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    • Randolph, Edmund
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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...
I shall make a statement of my account with Mr. Mazzei, as soon as I return home; and will forward it to you. The encyclopedie I think a bargain, and shall retain it with pleasure. When we meet in N. York, I will pay you the price; stated in your late favor. I thank you for the map; and shall send the other maps, with two catgut battledores, to Mr. Donald. The senate have disagreed to the 3d....
I have examined the papers which you did me the honor of submitting to me yesterday, on the subject of the Georgia confiscations. But in the present mutilation of the necessary documents, it is impossible for me to form a satisfactory opinion. The act of May 1782 is not among the enclosures of Sir John Temple, but is the groundwork of the proceeding complained of. The last act appears in part...
The inclosed letter is from Charlton. If you approve it, let the sum be settled in what I owe you for the Encyclopedia; and I will send a receipt. Will the president be obliged to publish a proclamation in consequence of the Indian treaty? He desired me to inquire into this matter from you, as he wishes me to draw it, if to be issued. I am glad to hear, that you have shaken off your late...
The question is, whether any punishment can be inflicted on persons, treating with the Indian tribes, within the limits of the United States, for lands, lying within those limits; the preemption of which is vested in the United States? Extract from Edmund Randolph to George Washington, 12 Sep. 1791 ( DLC : Washington Papers). The provenance of this document is necessarily a matter of...
I took the liberty of mentioning to you the other day the application, which Mr. Telles’s friends had made, for his appointment to the office of consul in Lisbon, and which they wished me to assist. On recollecting, what passed between us, I suspect that I was not clearly understood in my statement of Mr. Telles’s situation. He can never sue the court or any individual of Lisbon. His suit is...
I have perused the abstract of the case of Thomas Pagan, which I received from you this morning. Altho’ I cannot entertain a momentary doubt of the facts, therein asserted; yet am I compelled by the rules of official responsibility, to request a copy of the record, from which those facts are derived, before I give an opinion on the subject. In procuring this record no time ought to be lost....
The abstract, which I had the honor of putting into your hands this morning, was formed by a minute examination of the papers, relative to the case of Mr. Thomas Pagan. I am, as yet, unable to give a mature opinion. But it is easily discovered, that the refusal of an appeal to the supreme court of the United States constitutes a capital article of his complaints. If this course were ever open...
I suspect from the communication of the British Minister, dated on the 18th. of february 1792, that the reasons for delaying a definitive answer to his first memorial on the subject of Mr. Pagan, are not rightly understood. The principal allegations of Mr. Pagan are, that the true construction of the preliminary articles justified the seizure: that the pendency of the appeal in England ought...
I yesterday received a letter from my mother, painting an embarrassment in one of my father’s pecuniary affairs. The seriousness of its aspect has led me to asert myself for her relief. But until the first of July, I absolutely shall be unable; and her situation admits no delay. Excuse me then for begging your aid, until that day, as far as seven hundred dollars. I am to remit three hundred...
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...