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Memoranda Neither of the two cases is cognizable in the U.S. criminaliter ; because they arose within the local jurisdictions of Florida and St. Domingo. Generally speaking; Incendiaries, poisoners, and other very high offenders may be demanded by the sovereign, from whose territory they fled; and ought to be delivered up; according to the law of nations. But no power exists in the U.S.; by...
The letter and proclamation of the governor of North Carolina seem to afford a proper ground for the belief, that future intrusions on the lands of the U.S. need not be apprehended. Concerning these therefore nothing is necessary on my part. I do not find any difficulty in saying, that as to those, which have already taken place, the right of the U.S. is complete, to institute prosecutions....
Presuming, that No law, subsequent to my departure from Virginia, has changed the modes of practice, which prevailed during my familiarity with them, I proceed to answer the queries. 1. If A’s judgment stands, and B. goes to a new trial, A cannot repeat any offset or plea, which was used in his, (A’s) suit on the former occasion. Errors of the jury or omissions of the party will not be...
The attorney-general of the United States has the honor of replying to the communication of the Secretary of State, on the 28th. Ultimo, concerning the proceedings of Captain Hickman, in bringing away from Martinique certain slaves, the property of residents there. Judging from the documents, which have been forwarded to him, the Attorney-general would not hesitate to pronounce, that a theft...
On revolving the subjects, with which I am officially connected, I discover none, deserving the notice of congress, except those, which are comprehended in the necessity of reforming our judicial system. The detail of them would be almost infinite; and certainly too minute for a communication from the executive: Nor can the congress forget the admonitions, which they have already received on...
On my return home, I found your letter of the 6th. instant. My answer is short; being no more, than this, that there is not a single fee or emolument incident to my office; that I have paid the expences without taking any account, as I expected no retribution; and that my salary is 1900 dollars per annum. I have the honor, sir, to be   with respect   Yr. mo. ob. serv. ALS , RG 46, Second...
When I had the honor of receiving your favor of the third instant, I was too much indisposed by a fever to answer it by the return of the mail. The movements, said to be meditated at the next session of the Virginia assembly, are the disfranchisement of the excise-officers, by taking from them the right of suffrage, and also the establishment of a state-bank, in opposition to the Branch Bank....
Persuaded as I am, that the last effort for the happiness of the United States must perish with the loss of the present Government, and that to be unable to execute laws because a few individuals are resolved to obstruct their operation is nothing less, than a surrender of it, I went into the consideration of the carolina and pittsburg papers with a determination to spare no pains to ascertain...
Mr Bordley, who wrote the inclosed pamphlet, thought it too unimportant to present it to you with form. He therefore requested me, if an opportunity offered, to send it to Mount Vernon. Since I had the honor of writing to you last, nothing has occurred, worthy of a special mention. The arrivals from Europe have brought nothing; and no incidents in the political line attract any notice, except...
Mr. Wilson, after a consultation with his brethren, has allowed Pagan’s writ of error . No security is required, as he is in custody. His counsel and attorney are informed of this, and will, I presume, proceed without delay. I wrote to Mr. Madison , on the subject of the attack in Fenno’s paper, signed an American; expecting, that he would communicate the part of my letter at least to you. On...
Letter not found: from Edmund Randolph, 13 Aug. 1792. On 26 Aug., GW wrote Randolph “to acknowledge the receipt of your favors of the 5th & 13th instt.”
I was engaged during the whole of the last week in the supreme court of the U. S. Our business was rather preparatory to some great discussions at the succeeding term, than decisive of any question. The amenability of a state is fixed for debate on the first monday in february. The state of Georgia applied for an injunction to stop in the marshal’s hands a sum of money, which had been...
The inclosed letter has been delayed, longer than I intended. But whenever I have sat down to finish it, I have been unexpectedly interrupted. I trust, however, that it will reach you, before you shall have taken your definitive resolution. I have seen Fraunces thrice at the house; and he has informed me each time, that every thing was right. Parties run high here in the choice of electors and...
I have persuaded myself, that this letter, tho’ unconnected with any official relation, and upon a subject, to the decision of which you alone are competent, will be received in the spirit, with which it is written. The Union, for the sake of which I have encountered various embarrassments, not wholly unknown to you, and sacrificed some opinions, which, but for its jeopardy, I should never...
The answer of the attorney general of the United States to the question propounded to him by the Secretary of State on the following case. By the constitution, the President shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors, &c, and all other officers of the United States whose appointments are not therein otherwise provided, and which shall be...
Does not Marius on bills of exchange (p. 29) give satisfaction as to your bill; which I understand to have been drawn, payable to you or order, and similarly indorsed by you? Until my papers arrive from New-York, I cannot be more decisive in Leigh vs. West , than I have been. However, if Mr. John Brown, the clerk of the general court, will look into the order books during May’s and Pendleton’s...
