51III. Robert Smith’s Opinion on the Common Law and Hardin’s Case [ca. 11 November 1802] (Jefferson Papers)
Mem. If in a Case of Criminal jurisdiction there be not a Statute of Congress, defining the offence and prescribing the punishment, the prosecution cannot be sustained in any Court of the United States. If the federal judge does not find such an act of Congress, he cannot resort to the common or Statute law of the State. An action, which Congress may constitutionally declare to be an Offence,...
52To Thomas Jefferson from Robert Smith, 19 November 1802 (Jefferson Papers)
I have the Navy Estimates for the ensuing year, prepared in detail, but can not state the aggregate, until it shall be determined how many vessels are to be kept in actual service—on this point therefore I beg leave to request instructions from you. With the highest respect & esteem I have the Honor to be Sir, your mo ob St. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text:...
53VII. Robert Smith’s Remarks on the Draft, 25 November 1802 (Jefferson Papers)
If a more summary process be wanted to enforce a specific performance of the Contract of foreign Seamen, ought it not to be a subject of diplomatic adjustment? The Cession of Louisiana is expressed with an accurate attention to the delicacy of the Case. But ought it not to be a separate Confidential Communication? Will it not otherwise produce in France great sensibility and in G. Brittain too...
54To Thomas Jefferson from Robert Smith, 8 December 1802 (Jefferson Papers)
I have the honor to enclose two copies of a report made to me by B. H. Latrobe Esq on the subject of a Dry Dock, at this place, of a size sufficient to contain Twelve frigates of 44 guns—in which report he mentions the site that would, in his opinion, be the best—the works necessary to be erected, accompanied by Drawings—the means of supplying the Dock with Water—& the probable period it would...
55To Thomas Jefferson from Robert Smith, 10 December 1802 (Jefferson Papers)
By the accompanying package , you will perceive, that the statements called for by the House of Representatives, in their resolution of the 5th. May , have been duly prepared, so far as the resolution respects this Department. Before I forward these statements to the Speaker, I deem it proper to submit them to you. I have the Honor to be, with the greatest respect & esteem Sir, your mo ob st...
56To Thomas Jefferson from Robert Smith, with Jefferson’s Note, 19 January 1803 (Jefferson Papers)
The enclosed Letter, to Mr Eustis is proposed in answer to a Letter received from him some time since. I have mentioned four small vessels instead of three —that if it shall be deemed proper to purchase a Zebec, the purchase may be made out of the money that may be appropriated, in pursuance of my Recommendation to Mr. Eustis— I have the honor to be with the greatest respect & esteem, Sir,...
57To Thomas Jefferson from Robert Smith, 23 January 1803 (Jefferson Papers)
I enclose a copy of a letter written by me to Cap Tingey on the 21st ins—and a letter from him in reply thereto—which I have the honor respectfully to submit. I am with the greatest respect & esteem, Sir, your mo ob sr RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President of the United States”; endorsed by TJ as received from the Navy Department on 24 Jan. and “Tingey....
58To Thomas Jefferson from Robert Smith, 29 January 1803 (Jefferson Papers)
I some time since wrote to the Navy Agent at New York respecting Danl Baldwin . The result shall be Communicated to you when received. I did not understand from Mr Gallatin that I was to send to him an additional Estimate of Navy appropriations . I will however see him this morning. Respectfully H S RC ( DLC ); endorsed by TJ as received from the Navy Department on 31 Jan. and “navy approprns”...
59To Thomas Jefferson from Robert Smith, 8 February 1803 (Jefferson Papers)
Mr Nicholson’s letter respecting the Marine Corps I have well considered and since I had the pleasure of conversing with you upon the Subject I have had some Communication with Mr Nicholson. The result is the letter herewith sent to you for your Consideration. It is little more than a Statement of facts for the Committee to form their own Opinion. As to the insufficiency of a Captain to be the...
60To Thomas Jefferson from Robert Smith, 19 February 1803 (Jefferson Papers)
The Secretary of the Navy has not deemed it expedient to write the proposed letter to Jacob Bauldin because he cannot ascertain that such a person is in the City or in Geo. Town. It is, besides, believed that such a person, if worthy of attention, would present himself in person—He certainly ought to do so— RC ( DLC ); undated; addressed: “The President”; endorsed by TJ as received from the...
