71To Thomas Jefferson from Robert Smith, 1 September 1802 (Jefferson Papers)
The instructions to Commodore Morris having been sealed and delivered to Capt Barron the day before I had the satisfaction of receiving your favor of the 30th Ult. and the Captain being at this time on board of his Ship proceeding down the River, I have not considered the alterations suggested of sufficient moment to justify the delaying of the Ship. If you should conceive it necessary to send...
72From Thomas Jefferson to Robert Smith, 3 September 1802 (Jefferson Papers)
Your two favors of Aug. 31. are recieved. the printed instructions are signed & accompany this. I presume the instruction as to the procuring gunboats is right, tho’ I can judge here from reason only and not information. we ought to rely also in the discretion of our officers so far as that they will not commit our men in these small vessels to an unequal or even equal fight. we ought above...
73From Thomas Jefferson to Robert Smith, 6 September 1802 (Jefferson Papers)
We have now authentic information from mr Simpson that the Governor of Tangiers has by letter informed him of the Emperor of Marocco’s permission to him to return for six months. this is a clear enough expression of his object, which is presents, and peace. on these we have time to consider. but this change in the state of things renders it proper that we should change our purpose of sending...
74To Thomas Jefferson from Robert Smith, 14 September 1802 (Jefferson Papers)
I have received your favor of the 6th. containing your instructions to me not to send out the John Adams. As the crew of this Ship are all engaged and the usual two months pay advanced them and as of course there will be no additional expence incurred during these two months I have taken the liberty to suspend the execution of your orders until I shall have the satisfaction of being favored...
75From Thomas Jefferson to Robert Smith, 17 September 1802 (Jefferson Papers)
The object of the present is merely to acknolege the reciept of yours of the 14th. and to mention that I have recieved a letter from mr Gallatin disapproving of the first order for the sailing of the John Adams, on general grounds & also on the special ground that the appropriations for that object were exhausted: further that mr Madison will be with me tomorrow, and that I will then take the...
76From Thomas Jefferson to Robert Smith, 20 September 1802 (Jefferson Papers)
I have had an opportunity of consulting with mr Madison and of considering with his assistance the question whether the John Adams should proceed. I had before been favored with a letter from mr Gallatin which with yours furnished material considerations on the subject. the defect of specific appropriation presented the greatest difficulty: but that seems already incurred by the advance of the...
77From Thomas Jefferson to Robert Smith, 16 October 1802 (Jefferson Papers)
We have this morning recieved authentic information from mr Simpson that a state of peace is happily restored between us & the emperor of Marocco. information habitually recieved shews there has never been any danger of rupture between us & Tunis or Algiers. in this state of things, and considering the approach of winter, it becomes necessary we should have a general consultation of the heads...
78From Thomas Jefferson to Robert Smith, 22 October 1802 (Jefferson Papers)
Francis Mitchill of Richmond in Virginia has been recommended for a midshipman’s place by Colo. John Harvie of that place and mr George Divers, gentlemen worthy of all confidence . I saw him myself, & found from his own statement that he had proceeded in geometry as far as the 6. first books of Euclid. William G. Stewart of Philadelphia applies for a place of midshipman. I am personally...
79To Thomas Jefferson from Robert Smith, 23 October 1802 (Jefferson Papers)
I have the honor of Sending to you herewith, for your Consideration a Copy of a letter from me to Captain Tingey, and also a Copy of his report to me upon the Several objects therein Submitted to him. With great respect I have the honor to be Sir Your most obt 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...
80III. 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,...