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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...
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...
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...
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...
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...
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...
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....
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...
Will you be so good as to tell me what answer to give to the interrogatory in the last sentence of this letter? [ Reply by Randolph: ] I do not see any absolute, or indeed probably necessity for the ancient treaties. But I am not certain, that it may not be satisfactory to have those, made with the state governments; since some of the commissioners are new in this kind of business; and might...
My communications to you in the case of Pagan against Hooper, combined with the facts, which have since occurred, will support me in saying, that as the law-officer of the United States, I have contributed every thing in my power to the relief of Pagan. You will recollect, that counsel was employed by him to move for a writ of error: that the first application was refused: that upon...
Would it be amiss to anticipate a suspicion, that the paper, mentioned in the 6th. line, was prepared and reserved for a fit opportunity of disgust? Suppose it to be designated, as an official paper? That the two loans were not consolidated by your opinion does not sufficiently appear. I understand the fact to be, that this was fixed, without calling in your judgment. If the two loans had not...
You will perceive from the two letters marked A and B, of which I enclose copies, that the subject of Mr. Pagan has been for some time in my view. The former of those letters being intended for you, and containing a summary of facts; I determined to shew it to Mr. Tilghman, who was Pagan’s Counsel, before it was sent to you, in order that he might correct any mistatement. This produced the...
To instruct Governor St. Clair 1. To transmit to Judge Turner any authentic intelligence, which he may have received, concerning the complaints of the people against his absence: 2. Or, if no such intelligence be possessed, to represent to Judge Turner, without undertaking to order in any manner, the inconvenience in a judicial view, which the Territory sustains by his absence: and 3. To...
There is, without doubt, a protection due to foreign built vessels, owned by American citizens ; altho’ they cannot claim the privileges, belonging to Vessels of the U.S. For the former are no less neutral property, than the latter. The usual evidence of the neutral ownership of vessels is a certificate from the officers of the customs; who may and in the papers, granted on clearing out,...
I cannot suffer my engagements in business, to interfere with a reply to the observations, with which you favored me, on the proposed letter to the collectors. For while I shall support, within my limited sphere, every just energy of government; I am solicitous, that my friends should ever believe, that I do support it, because it contributes to the essence of republicanism, and our fœderal...
A Perhaps the Secretary of State, revising the expression of this member of the sentence, will find terms to express his idea still more clearly and may avoid the use of a word of doubtful propriety “Contraventions” B “but be attentive” C “mere” to be omitted D Considering that this Letter will probably become a matter of publicity to the world is it necessary to be so strong? Would not the...
The attorney general of the U.S. has the honor of submitting to the secretary of state his opinion concerning the seizure of the ship Grange. The essential facts are, that the river Delaware takes its rise within the limits of the U.S: that in the whole of its descent to the Atlantic ocean, it is covered on each side by the territory of the U.S: that from tide water to the distance of about...
The 14th. article of our treaty with France has shut out all general reasoning from the law of nations, on the memorial of Benjamin Holland and Peter Mackie. The flour and meal were actually shipped after the declaration of war, made by France on the 1st. of february 1793. If the inquiry was to depend on their knowledge of the declaration, their relief would be very doubtful at least. But as...
Minutes of reasons, which operated with E. R. in advising the expulsion of the Genet privateer. 1. That it is the prerogative of every nation to prohibit acts of sovereignty to be done within its limits by another nation, except where treaties otherwise provide, or those acts relate to the privileges of ministers. 2. That it is the peculiar prerogative of every neutral nation, to prohibit such...
The Attorney general of the United States has the honor of submitting to the Secretary of State the following Opinion on the Case of Gideon Henfield, as represented by the Minister of France . 1. It may well be doubted, how far the Minister of France has a right to interfere. Henfield is a citizen of the United States; and it is unusual at least, that a foreign Power should interfere in a...
The return of Warder’s bills under protest has embarrassed me so much, as to make me request the favor of your name to the inclosed. You shall hear no more of it. [ Note by TJ: ] In consequence of the above I endorsed E.R’s note for 1000 D. payable at 60. days sight. RC ( MHi ); with TJ’s note subjoined; addressed: “Mr. Jefferson”; endorsed by TJ as received 30 May 1793. Enclosure not found.
The requisition of departure is, in my judgment, expressed in the most accurate and satisfactory manner possible. It gives me real pleasure to find the strong measure capable of such a softening of feature, while it retains full nerve. Were I to speak for myself, as an individual, I should assent with equal cordiality to the last clause. But I can’t help believing, that it would accord better...
Mr. J. rightly supposed, that the approbation of E.R. was by mistake written upon the answer to the letter of the 22d. of June , instead of that of July . The latter is the only one, which attracted my particular attention; as the other seemed to be a subject of future deliberation. The propriety of the addition intended to accommodate Genl. K. depends upon the measures to be pursued in regard...
We have been at cross purposes about the inclosed letter of July 24. 1793. in answer to Mr. Genets of the 9th. I am much mistaken, if my note intimated a doubt of its propriety. I certainly always approved it. My remarks as to delay were applicable to the answer to the inflammatory memorial ; to which General Knox suggested an addition. Is that some word omitted in the first sentence of the...
I can never believe, that the impeachment of Mr. G. should be drawn from any other sources, than his written and verbal communications with you. That he is the president of a particular society; that his secretary may have written inflammatory queries , &c may be reasons, privately operating to the demand of his recal, I shall not absolutely deny; because foreign ministers may give causes of...
A Man has 3500 £ P.C. to pay in instalments of 500£ each beginning 1. Oct: 1795, and continuing for six years without interest. What sum in hand is equal? RC ( DLC : TJ Papers, 93: 16019); unsigned, undated, and unaddressed note written on a small scrap; date conjectured from endorsement inadvertently inscribed by TJ on his reply. P.C. : Pennsylvania currency.
The interruption, which the contagious disorder now prevailing in Philadelphia, has given to my residence there, is the cause of the delay, which has occurred in my examination of Mr. Hammonds last memorial on Pagan’s case. I beg leave to refer you to my former communications on this head; that I may not repeat them here unnecessarily. It is true, that I considered an application to the...
The attorney-general of the U. S. to the secretary of state The fifth section of the act , establishing a mint , directs, that the assayer, chief coiner, and treasurer, previously to entering upon the execution of their respective offices, shall each become bound to the U. S. with one or more sureties, in the sum of 10,000 dollars, with condition for the faithful and diligent performance of...
1. I cannot discover any existing authority, to make the deed to Pennsylvania . Congress must be resorted to . It is probable, that the landoffice is the true channel. 2. Metcalfe has undoubtedly committed murder on the high seas: and altho’ other nations might lay hold of him, and perhaps punish him; it seems to be the peculiar duty of the U.S., whose citizen he is, to disclaim the act, and...
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...