101To Thomas Jefferson from Robert Smith, 29 December 1801 (Jefferson Papers)
Under the impression that the President will be obliged to send to the Medn. Squadron new orders in consequence of measures, which, there is reason to believe, will be adopted by Congress and that such orders will be conveyed in the Enterprize, it is believed that the proper Officers ought to be ordered immediately to that vessel. For this purpose it is proposed to send the accompanying...
102To Thomas Jefferson from Robert Smith, 15 January 1802 (Jefferson Papers)
I have the honor to request your signature to the enclosed Warrants— The persons for whom they are intended have been recommended by Capt. Murray —those stations being vacant on board the Constellation. I have the honor to be, with the greatest respect, Sir, Your mo ob hb sr. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “Honble Th Jefferson Prest U States”; endorsed by TJ...
103To Thomas Jefferson from Robert Smith, 19 January 1802 (Jefferson Papers)
I do myself the honor to enclose a List of gentlemen, recommended for Surgeon’s Mates in the Navy. The Chesapeak & Constellation are both in want of officers of this grade— Mr. Rogers —of this city—has been recommended by judge Kilty—Mr. John A Smith —of Georgetown, by Doct. Worthington & others—Mr. Jos W New , by his father Colo New—& Mr Alexr. Mc.Williams has been appointed for a...
104To Thomas Jefferson from Robert Smith, 2 February 1802 (Jefferson Papers)
Doct S. Robinson has been highly recommended to me for a Surgs. Mate in the Navy—& I think he would make a good appointment—His services are wanted— I have the honor to be with the greatest respect Sir your Mo: ob: sr: RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “Prest. United States”; endorsed by TJ as received from the Navy Department on 2 Feb. and so recorded in SJL...
105To Thomas Jefferson from Robert Smith, 8 February 1802 (Jefferson Papers)
I have the honor to request your signature to the enclosed Commissions & Warrants—they are wanted for the Surgeon’s mate recently appointed—& for other Commd & Warrant long since appointed, who have lost their Commissions & Warrants— I have the honor to be, with great respect, Sir, Your mo. ob. st. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President United States”;...
106To Thomas Jefferson from Robert Smith, 17 February 1802 (Jefferson Papers)
Mr. Wm. S Butler , the son of Genl Butler, is desirous of entering the Navy as Midpn.—There are now vacancies, & I think his appointment would be a good one. If you concur, your Signature will be necessary to the enclosed warrant. I have the honor to be with the greatest respect Sir, your most obt. Servt. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “Prest. U States”;...
107To Thomas Jefferson from Robert Smith, 20 February 1802 (Jefferson Papers)
I do myself the honor to enclose Warrants for Charles Benson —of Fredericksburg William Holmes . of Columbia To be Midshipmen in the Navy. Mr Benson is the Gentleman recommended to you by Mr. Mercer—Mr Page & others—Mr. Holmes is a smart young man of this place—There are Vacancies enough to admit their appt.—& if you concur, the enclosed warrants will require your Signature. I have the honor...
108To Thomas Jefferson from Robert Smith, 1 March 1802 (Jefferson Papers)
For some weeks I have been much importuned by Mr Brown respecting the Marine Barracks . I have invariably referred him to the propositions prescribed by you, which were some months since sent to him as your ultimate determination. I have, however, in consequence of his pressing solicitation this day taken the liberty of sending the enclosed to you. It is proper, Sir, to inform you, that under...
109To Thomas Jefferson from Robert Smith, 9 March 1802 (Jefferson Papers)
I have the honor to request your signature to the enclosed warrants for— Daniel Eldridge Sailing Master. James Watson Boatswain. Robert Myers Carpenter. With much respect yr mo: 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 on 10 Mch. and “Nominations” and so recorded in SJL . FC ( Lb in DNA :
110To Thomas Jefferson from Robert Smith, 13 March 1802 (Jefferson Papers)
I have the honor to request your Signature to the Warrant herewith enclosed for Samuel Johnson as a Gunner in the Navy, he is now acting on board the Adams, & is well recommended by Capn. Preble. With great respect, I have the honor to be Sir Your mo. obt Sert. 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...
111To Thomas Jefferson from Robert Smith, 25 March 1802 (Jefferson Papers)
The young Gentleman to whom the enclosed letter is addressed, has been recommended by Mr. Page , for reinstatement in the navy. If you have no objection the enclosed letter shall be forwarded. FC ( Lb in DNA : RG 45 , LSP ); at head of text: “The President.” Enclosure: Smith to Hugh Wallace Wormeley, 25 Mch. 1802, informing Wormeley that he has been reinstated as a midshipman in the navy and...