Judge Wilson, to whom application was made for a citation in the writ of error, desired in Pagan’s case , has taken the subject into consideration again, at my instance. Not more than one half of the record was laid before him; and the portion, which he did not see, was the most important; as alone containing the matter, upon which a writ of error could be pressed. I cannot say, what may be...
In answer to your communication of yesterday, on the case of Col. Heth the Collector of Bermuda Hundred, I have the honor to inform you, that his enquiries demand different solutions. The contract, made before the passing of the law, to which he alludes, may be consummated on the 2nd day of January next without impropriety. For the restriction on Collectors, on the disposal of public...
This morning I had the honor of receiving the letter of Mr. Van Berckel , with its inclosures addressed to you, complaining of the arrest of one of his servants. The law of nations, tho’ not specially adapted by the constitution, or any municipal act, is essentially a part of the law of the land. Its obligation commences and runs with the existence of a nation, subject to modifications on some...
I understand from your communication of the 2d instant, that you do not wish my opinion upon any other point, than that which seems to have produced a schism between the Gentlemen of the NewYork and Virginia bar. The former are interpreted to declare, that sixty Cents and no more are demandable by the Collectors for every entry of an inward Cargo directed to be made in conformity with the...
In our conversation Yesterday we reduced the substance of your favor of the 7 Instant to this question: Whether you ought, under any modification, to suspend the payment of Interest to a State, which is intitled under the 17th. section of the act “making provision for the debt of the United states,” to receive interest to the amount of the nonsubscribed deficiency; In trust for the...
I yesterday received a letter from my mother, painting an embarrassment in one of my father’s pecuniary affairs. The seriousness of its aspect has led me to asert myself for her relief. But until the first of July, I absolutely shall be unable; and her situation admits no delay. Excuse me then for begging your aid, until that day, as far as seven hundred dollars. I am to remit three hundred...
A cursory reading suggests for consideration the following hints. The above observations are too much hurried, to have any thing deserving reliance. MS ( DLC : TJ Papers, 98: 16775); in Randolph’s hand, with check marks and page references added by TJ; undated; endorsed by TJ: “E. Randolph’s notes.” This document, consisting of the Attorney General’s comments on TJ’s draft of his 29 May 1792...
Both Mr Blair and Mr Wilson are now at Trenton. I have never heard Mr Blair say a syllable upon the subject of the representation bill. Some days ago I met Mr Wilson in Sixth Street, and he stopped to ask me, whether Mr Blair had communicated to me an idea, which both of them entertained on a late law of the present session, requiring the judges of the circuit courts to hear applications of...
The attorney general of the U.S. has the honor of reporting to the President of the U.S., on the representation-bill, as follows: The points, which involve the question of constitutionality, are three: The bill does not announce in terms the principle of proceeding, either in the establishment of the total number of 120, or its apportionment among the states. Some principle, however, it must...
I have the honor to inclose to you an act of the board of trustees; and am, sir, with very great esteem and respect, y r . mo[st]. ob[edient] ser v . At a meeting of the trustees of the sinking fund on the 26 th . day of march 1792— Present the Vice President, secretary of state, secretary of the treasury, and attorney-general of the United States. This board, having been equally divided at...
The four trustees of the sinking fund, who are here, having been divided on two occasions, very interesting to the United States, I am instructed to request your attendance, as soon as it may be convenient to you. They are aware, how much their desire to see you here may interfere with your arrangements for the ensuing circuit; but in truth they cannot justify themselves in forbearing to...
The existence of the bill is, I believe, unquestionable. I remember to have heard my uncle speak of Mr. Montagu ’s communication . But I possess no copy, nor can I direct you to any place, where you can obtain it. Mr. Remsen some time ago sent a box, which for months past has been supposed to contain my papers. When I opened it, starch, instead of papers, was found to be the contents. I shall...
Letter not found: from Edmund Randolph, 28 Feb. 1792. On 2 Mar. Tobias Lear wrote Randolph “that the President received the Attorney General’s letter of the 28th of february.” By the president’s command Tobias Lear wrote Edmund Randolph that GW was “of opinion that it would be inexpedient for a pardon to issue for a person against whom an indictment is depending for false swearing. The...
Philadelphia, 22 Feb. 1792. “The visit of respect, which is due to-day, it was my most earnest intention to have paid. For I connect with it a personal attachment, not dependent on any official relation. But I am unfortunately deprived of this gratification by the continuance of the disorder, which I mentioned to you in my note of yesterday. Permit me, therefore, to request you to communicate...