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I am just returned from a visit to mr Madison whom I went to consult on certain matters. I communicated to him the papers from Simpson & Gelston inclosed to me in yours of Aug. 20. and which I now reinclose to you. we are both satisfied with Simpson’s refusal to enter the guns of a vessel as part of her description in her clearance, and if you are of our opinion we think it would be well to...
As we shall have to lay before Congress the proceedings of the British vessels at N. York it will be necessary for us to say to them with certainty which specific aggressions were committed within the common law, which within the Admiralty jurisdiction, & which on the high seas. the rule of the common law is that wherever you can see from land to land all the water within the line of sight is...
The appointment of Jonathan Delano to be keeper of the light house at Seguin island; and of James Taylor to be keeper of the light house in Shell castle island is approved. commissions are directed for David Broadie Hampton Edmund Key. Llewellensbg RC ( CtNlCG ); at foot of text: “The Secretary of the Treasury.” PoC ( DLC ); lacks postscript. Notation in SJL : “Delano. Taylor.”
The case of the Kentucky collection would be intolerable were we not bound to tolerate not only the law but the defects of the law, & the partialities of jurors in it’s execution. whether the law is defective will be seen on the appeal. what are the subtleties by which the lawyers contrive delays is not sufficiently stated to judge the judge ; but he is an honest man, and of reading &...
Joseph Howland is approved as Keeper of the Light House at Clarke’s point near New Bedford Mas. RC ( DNA : RG 26 , Records of the United States Coast Guard, Records of the Lighthouse Service, Miscellaneous Unbound Correspondence, 1801-1808 [1952]); addressed: “The Secretary of the Treasury”; endorsed by a clerk and by Gallatin. is approved : see Gallatin to TJ, 31 Oct.
I inclose you David Greenlaw’s affidavit to be forwarded to the District Attorney of N. Carolina as you propose. you can add the fact mentioned in Govr. Page’s letter that Greenlaw is at his father’s in Northumberland county Virginia, where he will remain till the 3d. of December to be ready to assist in bringing to justice the persons named in his affidavit. I presume it will be well to...
Rob. C. Nicholas ought certainly to be required to go to Fort Stoddart and sign the certificates.   the Collectorship of Yeocomico seems to lie between Plummer & Tapscott in my judgment. in yours it is Tapscott & Mc.kinney. let Mc.kinney be the man therefore. I should have thought of Plummer as giving more respectability to the office, & an old public servt. but only on the condition of his...
I have attended to the letter of Aaron Powers , who claims lands at St. Anthony’s falls under an Indian grant to Carver the traveller. these lands being within the former limits of Virginia, were subject to the laws of Virginia till her cession of them to the US. and then to the conditions of the cession. by the laws of Virginia Indian grants were nullities except when made to the government:...
The character given us of the person who leased the Salines was so favorable, that this being the first complaint we have had of him, I should think it best not to act on it directly ourselves. but as the distance is so great, and our means of knowing what is going on very imperfect, so that abuses might be great before we should hear of & could remedy what would you think of communicating the...
The question arising on Mr Simons’ letter of Jan. 10. is Whether sea-letters shall be given to the vessels of citizens neither born nor residing in the US? Sea-letters are the creatures of treaties. no act of the ordinary legislature requires them. the only treaties now existing with us, & calling for them are those with Holland, Spain, Prussia & France. in the two former we have stipulated...
On the question who are to pay the petty jurors in the courts of the US. in private cases? it must be admitted there is room for doubt. the act of 1792 c. 36. § 3. says ‘the compensations shall be to each grand & petit juror so much to witnesses summoned in any of the courts of the US. so much’ etc. without saying who should pay either; whether the US. should pay all the jurors & witnesses or...
I am at a loss what to do in Gantz’s case . because people are poor and have families, they must not be lawless. judge Winchester thinks the forfeiture too heavy for the offence altho it is agreed he has committed it knowingly & intentionally. in these cases it has been usual for the judge, after the party has suffered so much as he thinks proportioned to his offence, to certify it, and the...
Will you be so good as to adopt either the former or latter proposition at the Salines, as you shall think best? if you think them equally good, perhaps it will be as well to leave to Govr. Harrison the choice , as it might increase his activity and responsibility to execute his own plan. I am quite ignorant of the situation of such a claim as that of Abernethie’s inclosed. will you be kind...
Your favor of 26. March is recieved and I learn with real concern the danger that a temporary loan may be necessary, because we know how it will be perverted to throw dust in the eyes of the people. however if no other expedient can be used we must meet it—I have no expectation that Monroe will be able to get any acknolegement of boundary which we can admit. the next best measure will be to...
The following Commissions to be issued Michael Baldwin of Ohio to be Marshal Of Ohio Thomas Newton senr. of Virginia to be Collector for the port of Norfolk co. DLC : Papers of Thomas Jefferson.
I wish that when Muse was appointed to Tappahanoc we had known that Brett Randolph would accept of it. he is a very worthy & needy man, & one for whom it would be a good act to do something. Colo. Lyon’s applications have been so many & so unsuccessful that, all other qualifications being equal, I should like to prefer the person he recommends: if you know nothing against him. in that case if...
