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The writings of James Madison,

comprising his public papers and his private correspondence, including numerous letters and documents now for the first time printed.
 
 
 
 
 

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TO ROBERT SMITH.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

TO ROBERT SMITH.

D. OF S. MSS. MISCL. LETS.
Dear Sir

I return herewith the letters from Vanderhorst,


107

Page 107
& Bernaben. It would have been better if Lowrey
had more carefully concealed his destination. The
case of the Spanish Goods landed from the French
privateer, must be decided by the result of the judicial
inquiry into the character of the latter. If
equipped from our jurisdiction, the capture gives
claim to restitution. If not so equipped, the law as
it stands in relation to prize goods brought into the
U. S. must decide on the course to be pursued. It
would seem proper to transmit the representation of
Bernaben, to the collector & the District Attorney,
with a request to the latter to do what may be right
in the cases.

I find by a letter from the Secretary of the Navy,
that another insult to our national Flag, has been
offered by a British Commander. I have desired
him to communicate to you the circumstances of
the case; on which you will please to found whatever
instructions to Mr. Pinkney, they may render proper.

Accept my respects & best wishes.