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I think that none of the circumstances preceding the passage of the Embargo law stated by M. Lorent, make any part of his case. the misfortunes entering into the preceding history of that property, not flowing from any act of this government, authorize no claims on it. the embargo law excepted from it’s own operation articles then laden on board a foreign ship, without distinguishing between...
Is the case proposed by mr Wolcott left by the law at the discretion of anybody? the law makes it the duty of the Collector to detain if he suspects an intention to export to a foreign market, à fortiori if that intention be avowed . it is true that the first step proposed is only to go to another district, but declared to be preparatory to an exportation to the West Indies. it is true also...
The case of the Martinique petitioners. I think it wrong to detain foreigners caught here by the embargo. but in permitting them to take our vessels to return in, we do what is a matter of favor, not of right. of course we can restrict them to a tonnage proportioned to their numbers. in the transport service I believe the allowance is 2. tons to every person. we may allow a little more room....
In the case of the Schooner Anne carried off forcibly by a British crew, I think the removal of the Inspector should be permitted to take place. the Collector should be instructed to communicate from time to time all circumstances which may enable us to trace the vessel, and copies of these papers should be furnished to mr Madison to furnish him the grounds of an answer to the British...
I intended to have sent the former papers respecting Gibbs, Chingoteague & the Folly landing to mr Smith for perusal; but without thought at the moment I returned them to you. if you will let me have them again I will get him to peruse them & confer about them. if the embargo is to be continued I am persuaded we must enlarge his number of seamen & employ more gunboats. NHi : Papers of Albert...
The accounts of the reciepts and expenditures during the year ending on the 30th. day of Sep. last, being not yet made up, a correct statement will here after be transmitted from the treasury. in the mean time it is ascertained that the reciepts have amounted to 17,950,000 near 18. millions of Dollars, which with the eight millions & an half in the treasury at the beginning of the year, have...
I inclose you the financial paragraph with your amendments. I shall insert one on the militia, but doubt whether I can say any thing about the deficiency of the revenue if the embargo is continued, having declined expressing any opinion on it’s continuance. the whole of the paragraphs respecting our foreign affairs will be to be remodelled in consequence of the return of the Hope. the...
A press of business has prevented my sooner taking up the 3. bundles of papers now returned, and even now, I judge of them from the Brief you have been so good as to make so fully. this is an immense relief to me. 1. the Wabash Saline. I think the applications from Nashville Etc. for a share of the salt had better not be complied with. I suspect we did wrong in yielding a similar privilege to...
1. the ship Aurora, Capt. Rand. provisions, lumber, & naval stores being the articles on which we rely most for effect during our embargo, Rand’s loading, as to the great mass of it’s articles, seems not to render his case suspicious. keeping therefore the articles of provisions lumber & naval stores within their regular limits, I see no objection to a permit in the character of his cargo: and...
1. Can we do better as to Nantucket than to send Coffin’s letter to Govr. Lincoln? he is better qualified than we are to judge of their wants & their real views. their proposition to give a carte blanche to all their coasters, besides being suspicious, might be an invidious distinction to which I do not know whether their general character entitles them. if you can suggest any thing better I...
I am really at a loss what to do in the inclosed case. the President as trustee for the city by it’s constitution, is nominally the plaintiff. but the US. as creditors to more than the whole amount of the proceeds of the sale, being really the Castui que trust, I believe it will be more correct for the trustee to abandon the management of the case to the creditor. if so, it will fall under...
I am quite at a loss what to propose in the case of Astor, and also of Nantucket. the difficulty in the last case is that of getting ourselves entangled with selectmen. I would be glad to confer with you on these subjects when it may be convenient to yourself having been confined myself for some days by a swelled face & indisposition connected with it Affectte. salutns NHi : Papers of Albert...
1. the Comet & D.W. Coxe. I see in those papers no evidence but the letters of James Dixey & the protest of James Dixey; to which may be added the survey of a man chosen by himself to examine and report the state of the vessel. with such a surveyor no doubt every port in the W. Indies is prepared to assist the smugglers. Dixey himself being the principal Culprit, his evidence is null. on the...
1. Schooner Concord in which John Bell has an agency. the detention is confirmed for that cause 2. Sloop Rising Sun; unless she has a Governor’s certificate, or can bring herself within the rule of ⅛ th. she should be detained. 3. Brig Ann-Maria and passengers, who pray to change their destination from the islands now blockaded to St. Lucia or Dominica in possession of the English. this being...
1. D.W. Coxe & the ship Comet. the application to send another vessel to the Havanna to bring home the proceeds of the cargo of the Comet, charged with a breach of embargo must be rejected for 3. reasons each insuperable. 1. the property was not shipped from the US. prior to Dec. 22. 1807. and therefore is not within the description of cases in which a permission by the Executive is authorised...
