George Washington Papers
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To George Washington from Oliver Wolcott, Jr., 28 June 1796

From Oliver Wolcott, Jr.

Treasury Department June 28th 1796.

sir,

I have the honour to acknowledge your Letter of the 24th Instant.1 the Commissions for the offices in the Revenue Department & the Marshal will be made out as directed. No inconvenience will attend a short delay in filling the vacancy in the office of District Attorney, as Mr Otis will attend to whatever is urgent. On this last point I shall consult the Secretary of State.

A novel & very perplexing question has arisen in respect to the Act of Congress of the last Session for the relief and protection of american seamen. It seems that an entire section of the bill as it passed the House of Representatives, has been omitted in the Act, although the Act has still a reference to what was struck out. by this defect the fourth section of the existing Law is deemed incapable of being executed.2 After much consideration & different views of the subject, & pursuant to the advice & opinion of Council, the Secretary of State, the Secretary of War & myself have thought that the object of the Law can be properly attained by the interposition of the Executive. The form of an Act which is proposed to be sent to the Collectors of the Customs has been therefore prepared & is herewith submitted to the President’s decision. That the President may judge of the difficulty which exists, copies of the Act & of the bill of the House, with Messrs Rawle’s & Lewis’s opinions will be herewith enclosed.3

I hope to be able by the next post to write to the President on the points which remain unanswered.4 With perfect deference & attachment I have the honor to be &c.

Olivr Wolcott Jr

LB, DLC:GW; ADfS, CtHi: Oliver Wolcott, Jr., Papers.

1Wolcott is referring to GW’s first letter to him of 24 June, found at Wolcott to GW, 20 June, n.12.

2The fourth section of the named act directed that each collector “keep a book or books, in which, at the request of any seaman, being a citizen of the United States of America, and producing proof of his citizenship, authenticated in the manner hereinafter directed, he shall enter the name of such seaman, and shall deliver to him a certificate.” The act failed to specify the manner of authentication (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 477–78).

3The enclosures have not been identified. William Rawle, U.S. district attorney for Pennsylvania, and Philadelphia attorney William Lewis provided the opinions (see Charles Lee to GW, 4 July).

4GW replied to Wolcott on 4 July, enclosed with GW’s letter to Wolcott of 6 July.

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