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Taking it for granted that you will be appointed Atty General of the district I request your opinion as to the Bond required to be taken by the Collectors respecting the certificate of Registry of Vessels. Can it be taken directly to “The United States of America” or must it be in the name of the Collector? Will any bond to the United States of America be valid? The Question arises on the act...
The Subject which you have mentioned was in a great Measure new to me. However I cannot hesitate as to the Validity of a Bond given to the United States, the People of which I think form one great Body politic for all the important Purposes of Government. The Constitution speaks of “Controversies to which the United States Shall be a Party” as forming a Branch of the Judicial Power; and I can...
I will thank you jointly with Mr. Jones for an opinion on the inclosed Questions. As they are of a nature to excite critical attention, I shall be glad of care in the consideration of the subject. Though I would mean to reserve my own opinion, I should not be sorry for an opportunity of pointing out some particulars in a personal interview before your opinion is made up. Tomorrow Morning...
The Secretary of the Treasury requests the opinion of Council on the following points, arising on the Act for Registering & Clearing Vessels regulating the Coasting Trade & for other purposes— 1st   By the 22d Section it is provided that every Vessel of Less than Twenty Tons shall procure a license from the Collector of the District to which she belongs purporting that such Vessel is exempt...
In Consequence of the Application of the ninth Instant made to us by the Secretary of the Treasury, we have considered the several Questions proposed upon the Act for registering & clearing of Vessels &ca. passed the 22d Day of last September, and are of Opinion 1. That Vessels of less than twenty Tons licenced as the Act directs, are exempt from Tonnage, because the Act having declared that...
Inclosed is a power of Attorney from one of two persons interested in the Certificate referred to in it which is in their joint name. They are not general partners. You will observe the nature of the description and the manner of the execution. Is it a good power? The question often arises in the Treasury Department how far a power executed by one partner , or person interested in stock...
In Consequence of your Letter of the 10th. Instant, I have considered the Power of Attorney Enclosed to me, and am of Opinion that it is not sufficient for the Transfer of the Certificate which it refers to. It cannot be imagined that the Securities of the United States are negotiable in a Manner less guarded than the promisory Notes or Bills of Exchange of Individuals, and it has been...
The Collection law rates the ruble of Russia at 100 Cents. The 3d. Section of the act to explain the act “for registering and clearing vessels” &c declares that so much of the Collection law as rates the ruble of Russia at 100 Cents be and that the same is thereby repealed and made null and void . Discounts have been allowed by some of the Collectors on bonds taken prior to the passing of the...
Your Letter of the 3d. Instant was left at my House during my Absence upon the Circuit, or it would have recieved an earlier Answer. I have since my Return considered the Case therein mentioned, with the several Acts referred to; and the Result in my Mind is notwithstanding the peculiar Wording of the repealing Clause that the Conduct of the Collectors is to be considered as warranted by Law....
The Question proposed to me by the Secretary of the Treasury respecting Loss sustained by Robbery from public Officers during the late War, has been maturely considered, and I am of Opinion that the Officers are not chargeable on that Account unless Negligence can be imputed to them. 9 Octr. 1790 ADf , New-York Historical Society, New York City. Harison was United States attorney for the...
I called on you before I left Town to mention to you the case of a seizure in which (if I recollect right) the House of Murray Mumford and Bowen are interested. It was for landing goods after sunset, without license from the Collector but with the presence & consent of an inspector . I expect an application will be made to the judge of the district, in order to a remission of the forfieture....
I request your speedy opinion on the following point. A citizen of the United States obtains under the Registring act a register for a vessel belonging to him. He afterwards goes to reside in a foreign country. Does the vessel lose the benefit of her register during such residence? The answer to this question depends essentially on the construction of the fifth section of that act. There are...
It is a Misfortune in our Legislation that particular Regulations of other Countries have been adopted without considering their Dependence upon the System to which they belong. Hence our Laws in many instances become unprovisional & Questions important in their Consequences & difficult to be resolved must necessarily arise. The fifth Section of the Registring Act is nearly copied from the...
You will find under this cover a letter of particular importance to this department, the business of which will I doubt not receive your early attention. I am, Sir,   Your Obedient servant LS , New-York Historical Society, New York City. William Lewis to Harison, March 14, 1791 ( ALS , New-York Historical Society). In this letter, Lewis, United States attorney for the District of Pennsylvania,...
I have been honored by your Letter of the 15th., and beg Leave to assure you that the Business it alludes to, & every other Subject in which the Public is interested will at all Times command the Attention of Sir   Your most obedt Servt. LC , New-York Historical Society, New York City.
