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Madison, James (1751-1836) to Richard Rush

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Gilder Lehrman Collection #: GLC07110 Author/Creator: Madison, James (1751-1836) Place Written: Montpelier, Virginia Type: Autograph letter signed Date: 20 August 1815 Pagination: 2 p. : docket ; 24.9 x 19.5 cm. Order a Copy

Written by Madison as President to Rush as Attorney General. Asks advice on various problems the government needs to handle. Wants to know if it is proper to give naval protection against the "Carthaginian Corsairs" -- probably the Barbary powers. Madison thinks it is proper, but wants to make sure. Louisiana Governor William Charles Cole Claiborne wants to know if it is proper to use naval and military forces against Spanish provinces. Asks Rush for precedents and suggests talking to Secretary of State Monroe about his letter to the Spanish diplomat Louis de Onís. Also asks for suggestions on a law involving public lands. Wants to know if military force is applicable to remove intruders who have forfeitures.

Signer of the U.S. Constitution.

Montpelier Aug. 20. 1815
Dear Sir
The inclosed [sic] letter from Comodore [sic] Patterson inclosed to me by Mr. Homans, presents several points on which your advice to him may be useful, [inserted: so far as] the instructions already issued from one or other of the Departments be found inadequate. It seems entirely proper that naval protection if it can be spared, should be employed agst. the Carthagenian Corsairs, in pursuance of the rules lately settled & prescribed. The letter also inclosed from Robt. Harrison, to the Secretary of State, merits the attention of the Navy Department.
The question arising in the letter from Govr. Claiborne to the Secry. of State [inserted: on] whether the Armed force of the U.S. naval and military ought to be employed to arrest the enterprises agst. the Spanish Provinces; and whether a Proclamation from the Ex. of the U.S. be or be not necessary in the case. I will thank you to look into the precedents on these subjects, and to ascertain by inquiring in the proper Depts. the precise course to be observed in the event of an interposition by force, and the form of a Proclamation, in case one should be issued. It may be well also to see in the Dept. of State, the last letters from Mr. Monroe to Mr. Onis [?]. The latter has renewed his complaints, since, with all the points he could give to them.
I must trouble [inserted: you] with another subject which is stated [2] in the letter from the Comr. of the General Land Office. Is the Law which provides for the removal of intruders on the pub: lands by military force, applicable to the case of forfeiture as stated? What is the precise course, proper in the application of such force, in relation to the Martial and the military officer? The proceedings in the case of the [illegible] at H.O. will probably answer the latter questions, and will be found in the respective Depts.
The copy of a letter from Mr. Hansford [?] states another case on which I wish [strike out] the favour of your opinion.
Accept my & cordial regards
James Madison
Mr. Rush

[docket:]

President Madison
August 20 1815
Received the 29.
Acknowledged receipt
same day.
1. The points to be
resolved for Commodore
Patterson. 2nd [strikeout] Is an
Executive [struck: Is an] proclamation
needed? 3 Wishes me to look
into this and other subjects
Sep: 2. Answered fully.

Madison, James, 1751-1836
Rush, Richard, 1780-1859

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