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The inclosed letter from the author of the former letters, would to me be too flattering, not to be read with the greatest complacency. I forward it with pleasure to the man, who deservedly commands, the affection, and the esteem of a Dickinson. The Pamphlet, which accompanies, on the agriculture of the United States, was sent to the office by Mr Williams, at the direction of Mr King. Two...
17 April 1801, Washington. Forwards a letter addressed to the secretary of state which, when opened, was actually meant for Mrs. Madison. Asks that Mrs. Madison pardon the impropriety and assures JM he is “perfectly ignorant of the contents.” RC ( DLC ). 1 p.; docketed by JM.
I received your favor inclosing papers respecting the Bingham and Cabott cause and will pay seasonable attention to them. I expect in a few days to see the Gentlemen who have had the conducting of that cause in court with whom I wish to consult on the subject, before I form an opinion. The very severe sickness of Mrs. Lincoln’s mother, and of herself, has prevented my Journeying, and the...
16 December 1801, Washington. Transmits the secretary of the treasury’s 14 Dec. report and the proceedings of the treasury officers, in which are described the measures authorized by the board and completed since the commissioners’ report of 28 Nov. 1800. RC and enclosures ( DNA : RG 46, Reports from the Commissioners of the Sinking Fund, 7A-F7). RC 1 p.; signed by JM and the other...
29 December 1801, Washington. In reply to JM’s note [not found] enclosing Indiana territorial governor’s letter of inquiry [not found], gives opinion on 3 Mar. 1791 law confirming pre-Revolutionary land titles in Illinois country and making grants to certain settlers in the region. RC ( DNA : RG 60, Letters from and Opinions of Attorneys General). 6 pp.; docketed by Wagner. Printed in Benjamin...
21 January 1802, Washington. Received on 20 Jan. JM’s letter [not found] enclosing that of 16 Jan. from William Bingham’s agent [Charles Willing Hare], who had already sent him a similar letter and printed statement of the case. Gives brief history of most recent trial in Cabot et al. v. Bingham lawsuit in which plaintiffs were awarded $34,630.25. Believes that Bingham’s incorrect statements...
11 March 1802, Washington. Relates circumstances of the case of the vessel Mercator , “alledged to be Danish property, and for the capture of which a claim is now made on the United States.” The Mercator was seized off Saint-Domingue by the American schooner Experiment on 14 May 1800; six hours later, while sailing under the American flag, it was seized by the British armed ship General Simcoe...
26 March 1802, Washington. “In answer to your communications, as contained in the letter of the attorney Genl. of the Mississippi territory, enclosed by Governor Claiborne respecting claims to vacant lands in that territory, I can state little more than general principles, and a loose opinion on the described cases.… Nothing can be clearer, than that all grants, made by the Spanish Government...
I have the honor to enclose to you the communications which I recd., yesterday, from the Spanish minister, together with my ideas on the Subject. I can find no provision, in the Constitution, in any law of the United States, or in the treaty with Spain, which reaches the case—I have examined them particularly. The communication states a transaction, involving a highhanded breach of the peace,...
The authority given, by law to grant patents is unquestionably confined to the citizens of the U. S. The priviledge is a monopoly, in derogation of common right, and as it is not, ought not to be, extended, to foreigners. Was it to be, it would be subject to endless abuses, privations and embarrasments to our citizens. I have no doubt on the Question. With sincere friendship your Humble Sevt....
26 May 1802, Washington. Gives opinion on the case of a Portuguese brig “which you did me the honor of submitting to my consideration.” On 28 July 1800 the brig was recaptured by Captain Rodgers of the ship Maryland after having been captured thirteen days earlier by a private armed schooner from Bordeaux. Rodgers arrived at St. Kitts on 20 Aug. with the brig. The admiralty court there refused...
The Secretary of the Treasury reported to the Board, that provision has already been made to meet nearly all the demands which will become due in Holland, during the course of the present year, but, that it is necessary to make immediate provision for the payments on account of principal & Interest which fall due there, during the first five months of the year 1803, and amounting to Four...
I have the honor, in compliance with your request, to submit to your consideration, my ideas respecting the case of the schooner Peggy. This vessel, if the information I have been able to collect, abroad, is correct, for it does not appear from the papers I am furnished with, was captured in the neig[h]bourhood of a west India Island, and so near the shore, and so destitute of arms, as to...
Since I forwarded you the papers respecting the schooner Peggy, Mr Pichon has furnished me with the opinion of the supreme Court, on which, their decree was founded, and which, connects their decision with the treaty. Had I have seen this opinion before, I should [have] given my own, in defference to it, with less confidence, but still differing from it. Our convictions depend on the views, we...
I have the honor to submit to your consideration my Ideas, generally, on the questions which arise, in the case of the Brig Los Amigos, without being able finally, to form an opinion, satisfactory to myself, on all of them. It appears from the papers, that this Brig was owned by a Spanish subject, and in the prosecution of a voyage, from Jamaica to Cabello, was captured by Capt Maly of the...