61To Thomas Jefferson from Robert Smith, 28 February 1803 (Jefferson Papers)
There are eight vacancies in the Navy, of Lieutenants—The Gentlemen mentioned in the accompanying List , are the eldest in rank of the Midshipmen— I have the honor to be respectfully, Sir, your mo ob: st: RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President of the United States”; endorsed by TJ as received from the Navy Department on 28 Feb. and “Nominns” and so recorded...
62Abstract of Warrants from Robert Smith, 28 February 1803 (Jefferson Papers)
Abstract of Warrants on the Treasurer by the Secretary of the navy for navy purposes, shewing also the Balance on hand for the Week ending the 26th. day of February 1803 Date no. In whose favor & for what purpose amot. of Warrants amot. of Deposits & Balance 1803 Balance from last Report 1758.47 Feby 22 2041 1078 Daniel Murray —Pay & Continge. 115.87
63To Thomas Jefferson from Robert Smith, 2 March 1803 (Jefferson Papers)
I enclose Warrants for Laurence Keene Francis Hall Lewis Hunt Walter G Anderson Francis Mitchell Wm. Ballard & Wm. R Nicholson. to be Midshipmen in the Navy. These young gentleman have all been well recommended —and should you approve their appointment, the enclosed Warrants will require your Signature. I have the honor to be with the greatest respect Sir yr ob st RC ( DLC ); in a clerk’s...
64To Thomas Jefferson from Robert Smith, 4 March 1803 (Jefferson Papers)
The Enclosed is submitted to your Consideration—I will have some Conversation with you upon the Subject in the Course of a few days— Your Humbl Ser RC ( DLC ); undated; endorsed by TJ as received from the Navy Department on 4 Mch. 1803 and so recorded in SJL with notation “Tingey”; also endorsed by TJ: “Tingey’s applicn for advancd allowance.” Enclosure: probably Thomas Tingey to Smith, 1 Mch....
65To Thomas Jefferson from Robert Smith, 4 March 1803 (Jefferson Papers)
I have the honor to enclose Eight blank Commissions, & Twelve Warrants—to which I request your signature. The Commissions are wanted for the Lieutenants lately appointed —& the Warrants will, it is presumed, be wanted during your absence—for Midshipmen & other Warrant Officers. I have the honor to be, with the greatest respect & esteem, Sir, yr mo ob Sr RC ( DLC ); in a clerk’s hand, signed by...
66To Thomas Jefferson from Robert Smith, with Jefferson’s Note, 7 March 1803 (Jefferson Papers)
I came over this morning to submit to you the propriety of procuring Carronades for the Small Vessels we are about building. All practical men prefer them to Cannon. But the Cost of them not being Comprehended in my Estimate they cannot be Obtained but under the appropriation in Brackenridge’s Bill .—I wish to have your Opinion upon this Subject Respectfully [ Note by TJ :] I should approve of...
67To Thomas Jefferson from Robert Smith, 12 March 1803 (Jefferson Papers)
In consequence of the Conversation I had with you some days since respecting the Compensation to be allowed to Capt Tingey I have Offered to him the same pay & emoluments which he would have been entitled to receive, if he had remained a Captain of the Navy. This he does not consider sufficient. Herewith you will receive Copies of my Letter & his answer. I find that in the hurry of your...
68To Thomas Jefferson from Robert Smith, 17 March 1803 (Jefferson Papers)
The Constellation Capt Murray is arrived and is now in the Eastern Branch. Her crew will be discharged immediately. As nothing but a formidable force will effect an honorable peace with Tripoli and repress the dispositions of the other Barbary powers to hostility, would it not be adviseable to send immediately to the Medn either the Constitution now lying at Boston or the Philad now lying at...
69To James Madison from Robert Smith, 5 April 1803 (Abstract) (Madison Papers)
5 April 1803, Navy Department. Encloses a letter “this day received” from Israel Whelen in reply to a 26 Mar. letter from Smith requesting information about the stores due to the dey of Algiers. “As the subject is new to us, I beg the favor of you to let Mr Wagner make out a list of the articles wanted.” RC and enclosure ( DNA : RG 59, ML ); letterbook copy ( DNA : RG 45, Letters to Secretary...
70To Thomas Jefferson from Robert Smith, 9 April 1803 (Jefferson Papers)
As the Governor of Massachussetts has in a letter to the Secretary at War renewed his application respecting the Cannon and other Stores Obtained from that State in the year 1798, I consider it proper to send to you the enclosed Copies of letters, which will give you a view of the part of the Case for which this Department has been responsible. The Books and papers of this Department have been...
