Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1811-07-11

ianiInity OF the party insuited had, from a
dread CT o conflict, disposed him to Yield to
what his logic at the same time told him was
not an adequate atonement
10th. Vy my letter TO Gov. Claiborne of
October 27th, 1910, ordering him to take pos
sion of the part of West Florida cduimed 6v
the United States, he was authorised to call
to his aid the regular army and the whole mi
litia force of the neishboriEg territories. To
this order Mr. Madison annexed, with his
oEy'i1icn, the following restrictive qualifcati-
on, Viz. SHOULD, however, any particular
place, however small, reDainin possession Of a
Spanish .fcrce, you viii net proceed to en-
plsy free against it, but you will make inl-
mediate report thereof to this department. %
The idea Of the wl;ole military force of the
W being IN fuil march, and Suddenly halt
ing at the first appearance Of Spanish bay
ones, or CT their being restrained from taking
possession to the full extent of'what MIR. Ma
Olson iiinseif considered oRricSifipate ctQip,,
was, to my mind, So hamiliating, that real
ly could not disguise my cpnlicn of the re-
strictiGn under the mask OF official ieyer-
ence.
18th. in the month cf December, next after
my accession to the Department Of State,
discovered that several American citizeas,
claimants under the 7th article of the British
treaty had III VAIN presenrcd ia payment
their respective claims. To my surprise, !
found that the c was not within my control
any money for these just claims and, with
equal surprise, ascertained at the treasury,
that Mr.. ErviIg cur agent at Londcnrad re-
tained in his hands, as commission OF z ID
per cent. the sum OF S 22,592 and that this
sum, thus retained, was the very money that
had been paid by the British government in
trlst, fr the identical American citizens,
whose claims had thus in vain been present
e3 for payment. Neither in the Department
OF state, nor in any other department Of the
government, was there TO be found any re-
cord, or, indeed, any trace whate CT of.s let
ter OF Any kind authcrising Mr.. Erving to re-
tain that sum # IN ney. No circumstance in
relation to it was within the recollection {
any of the clerks. To my predecessor in Of
fee then res5rted. From him, however,
could obtain no explanation. ] ncverthC .ess,
stated to him, that the claim of Mr.. Erving,
as it appeared ON the bFeks of the Treasury,
was utterly inadmisSibie. Ist. Because, being
an officer with a jfred annual compensate n,
he could not with propriety receive an extra
emolument; and, especially, for the same
services for which the established compensa-
tion was allowed, Cd. Because the mCney,
retained by him, was not the property Of the
Z. 5. bot was merely in the hands of this 60
vernmcnt, in trust, for certain citizens of the
u. =. whose claims under the British treaty
nadbeen duly sanctioned. Mr.. Madison bare
II remarking that he had no knowledge or
recollection of any of the circumstances cf
this affair, took occasion abruptly to call my
attention TO some other subject. Perceiving,
! as did, that he was not disposed to give me
any Instructions in relation TO this affair, in
formed him that would lose no time in ap-
plying to Mr.. Irving for the requisite expla-
nation. And the following letter was accord
| ingy written and transmitted to him.
Department of STATE, Dec. 10, 1909.
SIR,
Finding thai the sums Of money, hereto
fore drawn out ofyour hands, by authority of
this department, to this untry, with a view
to the payment of such claims, under awards
Of the board of commissioners acting under
the 9TH article of the British treaty, as you
had not previously paid in London, are insult
| ficient for that purp, Sc, and that, upon en-
| curry at the treasury, there is still III your
hands the sum of503S pounds shillings stcr-
| ling, have to request that You will remit
the same in some safe and convenient node
| to this department and, as several cl&fns,
| which have been presented here, must wal;
| the arrival Of ibis money for payment, ] have
further 70 request you to hasten this remit
lance as much as possible.
! Having learned at the treasury also that
! you have retained this sum as a commission
| Off 10 per cent. upon the monies which have
! passed through your hands, think it proper
! 10 apprise you that 10 compensation OF that
| kind can be allowed.
have the honor to be, &c. &c.
r.. SMITH
n t.