112To Thomas Jefferson from Robert Smith, 29 March 1802 (Jefferson Papers)
The enclosed Warrant is for a young Gentleman recommended by Col Burr. If you approve his Appointment be pleased to give the enclosed Warrant your Signature I have the honor to be, with the greatest respect Sir, your mo obt St. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President U:States.”; endorsed by TJ as received from the Navy Department on 29 Mch. and so recorded...
113To Thomas Jefferson from Robert Smith, 30 March 1802 (Jefferson Papers)
The young gentleman for whom the enclosed is intended, has been recommended by Colo New for reinstatement in the Navy. With your approbation the enclosed letter shall be forwarded. I have the honor to be with the greatest respect Sir, your mo obt RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “Prest. UStates”; endorsed by TJ as received from the Navy Department on 30 Mch. and...
114To Thomas Jefferson from Robert Smith, [1 April 1802] (Jefferson Papers)
The enclosed I have received this morning . There are some incorrect statements in it with respect to me as well as yourself. His suggestions, in his opinion, ought to be regarded as Laws. I have prepared the dispatches for Capt Morris and have herewith sent them for your approbation— RC ( DLC ); undated; endorsed by TJ as received from the Navy Department on 1 Apr. 1802 and “Truxton’s...
115To Thomas Jefferson from Robert Smith, 16 April 1802 (Jefferson Papers)
Mr Charles Ludlow for whom the accompanying nomination is intended, has been mentioned to me in terms of very high Approbation, by many respectable Nautical gentlemen—He is intended for the Adams. I have the honor to be, with the greatest respect, Sir, your mo: ob: st: RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President United States”; endorsed by TJ as received from...
116To Thomas Jefferson from Robert Smith, 21 April 1802 (Jefferson Papers)
Mr Neilson the writer of the enclosed Letter is a Gentleman of respectability in the State of Maryland. And no person Contributed more than he did to the triumph of Republicanism in that State. Yours Respectfully RC ( DNA : RG 59 , LAR ); endorsed by TJ as received from the Navy Department on 22 Apr. and “Doctr. Raphl. Smith to be Superintt. hospitl. N. Orleans” and so recorded in SJL ....
117To Thomas Jefferson from Robert Smith, 26 April 1802 (Jefferson Papers)
Mr Jas Roach , the young gentleman for whom the enclosed Warrant is intended—has been mentioned to me in terms of approbation— Should you approve his appointment, the enclosed will require your signature— I have the honor to be with the greatest respect, Sir, your mo ob: st. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot of text: “President U: States”; endorsed by TJ as received from...
118To Thomas Jefferson from Robert Smith, 4 May 1802 (Jefferson Papers)
Mr. John R Leaycraft of New York, & Mr. Drury M. Allen of Buckingham County, Virginia, have been strongly recommended for Midshipmen in the Navy— I therefore do myself the honor to enclose Warrants for them, wc. require your signature, should you concur in their appointment— I have the honor to be, most respectfully, Sir, Your ob servt. RC ( DLC ); in a clerk’s hand, signed by Smith; at foot...
119From Thomas Jefferson to Albert Gallatin, Henry Dearborn, and Robert Smith, 5 May 1802 (Jefferson Papers)
Th: Jefferson asks the favor of the Secretary of the Treasury, Secretary at War & Secretary of the Navy to carry into execution the inclosed resolution of the H. of representatives of May 3. 1802. desiring a statement of expenditures from Jan. 1. 1797. by the Quarter Master Genl. the Navy agents, for the Contingencies of the Naval & Military establishments and the Navy contracts for timber &...
120To Thomas Jefferson from Robert Smith, 8 May 1802 (Jefferson Papers)
I do myself the honor to enclose Warrants for Jno. N. Canon—Boatswain & David Loring—Gunner— Should you approve their appointment these Warrants will require your signature— These gentlemen have been in the frigate President, her last cruise—& are highly recommended by Commdre. Dale & Capt. Barron. I have the honor to be, with the greatest respect Sir, your most obt servt. RC ( DLC ); in a...
121From Thomas Jefferson to Robert Smith, 14 May 1802 (Jefferson Papers)
Th: Jefferson presents his friendly salutations to the Secretary of the navy and incloses him a letter from mr Page asking a furlough for a son of Genl. Spotswood . if it be within rule it is worth while to oblige the Genl. (tho’ a true federalist) as well as mr Page PrC ( DLC ). Recorded in SJL with notation “furlough for Spotswood.” Enclosure: probably Mann Page to TJ, 9 May 1802, recorded...