71Abstracts of Warrants from Robert Smith, 2 May 1803 (Jefferson Papers)
Abstract of Warrants drawn on the Treasurer by the Secretary of the navy for navy purposes, shewing also the balance on hand for the week ending the 30th. day of april 1803— Date no. In whose favor & for what purpose amot. of Warrants amot of Deposits & Balance 1803 Balance from last report 121,982.95 apl. 26 2120 Alexr. Kerr assignee of Keith Spence— } Pay &c. m.c. 145 00 "
72To Thomas Jefferson from Robert Smith, 9 May 1803 (Jefferson Papers)
I have the honor to present for your approbation, Pascal Paoli Peck , of Rhode Island, James Marshall of Virginia, & Robert Gamble of Pensya. to be Midshipmen in the Navy.— Mr. Peck is highly recommended by Governor Fenner and others; Mr. Marshall, by Colonels Taylor & New, and Mr. Gamble, by Capt. Jones, Mr. Muhlenburgh, Mr. Beckley and other Gentlemen of Phila.— Should you approve of these...
73To James Madison from Robert Smith, 11 May 1803 (Abstract) (Madison Papers)
11 May 1803, Navy Department. Encloses for JM’s information a copy of a letter to Mackenzie and Glennie, navy agents at London, “containing general instructions for the liquidation of claims against the U States, for supplies that may be furnished any of our Public ships by any of his Britannick Majesty’s Agents—also directions for the payment of an account enclosed to you in a letter from...
74To Thomas Jefferson from Robert Smith, 16 May 1803 (Jefferson Papers)
The accompanying statement No 2—exhibits a view of the exact state of the Navy appropriations on this day. Presuming that it will be agreeable to you, I shall in future lay before you, similar statements weekly . I have the honor to be with the greatest respect & esteem, Sir, yr mo ob st RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President United States”; endorsed by TJ...
75To Thomas Jefferson from Robert Smith, 27 May 1803 (Jefferson Papers)
I enclose six blank warrants which it is intended to fill up with the names of the following young Gentlemen for Midshipmen George W. Barker recommended by Mr. Gregg John Quynn Mr. Duvall & others John R. Sherwood Jacob Gibson & others— John Nevitt R. Bowie & others— John Pettigrew Docr. Bullus & others Thos.
76To Thomas Jefferson from Robert Smith, 7 June 1803 (Jefferson Papers)
A number of Boatswains, Gunners, Carpenters and Sailmakers are wanting for the Squadron now preparing for the Mediterranean . I therefore enclose 20 blank warrants to which I have the honor to request your Signature.— with high respect, I am Sir yr. ob: Servt. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “The President”; endorsed by TJ as received from the Navy Department...
77To Thomas Jefferson from Robert Smith, 17 June 1803 (Jefferson Papers)
I think with you that Morris ought to be recalled by the Nautilus. And I will send orders accordingly. The permitting him to return in his own frigate is a great indulgence. I have no expectation that any thing of importance will be effected by the Squadron now out. With great respect I am Sir Your Ob. Ser. RC ( DLC ); endorsed by TJ as received from the Navy Department on 18 June and so...
78To Thomas Jefferson from Robert Smith, 6 July 1803 (Jefferson Papers)
I have the honor to enclose 12 blank commissions to which your Signature is requested.— They are wanted for Officers who have been heretofore appointed but not properly commissioned, their appointments having been made out on blank warrants.— With high respect, I am Sir, yr mo: ob: Servt. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “The President of the U. States”;...
79To Thomas Jefferson from Robert Smith, 6 July 1803 (Jefferson Papers)
I have the honor to present for your approbation as Midshipmen in the Navy, Gilbert H. Smith recommended by Judge Kilty & others— Francis B. Whiting .— John Smith Esqr. Va. Dl. P. Ramsey — Mr. Strode— Chs. Jones — Mr. Merriweather Jones thro’ Mr. Madison.— If you approve the above nominations, the enclosed warrants will require your signature.— With high respect, I am Sir, yr mo: ob Servt.
80To Thomas Jefferson from Robert Smith, 9 July 1803 (Jefferson Papers)
I am greatly pleased with the ideas suggested in the proposed amendment of the Constitution and I sincerely hope that they will be adopted by the legislature of the Union. But I am rather inclined to think that they ought not all to be ingrafted upon the Constitution. Your great Object is to prevent Emigrations excepting to a certain portion of the ceded territory. This would be effectually...