I have the honor to forward a letter recd by the last mail from the District attorney of Vermont respecting the strange affair referred to in the accompanying papers which you some time since enclosed to me. I am Sir most respectfully yours RC and enclosure ( DNA : RG 59, LOAG ). RC docketed by Brent. For the enclosed letter from David Fay to Lincoln, 29 June 1802 (3 pp.; docketed by Brent),...
29 October 1802, Worcester. Has considered the case of Captain Clifton, on which JM asked his opinion. “It is believed no law recognized by nations, enacted, or adopted by the U States is particularly applicable to this case, or will render it proper for the US to interpose. I doubt very much the authority of the general Govt to take, forcibly detain in custody, and bring to this country from...
Mr. John Waldo, letters from whom I have heretofore handed you soliciting for a Consulship, is now in this town. It is in compliance with his request that I do myself the honor to state to you his continued wishes on this subject. He says Mr Livingston has written you in his behalf. He has letters with him, from Barlow, Sumpter & others, which Speak very handsomely of him. He means to wait on...
5 January 1803, Washington. Acknowledges JM’s 4 Jan. note with the enclosures. “Wm. Holliday devises to his son Robert, ’ 1,000 acres of back lands situate about six miles distant Kentucky river, in the North western territory , being so much of a survey of 1,500 acres of soldier’s right surveyed by John Machir on my account .[’]” Nathaniel Massie previously had surveyed for William Holliday...
10 February 1803, Washington. After examining the case JM forwarded on 9 Feb. respecting the Heinrick [ Hendrick ], he judges many of the matters complained of are “mere circumstantial errors” or such as would have been corrected had the claimants pursued the proper remedy by appeal. “However sudden, irregular, and hard on the party, the process & the judgement, may have been, it must be...
28 February 1803, Washington. Has examined Daniel Clark’s will and the accompanying papers received 27 Feb. “The Testator’s closing dispositions of property, are to me, as unintelligible and mysterious, as are his religious ones in the begining of his will.” The will charges the estate with paying debts and legacies, appoints executors, and creates “a trust for the sale of the estate, coupled...
14 March 1803, Washington. Responds to questions contained in a letter from Governor Harrison to JM which he received from the president. Finds it difficult to understand why Harrison doubts that Detroit was considered outside the limits of the Northwest Territory while it was in British possession. The resolve of 20 June 1788 confirms titles and possession of the described lands to...
18 March 1803, Washington. Returns Bingham’s letters respecting his action with Cabot and others, as they are little more than repetitions of former statements, and makes the following observations, similar to those made in an earlier letter, of which he kept no copy. Bingham, who considers his demand against the U.S. as warranted by law, should certainly have the benefit of any resolve passed...
Absence from Worcester prevented my reception of yours of the 1st. Inst. for some time after its arrival, and a subsequent distressing sickness in my family which has deprived me of one child & had rendered others the subjects of but a feeble hope for several days delayed me in procuring the law referred to, and considering its provisions untill the present time. I hope no inconvenience has...
In despair of being able to form a decided opinion or one perfectly satisfactory to myself, from the facts or principles of which I am possessed, respecting the submitted question, I can only state the course and result of certain reflections on the subject. The several articles of the convention obviously designed to designate the same demands, as those which the U. States are held to...
I had the honor of receiving yours, inclosing Mr Merry’s as his Britanic majesty’s minister to the United States. Its contents lead to a consideration of the immunities of public ministers, in relation to exemptions and protections, of their dwellings their domestics, servants, and labourers , in some new views of those subjects, and beyond any cases, which from my means of information, I can...
Letter not found. 27 May 1804, Washington. Described as a one-page autograph letter signed of about fifty-five words in the American Art Association Anderson Galleries Catalogue No. 4143 (1935), item 286.
In examining the submitted case of Charles Massey & others assignees of Ambrose Vasse, the result is less satisfactory than I had expected. Assignees unlike executors, Administrators or partners in business, do not appear generally to possess a joint and several power of receiving and discharging the debts due from the debtors of the Bankrupt. Nor do they appear to be considered, in law, as...
As the office which I have been honored with under the General Govt. will become vacant on the commencement of a new year, should there be any thing in your department requiring the immediate attention of an Atty Genl. I would with pleasure give it that attention. Possibly there may be a convenience in having two or three blank patents signed whose dates may be accommodated to circumstances....
I have the honor to submit to your consideration a summary result of my examination of the 3d Sec. of the law of Feby 28. 1803, respecting the three months pay of discharged seamen in a foreign country, which you requested. This Sec., in substance, requires, of the master of a vessel belonging to a citizen of the U S, on a sale of such vessel and a discharge of her company, in a foreign...