The enquirer. [volume] (Richmond, Va.) 1804-1815, 1811-07-09

'"S saHe SERVICES Tor whiCh the established
compensation was allowed Cd Because
tue money. retained by him. was not the
property of the US but was merely in the
hands of this Government, in trust, for GER
tain citizens OF the u ). whose claims under
the British Treaty had been duly sanction
ed Mr. Madison barely remarking that he
had no knowledge or recoIle ction Of any of
the circumstances Of this affair took occa-
sion abruptly to call my attention to some
other subject. 2Perceiving, as did. that he
was not disposed tot give me any instructions
in relation this affair, informed him that
would lose no time in applying to Mr. Err
wing tor the requisite explanation. And the
| following letter was accordingly written &
transmitted to him:
| I" Departmen Of .state. Dec 10, 1909
SIR,
Finding that the sums of money, heretofore
drawn out of your hands, By authority of this
Department, to this country, with a view to the
payment of such claims, under awards of the
| board of Commissioners acting under the 9TH ar
ticle ofthe. British Treaty, as you had not preY-
ousiy paid in London. areinsufficient for that
purpose, ard that upon inquiry al the Treasury,
| there is still in your hands the sum of 1898
pounds shillings sterling, 1 have to request
| that you will remit the same in some safe ard
convent ent mode TO this Department and, as
| several claims, which have been presented here
L
have further to request you to hasten this re-
mIttSnce much as possible.
| Having learned at the Treasury slso tina,
| you have ret aimed this sum asa commits sion OF
% per cent upon the monies, which have passed
through your hands, think i proper to apprise
you, that no compensation of that kind can be al
lowed
| have the honor to be, &c. &c.
r. SMITH"
George W. Ervine, EsG. Grc
Upon the receipt of this letter Mr.. Err
wing, then in Cadiz. in his reply, informed
me, that, upon his return to the U S. he
would give me the necessary iaformation.--
Upon his arrival at Washington, he accor-
dinghy Showed me a letter from Mr. Madi
son himself, fully and explicitly authori-
stag him TO retain the sum OF money in
question.-Whence then, it will BE asked,
did IL happen, that of this letter there was
no reCord--Do trace whatever in the De
partment of State 1t is because it was
not an official but friUate letter. and of
which. the original and Duplicate were
both In MIR. Madison's own hand wri-
ting. The following is the copy of this
| letter:
| DUPLICATE "a
" Pyicdtc. WAsHINeroN, Nov. 8, 1904
"DEAR SKI, 4
| " Your several communica ATOMS re-
lating 10 the awards, seamen, &c. have been
| Just received and with them yoiy 6rivnte letter
, of Sept fr,t. AS the subiScl Of mis- last NAV
! render an early answer interesting TO yor, /
h. sien &c give it-Your observations on the rea.
l;sonableness OF. some remuneration ofy your SER
vices have, a. you wished, been submitted TO the
President. Tive result ofhs reflections for the
present is, that l shouih suggest that you re-
tain out of the next instalrpect in Its passage
through your hands to llie Barings percentage
| OF % on the awards actually tecerved and to be
! received by>you ard that you state 1t rs an item
| i'- your account with he public. This will
bring the equity OF your claim regularly before
| the government and will leave the " az open for
the choice of modes and funds as may finally APP
pear most proper.
With great esteem and regard,
am,
Dear Sir,
Your obedient ser'vt.
JAMES MADISON.
y George Lrving. Esq. London"
Expressing to MIR. Madison my surprise
and regret ,bat a MISREPRESENTATION to so
large an amount had been made the subject
of. a frivqte letter, ] remarked to him that
he would now have to decide whether Mr.
ErviDg would be allowed to retain this
sum of money, and that should he be
allowed then an application must ne
cessarily be made To Congress tor an
appropriation of a like sum to ena-
BILE the State Department to discharge the
lust demands OF the claimants under the
Treaty. l, borrower, a. the same time, sta
ted to MIR. Madison that the agency of Mr..
Ewing had been rom September. 1901, to
lSeptember, 1905, and thai the private let .
ter OF November, 1904, giving to him 1882
dollars in addition to his annual salary of
9 900 dollars, was, in fact, allowing him
compensation Of 1882 dollars fer onnuHl.
As. however, It appeared to che President
that consistently with this fsriUGte letter,
MIR Ewing could not in candor or iR equity
| be called upon to return to the Government
| this money, was of course instructed by
him 10 give his claim To- it the sanction of
the State Department, and moreover to
consider and put on file as fR6ic letter
the friUate letter OF November s, 1904 -
And an application was afterwards accor
dinghy made to congress for the requisite
appropriation
The Senate having passed a resolution
calling upon the President for certain inGor
nation in relation TO this subject, | frankly
declared to him, that in case of his Applicant
on to the State Department for a repor ,every
Consid ration of duty would constrain me
to set forth all the circumstances ot this
transaction. He manifested great pertur-
baton and fretfully said, that the call of the
Senate was evidently made with view TO
injure him. In connection with this unpre
cedented observation, l perceived unequi
vocal indications OF dissatisfaction with re
spect to myself. And well assured as am,
and believing, as | sincerely do, that this