I think the instructions are perfectly just which provide that if a purchase be made of the Indians adjacent to the Connecticut reserve by the US. the public should be at the expence of surveying all the lines circumscribing their purchase. but if they make no purchase, then those for whom the survey is should pay the expence. it has been sometimes made a question whether Seller or Buyer...
I have no information of the death of judge Bruin, altho I have letters & newspapers from Natchez to Mar. 24. in some of which it would certainly have been mentioned if true. I return you the instrument for Sacket harbour approved.   with respect to Claiborne’s accounts I think his situation so totally different from that of all other governors as to justify peculiar indulgences. the office of...
In answer to your queries I would say 1. the square for the lighthouse on the Missisipi is preferable to the Octagon. in brick or stone the Octagon is strongest, but not so in wood. it is all but impossible to make an Octagon of wood, that will stand at all. 2. the building should be weather boarded; because, as mr Latrobe observes, the lift of the wind is as dangerous as it’s direct impulse,...
Will you be so good as to meet us at 10. oclock tomorrow on a short consultation on the affairs of N. York? NHi : Papers of Albert Gallatin.
Commissions to be made out Christopher Ellery of Rh odei sland to be Commissioner of loans for the state of Rhodeisland. Augustus Sacket of New York, to be Collector & Inspector of revenue for the port of Sacket harbour. Gideon D. Cobbs of Indiana to be Collector at Massac. Benjamin Sebastan of Kentucky } Comrs. for land titles in the Eastern district of Orleans John Coburn of Kentucky
Be pleased to advance to           Dollars out of the fund appropriated by the Act of Congress of last session entitled “An Act to provide for the accommodation of the President of the United States”; of which fund he is appointed Agent and is to render his accounts to the Treasury. DLC : Papers of Thomas Jefferson.
I have no information that the act dividing Orleans into counties is passed. by the papers which came yesterday it appeared to have been twice read and committed. would not the waters of the Red river form one proper district, & the residuary country another? or the waters of the Red-river & the country above & between that & the Misipi for one, and the residuary country the other? The...
I think mr Hollingsworth’s conduct has been wrong in every point with the Smiths. 1. as to the large bond, when a plaintiff accepts paiment from a def. pending a suit, and does not secure costs he loses them. should he afterwards go on to judgment, it will be against him, the paiment defeating the ground of action. it is the stronger in this case, as not only the writ had not been served, but...
Th: Jefferson asks the favor of mr Gallatin to come half an hour before dinner to-day (say at 3.) to consult on a judge for N. York vice Livingston. NHi : Papers of Albert Gallatin.
In the case of the rescue of the Felicity by Capt Newcome of the revenue cutter he certainly could not act as a revenue officer. but taking for granted the fact that the Felicity was taken within our jurisdiction, it was the duty of any citizen who had the means of vindicating our jurisdiction to do so. Capt Newcome, with the arms of the US. in his hands, for whatever other purpose they might...
the revival of antient slanders under pretext of new evidence, has induced Th:J. to do, what he never took the trouble of doing before, to revise some papers he happens to have here (for most of that date are at Monticello) and to make a statement of the transactions as they really took place, with a view that they shall be known to his friends at least. under this view he taxes mr Gallatin...
I find by the inclosed letter from Henry Sheaff, that after having been once an immense sufferer as security for Robert Morris, he is now likely to be so again as security for Peter Kuhn. a man in distress may be pardoned the error of supposing that in a public transaction he can have a resource in the private regard of a public officer. but considering him as an innocent security, for a very...
I return you Morris’s letter, claiming for Kibber paiment of the bill to be drawn on us for monies due from France to Comfort Sands a bankrupt of whom Kibber is the assignee. the government is in this case merely the channel of paiment. as it is liable to no process from a court, it is bound to do voluntary justice, & precisely as a court would direct if it had authority. the money, claimed by...
The answer to Morris is perfectly well as it leaves the case open for decision as the fact or law shall be. I have dropt a line to Sheaff to address either yourself or the Comptroller on his case.—the prospect of avoiding a loan is really most pleasing. I observe mr Livingston is arrived, and the newspapers seem to suppose the call for the French money will soon take place. you have not told...
The inclosed letter merits serious attention. notwithstanding the favorable opinion I have hitherto entertained of Symonds. when facts are specified & the persons named who can prove them, I do not see that we can avoid instituting some enquiry. tho’ the writer keeps his own name back, it is impossible but that the letter would shew there who was the writer, and he might thus be obliged to...
Your favor of the 15th. has been duly recieved. with respect to the revenue cutters to be provided, I think we require two strong ones for Charleston & New Orleans. if I recollect rightly however that now at New Orleans is of pretty good force. if so, it might not be necessary to provide another. at Charleston I leave to yourself, as a better judge, to decide what size is best for the double...
You have probably learnt through other channels that our Commissioners to Spain have terminated their mission without success in a single point. I have desired mr Madison to send you the papers, and when you shall have perused them, I will ask a communication of your general view of what is expedient for us to do. I ask the same of the other gentlemen. when I shall have recieved them it will...