The idea of regulating the coasting trade (to N. Orleans for instance) by the quantity of tonnage sufficient for each port, is new to me, & presents difficulties through which I cannot see my way. to determine how much tonnage will suffice for the coasting trade of Boston, N. York, Philadelphia & the other ports great & small, and to divide this tonnage impartially among the competitors of...
Mr. Harrison will continue in office till the 3d. of March. I send you tit for tat, one lady application for another. however our feelings are to be perpetually harrowed by these sollicitations, our course is plain, & inflexible to right or left. but for god’s sake get us relieved from this horrible drudgery of refusal. Affectionate salutations. to be returned NHi : Papers of Albert Gallatin.
I find that the correspondence on the subject of Tureau’s Permits was between mr Madison & myself, my letter of Aug. 19. to you being the only one in which it is mentioned.   in those of Aug. 12. 16. 19. & Sep. 13. to mr Madison, I find the idea of his purchasing a vessel & filling her with French seamen, constantly rejected, as inconsistent with neutrality, and that the vessels to be allowed...
Th: Jefferson returns the inclosed report to mr Gallatin with his entire approbation & affectionate salutations. P.S. on reconsideration. the use of the words ‘temporary’ & ‘permanent’ in the 6th. page applied to the embargo, may give countenance to the federal charge & clamour, as if we had really contemplated it as a permanent measure: and altho’ the idea as here explained, is just, yet they...
I return you the papers in the case of the schooners Natalie & Atalante, and think there should not be a moment lost in giving permission to the latter to depart. I think 2 ½ tons to every person not too much, nor would I object to the additional 5 barrels of flour & meat above the usual allowance, as some satisfaction for the injurious suspicions & search to which they have been subjected and...
The case of the schooner Concord, sold by J. Bell of Petersburg, to M. W. Hancock of Richmond. I think it may be concluded from the letters of Hancock & of the Collector, that the purchase of the schooner has been a bona fide one; but it is not even alledged that he has purchased the cargo, but it appears on the contrary that Bell has the same concern in that as before. as, where a person has...
The answer to the petition of Percival & others praying that they may be permitted to send a vessel or vessels to take up their men from the desolate islands of the Indian ocean & thence to proceed on a trading voyage to Canton &c cannot but be a thing of course, that days having been publicly announced after which no permissions to send vessels to bring home property would be granted, which...
The cargo, ostensible destination, ownership & other circumstances respecting the ship Lorenzo of New York, leave not a doubt but that fraud is intended. let her therefore be detained. As the law for laying permanent protecting duties will pass through your hands, I take the liberty of depositing with you the inclosed letter from mr Strong of Philadelphia, giving an account, & a specimen of...
The inclosed petition from Deville was handed me by Genl. Turreau. I told him at once it was inadmissible, that days had been long ago announced after which no vessels would be permitted to depart; that in favor of emigrants we had continued indulgences till very lately; but that as there must be an end to it, that time had come and we had determined to give no more permissions. they had had a...
I inclose you the petition of Jacob Smith of Newport in the case of the ship Triumph, which is a new case to me. perhaps the practice as to foreign ships arriving since the embargo laws, with which I am unacquainted, may facilitate the solution. what should be done? The Atalanta. is not the Collector the person who is to search into the fact charged? I do not know who it is that does this in...
I do not recollect the instructions to Govr. Lewis respecting squatters. but if he had any they were unquestionably to prohibit them rigorously. I have no doubt, if he had not written instructions, that he was verbally so instructed. Carr’s story has very much the air of an idle rumor, willingly listened to. it shews some germ of discontent existing. I think Cochran should immediately dismiss...
will you examine the inclosed and make any alterations you think adviseable? it is written, as in my own name, but will be changed into the 3d. person & go from the department. I think it need go only to the Governors there mentioned. not a symptom of force has appeared any where else as far as I have heard. Affectte. salutns. NHi : Papers of Albert Gallatin.
The removal of Williams is approved. has not Gelston been deficient in not giving notice of transactions under his eye, altho’ not within his district? I send you a projet of T. Coxe. I really believe that such an office would at this time be useful, & that he would execute the duties well, to collect even the existing state of manufactures in every state, would enable the legislatures of the...
Walden’s petition to carry 30. new negroes from Charleston to N. Orleans, may I think be granted; and if their real destination be a foreign port, so much the better. What do you think of Gelston’s proposition to consider all shipments from the town of Jersey as suspicious, for a while? If the French privateer La Fortune should be found to have the money on board, she will be detained &...
These recommenders are such good men that I think it will be best to make the nomination at once if the Senators & delegates know nothing to the contrary. will you be so good as to consult them? NHi : Papers of Albert Gallatin.