81Proposed Amendment to the Constitution, 9 July 1803 (Jefferson Papers)
An Amendment proposed to the Constitution to be added to S. 3. Art. 4. Louisiana being in virtue of the Treaty &c incorporated with the U. States and being thereby a part of the Territory thereof, Congress shall have power to dispose of and make all needful rules and regulations respecting the same as fully and effectually as if the same had been at the time of the establishment of the...
82To Thomas Jefferson from Robert Smith, 14 July 1803 (Jefferson Papers)
I enclose a blank warrant for your signature to be filled with the name of Joseph Nicholson as midshipman should you approve it—He is son of Capn. S. Nicholson of Boston, and is recommended by Commodore Preble— I have the honor to be with much respect Sir yr. obt. Serv. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “The President”; endorsed by TJ as received from the Navy...
83To Thomas Jefferson from Robert Smith, 18 August 1803 (Jefferson Papers)
Upon my return to Balt. last Evening I found your favor of the 8th. and hence it is that I have not had the honor of answering it sooner. The two schooners equipped at this place have sailed some days since. The frigate Philadelphia left the Capes of Delaware on the 27h. of last month. The other frigate the Constitution, according to the information that has been conveyed to me, ought to have...
84To Thomas Jefferson from Robert Smith, 28 August 1803 (Jefferson Papers)
Your favor of the 23d enclosing Mr. Simpsons letter to Mr Madison I have received. I am extremely sorry to find that the plan of having made in Europe the gun Carriages for the Emperor of Moracco cannot take effect. I am yet satisfied that the plan was at the time proper. Subsequent events, it seems, have rendered it impracticable. I am also much distressed that Mr Simpson did not deem it...
85To Thomas Jefferson from Robert Smith, 4 September 1803 (Jefferson Papers)
From Genl Dearborns answer to my letter respecting the gun carriages I find that the War department cannot supply them, and that there are not, as I had imagined, any artificers belonging to that department. I also perceive that the Secretary at War cannot possibly by any means have them built. I have however since the receiving of this answer been making such arrangements that I am enabled to...
86To Thomas Jefferson from Robert Smith, 10 September 1803 (Jefferson Papers)
Your favor of the 23d Ult informed me that the disposition manifested by the French Government had rendered it necessary that we have a public armed ship ready to sail on the 31st. Oct to carry the ratification and if possible the Stock to France and at the same time suggesting the expediency of employing the last of the small vessels in this service. At the time of my receiving these...
87To Thomas Jefferson from Robert Smith, 4 October 1803 (Jefferson Papers)
The sickness of my Children continues and appearances are at this moment very afflicting. Mrs. Smiths extreme anxiety has for several days made her consider it necessary to watch over them day & night. It was my intention to have been at Washn. last Sunday. The painful fear of never again seeing my youngest Daughter has prevented me. I have brought my family to the House of Mrs. Smiths good...
88To Thomas Jefferson from Robert Smith, 28 November 1803 (Jefferson Papers)
The names of the Officers I introduced to you are Mr Jenks Lieut Mr Ludlow Lieut, Nephew of Mr Ludlow of New-York Navy Agent— Mr Perry Midshipman who served as acting Lieut— Mr Ellery is his friend— I am sorry to see such an account of the Midshipman . He was strongly recommended by Mr Thompson of Virginia Member of Congress and from the great interest he took in procuring him the Station on...
89To Thomas Jefferson from Robert Smith, 4 December 1803 (Jefferson Papers)
*The temperate and Correct Course pursued by our Consul Mr Simpson, the promptitude of Commodore Preble, the effecacious Co-Operation of Commodore Rodgers of the returning Squadron, the judicious conduct of Capt Bainbridge and the general zeal of the other Officers and Men are It is proper to state to you that Rodgers being the Oldest Officer was the person that formed the plan of attack and...
90To Thomas Jefferson from Robert Smith, 28 December 1803 (Jefferson Papers)
I have the honor to present for your consideration the following Gentlemen to be Midshipmen in the Navy. Jacquelin Harvie Virga. Recomdd. by Mr. Harvie John Lyon Md. Colo. Stricker. Richard Wilson Md. Rt. Brent Esqre. Charles Blake Md. Mr. Nicholson Henry Thomas Md. J. Gibson Esqre. B. F. Rittenhouse Ca. Genl. Smith. of Va.