Your two letters of July 30. did not come to my hands till yesterday. I have directed a commission for James Holmes as Collector of Sunbury v. Foster; but knowing so little of him I think he should be made to consider the appointment only as pro tempore.—I return you the letters of Hall & Governor Claiborne on the subject of the court room. by this time Claiborne has recieved my request of a...
I recieved last night your favor of the 17th. and have this day directed a commission for Latta as Collector of Gennissee, & will have one issued to Kittridge for Gloucester as soon as the death of his predecessor is known. I send you the inclosed merely because it is well to understand all the little hostilities existing among principals & subordinates in the different offices. a successor to...
Observing in the Salem Register recieved yesterday a mention of the death & burial of Gibaut, I have this day directed a commission for John Kitteredge according to the recommendations. Affectionate salutations NHi : Papers of Albert Gallatin.
Your letters of the 21st. & 23. were recieved yesterday. mine by the preceding post had informed you that on seeing an account of Gibaut’s death in the Salem paper I immediately ordered a commission for Kittridge. I gave notice of it to Crownenshield by the same post. I am glad it was done. for after a good candidate is known, delay only gives time to intrigue, to interest a greater number of...
Th: Jefferson returns to mr Gallatin Gurley’s letter: no further intelligence being now expected on the subject of our affairs with Spain and some measures growing out of them requiring the earliest consideration possible, he asks the favor of mr Gallatin to attend if possible a cabinet meeting at Washington on the 4th. of October at 12. oclock. he presents him affectionate salutations. NHi :...
The reasons of the bank against importing coin seem good under their views of the subject, which perhaps are not broad enough. I think Congress should renew the tender of foreign coins. but whether any alteration in the comparative value of Spanish gold should be made admits of question. I imagine Colo. Hamilton had assays made wherein he founded his rates of foreign coins. indeed I think I...
I had detained the letter of mr Merry on Foster’s claim of freedom from importing duties in expectation that mr Madison’s return would enable him, you, & myself to confer on it. if the case presses I will express my opinion on it. every person, diplomatic in his own right , is entitled to the privileges of the law of nations, in his own right. among these is the reciept of all packages,...
I send for your perusal another letter of mr Madison which I will ask the favor of you to return immediately with the one sent on Saturday & on which it is necessary to act. the war on the continent of Europe appears now so certain, and that peace is at least one year off, that we are now placed at our ease in point of time. we may make another effort for a peaceable accomodation with Spain...
I wish for an à peu prés of the number of seamen we call ours. I suppose the best way of estimating will be by our tonnage, including coasters, bay & river craft, & every thing employed on the tide waters. can you assist me with the materials for such an estimate? it is of some importance for my bill for a Naval militia, that, & the one for the land militia I will send you for consideration as...
In the case of L. H. Guerlain of New Orleans, it is undeniable that a fraud on the revenue was meditated. yet under all the circumstances of the case I am of opinion he will be sufficiently punished by forfieting the difference between his invoice & the appraisement stated to be 7548.45 D by the paiment of duties 9,500. D. and by the loss by the proceeds of sales. the chief motive which in...
The Jersey law puts the lands on Sandy hook compleatly in our power; and having paid the money, the feesimple is fixed in the US. unconditionally for ever; nor would it be in the power of the Jersey legislature to alter it were they disposed. mr Hartshorne’s conduct has been so sordid as to prove that nothing restrains him from any robbery private or public but the power of the law. he is...
Can you be so good as to let me have the financial paragraph this morning as there is not more than time enough to submit the message successively to the different gentlemen for correction & then to have copies. NHi : Papers of Albert Gallatin.
The bearer hereof is mr Thomas Walker Maury who is come on to recieve the appointment of Reciever of public monies at Fort St. Stephens. supposing it would be agreeable to you to obtain some personal knolege of a person who is to act under you, I have recommended to him to wait on you to ask any information or instructions you may be pleased to give him. altho’ he seems to have made up his...
I send you the message to ask a scrupulous revisal, and as early an one as you can, because there does not remain more than time enough to submit it successively to the other gentlemen for their corrections, to make copies &c.   on reviewing what had been prepared as to Gr. Britain & Spain, I found it too soft towards the former, compared with the latter, & that so temporate a notice of the...
1. the Concessions to Renault. as to those in the territory of Indiana, that country having been claimed by England at all times, conquered in the war of 1755. & confirmed to her in 1763. conquered by the US. & confirmed to them in 1783. and all antient titles there settled & done with by authority of the US. these claims of Renault are certainly at an end. 2. As to those in Louisiana I...
inclosed for consideration & amendment NHi : Papers of Albert Gallatin.
Inclosed is a revised edition of the Spanish resolutions, in which you will find most of your ideas conformed to. That respecting money is omitted; that it may be provided in the way you suggest.   in the Message also I have adopted all your amendments, except the last which respected merely the arrangement of the phrases, & could not be satisfactorily altered. NHi : Papers of Albert Gallatin....