The President of the United States having under consideration the petition of Samuel Dodge, an inspector of the Customs in the District of New York, I have to request that you will consent, on the part of the United States, to the suspension of the judgment in the case of the petitioner, ’till you shall be further advised. I am, sir,   Your Obedt. Servant LS , New-York Historical Society, New...
You will find in this inclosure two copies of a contract with John McComb junr, of New York, for building a light house on Cape Henry. I request the favor of your sending for Mr McComb & procuring his execution of them. It will be necessary that the inclosed bond be also executed by Mr McComb, & two competent Sureties. The Persons offered to me were Messrs Nicholas Cruger & Peter Kemble, whom...
Immediately upon the Receipt of your Letter of the 1st. Instant, I sent for Mr. McComb, and proposed his executing the Contract transmitted to me, and that a proper Surety should be substituted in the Place of Mr. Cruger. Upon the latter Subject I am informed that no Difficulties will arise, but with Respect to the Contract itself Mr. McComb alledges that a Mistake has taken Place. The first...
Mr. Abijah Hammond has informed me that he delivered to the Grand Jury, before whom was brought the case of Christopher Bancker, the certificate, on which the charge against him was founded. I wish to know the present state of that affair. I am, sir,   With great consideration,   Your Obedt Servant LS , New-York Historical Society, New York City. Hammond was a New York City merchant. According...
It may prevent future trouble if the contract with Mr. McComb for the light house be redrawn; rectifying the error in regard to his occupation. He may execute two, and they may be sent to me, when I will duly execute them and transmit one to him. The first payment I find by his own propositions was to be as in the contract three thousand dollars, and it is not well that more is asked. I am...
The Affair of Christopher Bancker having been previous to the Promulgation of the Law of the United States respecting Crimes, was not cognizable by any of the national Tribunals. It was therefore laid before a State Grand Jury which was sitting when Mr. Hardy was in this Place, and both Mr. Hammond and that Gentleman were examined upon the Occasion. To my great Surprise no Indictment was...
As the confinement in which Charles Seely, the late Mate of Cap. Joseph Gorham junr. now is, appears likely to affect his life, I request you to take such measures in regard to the case, as will certainly prevent a consequence so extreme. The President being absent, no relief can be derived from him. I am fully persuaded both his humanity & justice would induce him, as far as in his power, to...
You have been advised of the application of Samuel Dodge to the President for a Pardon. You know also that he is convicted upon the 26th section of the last Collection Law. A question arises concerning the extent of the power to pardon. There is a general rule that a power to pardon cannot be exercised so as to divest Individuals of a right of action for their sole benefit, or of a vested...
I had the Honor of receiving your Letter of the 26th. and shall pay due Attention to the Contents. The Questions proposed, are in themselves of great Importance & not free from Difficulties. They must therefore require mature and deliberate Consideration. Inclosed you will find the Contract entered into with John McComb Junr. & a Bond to secure the Performance of it. Mr. Cruger not having left...
Having attentively considered the Questions contained in your letter of the 26th. Ultimo, I am fully of opinion that the power to pardon which the Constitution has vested in the President of the United States cannot extend to affect the rights of Individuals. The principles of the Common Law of England upon this Subject appear to be founded in good sense and I think must govern where-ever they...
New York, June 28, 1791. “Inclosed is my Account against the United States as far as the same has been audited. There are some services relating to Persons still in Confinement which will be included in my future Accounts when their Fate is ascertained.…” LC , New-York Historical Society, New York City.
The account taxed by the Judge of the District Court and rendered by you, on the 28th Ultimo, against the United States has been transmitted to the Auditors office, and when passed by that Officer & the Comptroller, will be discharged by the Treasurer on my warrant. That which relates to the opinions given by you on cases arising in this office will be paid to you when there shall be an...
In Consequence of your Directions to the Collector of this Place a Suit was commenced against Anthony Libbey upon the registring Act, for not bringing a duplicate Manifest of his Cargo from the Port he belonged to in the District of Maine. His Cargo had been previously landed and disposed of by Permission from the proper Officers who did not suspect any Misconduct. Upon an Examination into the...
This will be delivered to you by Mr. Ceracchi, whom I recommend to your attention. He goes to New York in pursuit of subscriptions towards a Monument of the American Revolution. You have doubtless heared of the Artist and his project. He will explain to you more particularly. I have prepared him to find difficulties in the present political situation of New York. How far they may really stand...
The Patents to the Ohio Company, in conformity to the Act, were issued before the President went to Mount Vernon. I hope no inconvenience will have ensued. Mr. King having written to me on the same subject, I have sent him a rough sketch of the exterior line of the whole tract granted by the several Patents. Yrs. sincerely ALS , New-York Historical Society, New York City. Harison was United...