91To Thomas Jefferson from Robert Smith, 19 March 1804 (Jefferson Papers)
To send two additional frigates into the Mediterranean would require an appropriation of about 125000 Dol. RC ( DLC ); endorsed by TJ as received from the Navy Department on 19 Mch. and “approprn for Meditern.” and so recorded in SJL .
92To Thomas Jefferson from Robert Smith, 27 March 1804 (Jefferson Papers)
The motion for abolishing the office of Lt. Colo. Commdt. of the Marine Corps having been rejected, I take the liberty to enclose a nomination for that office. The Gentleman proposed is now the senior officer of the Corps. FC in Lb ( DNA : RG 45, LSP ); in a clerk’s hand. Enclosure: suggested message to Senate, “Gentlemen of the Senate, I nominate Franklin Wharton, now Senior Officer in the...
93To James Madison from Robert Smith, 13 April 1804 (Abstract) (Madison Papers)
13 April 1804, Navy Department. “Immediately on receiving your letter of 30 ult —I called on Capn Morris for the information therein required—& yesterday received from him two letters of which the accompanying are true copies.” RC and enclosures ( DNA : RG 59, ML ); letterbook copy ( DNA : RG 45, Letters to Secretary of State). RC 1 p.; in a clerk’s hand, signed by Smith; docketed by Wagner....
94To Thomas Jefferson from Robert Smith, 19 April 1804 (Jefferson Papers)
I have the honor herewith to transmit to you, for your consideration, a copy of the opinion on the conduct of Capt. Richd. V. Morris, formed & pronounced by the Court of Enquiry instituted agreeably to your directions for that special purpose I have the honor to be with the greatest respect sir, yr mo: ob: st RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President of the...
95To James Madison from Robert Smith, 21 April 1804 (Abstract) (Madison Papers)
21 April 1804, Navy Department. “I enclose a letter from John Tilden to me [not found]. “There was a John Tilden in the Navy service. He was appointed a Midsn. in January, ordered to the Brig Norfolk in April, and resigned in December 1800. He was the Son of Mr. Marmaduke Tilden, who has long been a Resident of Kent County Maryland. He was of respectable discent. I have no doubt the Writer of...
96To Thomas Jefferson from Robert Smith, 24 April 1804 (Jefferson Papers)
I have the honor to enclose for your signature 30 blank Warrants—they are wanted for midsn—boatswains, gunners, sailmakers & carpenters—When you shall have signed them, I beg the favor of you to have them returned to me. I have the honor to be with the greatest respect Sir, yr mo ob Sr. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President of the United States”; endorsed...
97To James Madison from Robert Smith, 28 April 1804 (Abstract) (Madison Papers)
28 April 1804, Navy Department. “I have the honor to enclose an estimate of the value of the articles comprehended in the ‘invoice given to the Consul of the United States at Algiers—to be furnished by the United States on account of the annuity which will be due on the 5h seper 1804.’” RC and enclosure ( DNA : RG 59, ML ); letterbook copy ( DNA : RG 45, Letters to Secretary of State). RC 1...
98To Thomas Jefferson from Robert Smith, 16 May 1804 (Jefferson Papers)
I take the liberty of sending to you the enclosed for Consideration—If you should be of the Opinion, as I am, that Capt Morris ought to be dismissed without the intervention of a Court Martial, you will be pleased to Correct the enclosed letter so as to please yourself— Respectfully Y H S RC ( DLC ); endorsed by TJ as received from the Navy Department on 16 May and “Capt Morris’s case” and so...
99To Thomas Jefferson from Robert Smith, 18 May 1804 (Jefferson Papers)
I have the honor to enclose for your signature Commissions for the following gentlemen, now Lieutenants { Charles Stewart— Captain in the Navy. Isaac Hull } to be Masters Commandants Andrew Sterett John Shaw Isaac Chauncey John Smith Richard Somers Stephen Decatur & George Cox now Midshipmen { Arthur St. Clair
100To Thomas Jefferson from Robert Smith, 23 May 1804 (Jefferson Papers)
I have the honor herewith to send, for your signature, a Commission for Stephen Decatur junior, to be a Captain in the Navy of the United States. I have the honor to be with the greatest respect sir, y mo ob servt. RC ( DLC ); at foot of text: “President of the United States”; endorsed by TJ as received from the Navy Department on 23 May and “Decatur” and so recorded in SJL with notation “post...