Thomas Jefferson Papers
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From Thomas Jefferson to Albert Gallatin, 6 October 1802

To Albert Gallatin

Oct. 6. 1802.

Th:J. to mr Gallatin

The inclosed is entirely approved. I recollect one other pardon; to Brown, who was in jail in Boston for a seditious writing under the sedition law. he had long since suffered the term of imprisonment sentenced, and had remained many months over from inability to pay his fine, petitioning mr Adams repeatedly for a discharge, on the ground that he had nothing, & must suffer perpetual imprisonment if he could not be discharged till he should pay the fine. I do not recollect any other pardon; tho’ there may have been. this can only be known in the Secretary of State’s office.

Th:J. asks the favor of mr Gallatin to peruse the inclosed letters from mr D’Oyley & return them. too1 he reincloses some formerly recieved from mr Gallatin.

RC (NHi: Gallatin Papers); addressed: “The Secretary of the Treasury”; endorsed. Enclosures: (1) perhaps Daniel D’Oyley to Gallatin, 17 June 1801, requesting information on the laws, constitution, and internal regulations of the Bank of Pennsylvania that would be of use in establishing a bank at Charleston, in which the state had an interest (Gallatin, Papers description begins Carl E. Prince and Helene E. Fineman, eds., The Papers of Albert Gallatin, microfilm edition in 46 reels, Philadelphia, 1969, and Supplement, Barbara B. Oberg, ed., reels 47–51, Wilmington, Del., 1985 description ends , 5:199). (2) D’Oyley to Gallatin, 29 July 1801 (see Enclosure No. 2, listed at Gallatin to TJ, 17 Aug. 1801). (3) D’Oyley to Gallatin, Charleston, 5 Sep. 1801, describing the intrigues of the Federalists and divisions within the Republican party that led multiple candidates to seek the U.S. Senate seat vacated by Charles Pinckney; noting that Thomas Sumter, Sr., had indicated that “no pains should be taken” to procure the seat for him, but if the governor saw fit to appoint him he would accept it; describing his efforts to influence Governor John Drayton to nominate Sumter, D’Oyley contends that while the governor was elected by the Republicans and pays some attention to their interests, “his connections by marriage & by blood” are with the opposition; suggesting that if Judge Aedanus Burke, who was dividing the Republican vote, were appointed U.S. district attorney in place of Thomas Parker, he would withdraw from the race and the Republicans would unite around a single candidate (RC in DNA: RG 59, LAR, endorsed by TJ: “Doyley Danl. to mr Gallatin”; Vol. 34:157n; Vol. 35:41–2, 101–2n; Vol. 36:262n). (4) D’Oyley to Gallatin, Charleston, 24 May 1802, describing the low morale of Republicans in South Carolina after receiving no support from Washington for their political sacrifices; the political conciliation experiment has failed; Republicans are not motivated and believe that in the next congressional election “no struggle they can make under existing circumstances” will allow them to prevail (Gallatin, Papers description begins Carl E. Prince and Helene E. Fineman, eds., The Papers of Albert Gallatin, microfilm edition in 46 reels, Philadelphia, 1969, and Supplement, Barbara B. Oberg, ed., reels 47–51, Wilmington, Del., 1985 description ends , 7:161–2). (5) Perhaps D’Oyley to Gallatin, Charleston, 22 June 1802, informing the Treasury secretary of the intentions of the U.S. Circuit Court judges to meet at Philadelphia on 17 July to prepare for bringing the question of the constitutionality of the repeal of the Judiciary Act of 1801 before the U.S. Supreme Court; D’Oyley fears the consequences and hopes the plan can be “arrested before it is matured” (same, 7:253). (6) D’Oyley to TJ, 24 July 1802. Other letters not found.

INCLOSED IS ENTIRELY APPROVED: see Gallatin to TJ, 5 Oct. (fourth letter). TJ signed David Brown’s PARDON on 12 Mch. 1801 (see Vol. 33:251–2). For the president’s interest in all of those prosecuted under the Sedition Act, see Vol. 36:258–60.

1MS: “to.”

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