. Erving explained the situation to Albert Gallatin in a letter dated 1 September 1805 (5 pp.). According to Erving, the London Board of Commissioners had awarded £3,355 17s 2d to Joseph Cary and Thomas Williams, both of whom were deceased. While in partnership, they had assigned their claim on the British government to a Mr. Blane of London as collateral security for the balance of an account. After Blane’s firm failed, Cary’s creditors sent Erving documents and testaments to show that “the demand of Blanes assignees was an unjust one.” Erving agreed and thought it his “duty to resist it by Every means” in his power, and he listed other legal reasons he believed he should not pay “the monies to any other than those named in the award or in any mode not authorized” by his instructions. Blane’s assignees filed a bill in chancery against Erving. Erving judged it best not to receive “any instalment from the British government” while the suit was pending and claimed that his conduct was “confirmed by the Instructions which have been since given by the secretary of state to pay over all the monies received on account of awards to the United States.” Erving continued: “under the sanction of these instructions I have thought it safe & regular to receive the whole amount of this award from the British government which I have accordingly done, & paid it with the other sums lately received, to Sir Francis Baring & Co” (DNA: RG 76, Preliminary Inventory 177, entry 179, Great Britain, Treaty of 1794 [Art. VII], Unbound Records, ca. 1790–1820, box 4). For the instructions from the Department of State, see JM to Erving, 12 Jan. 1805, PJM-SS, 8:469–70.

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