122To Thomas Jefferson from Robert Smith, 22 May 1802 (Jefferson Papers)
I do myself the honor to enclose you Warrants for Mr J Downes & Mr. L. Alexis , which will require your signature should you approve their appointment—also a Commission for Doct Smith — The two first mentioned of these gentlemen have been serving in the capacity of acting Midshipmen for several years—They are mentioned in very handsome terms by their Commanding officers. Doct. Smith was out in...
123To Thomas Jefferson from Robert Smith, 12 June 1802 (Jefferson Papers)
I have the honor to enclose herewith a Warrant of Midshipman for William Sim . He is the son of a very meritorious officer in our revolutionary War.— With much respect, I have the honor to be, Sir, Yr mo: 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 on 12 June and “Midshipman” and so recorded in...
124Robert Smith’s Observations on the Charges Against Arthur St. Clair, 15 June 1802 (Jefferson Papers)
Observations upon the charges against Governor St. Clair— 1st. Charge is not established. It was not an usurpation, but an exercise of a legitimate power. The Ordinance of Congress has expressly given to the Governor the power of laying out the Territory into Counties and Townships subject only to this qualification—that the Legislature may thereafter make any alterations therein. The division...
125To Thomas Jefferson from Robert Smith, 24 July 1802 (Jefferson Papers)
I have the honor to request your Signature to the Commission herewith enclosed for Lieut Philomon C: Wederstrandt : This Gentleman has been heretofore Commissioned, but as his Commission was filled up on a blank, originally intended for a Warrant, he is desirous to have it exchanged. With the utmost respect I have the honor to be Sir Your mo. obt. Servt. RC ( DLC ); in a clerk’s hand, signed...
126From Thomas Jefferson to Robert Smith, 9 August 1802 (Jefferson Papers)
I recieved yesterday the inclosed copies of letters from Simpson & Commodore Morris forwarded from your office. the demand of the emperor of Marocco is so palpably against reason and the usage of nations, that it bespeaks either a determination to go to war with us at all events, or that he will always make common cause with any of the Barbary powers who may be at war with us. his having...
127To Thomas Jefferson from Robert Smith, 16 August 1802 (Jefferson Papers)
Your favor of the 9h. I had the pleasure of receiving yesterday. The disposition manifested by the Emperor of Morocco is evidently hostile and evinces a determination to go to War with us unless we abanden the expedition against Tripoli. And the unhappy affair of Capt McNeill with the squadron of Tunis cannot but have involved us with that power. This state of things demanding immediate...
128From Thomas Jefferson to Robert Smith, 17 August 1802 (Jefferson Papers)
I inclose you a letter from a mr Isaac Mansfield as attorney for the representative of James Mugford , who was killed in an action on board a vessel which he commanded whereby, under the then existing regulations, his widow became entitled to a bounty . I inclose it to you because, if entitled by the existing laws, the [inquiries] first come to your office for it’s sanction before it could be...
129To Thomas Jefferson from Robert Smith, 17 August 1802 (Jefferson Papers)
Captain James Barron and some other Officers of the Navy who have been heretofore commissioned but whose Commissions for the want of proper blanks being then ready were filled up on such as were originally intended for Warrants, are solicitous for the sake of appearance, to have them exchanged; I have therefore the honor to request your signature to the 15 blank Commissions transmitted...
130From Thomas Jefferson to Robert Smith, 20 August 1802 (Jefferson Papers)
Your favors of the 16th & 17th were recieved last night; but neither the commissions or Warrants mentioned in the last to be forwarded have come. I suppose they have been put into the post office after the hour and will [be on] by the next post. I recieve by this your opinion & those of the Secretaries of the Treasury & War on our Barbary affairs. I had before asked & received that of mr...
131To Thomas Jefferson from Robert Smith, 20 August 1802 (Jefferson Papers)
From the dispatches herewith sent you will perceive the state of our affairs in the Mediterranean. I am seriously apprehensive that Commodore Morris may not have considered himself authorised to retain the Boston and that, if he has retained her, he will not, with the addition of the New York, be able to protect our Citizens. The Enemys Coast is so extended that the dangers are great. And the...
132From Thomas Jefferson to Robert Smith, 22 August 1802 (Jefferson Papers)
I have just returned from Mr. Madison’s, where I have had conferences with him on the subject of our Barbary affairs & on consideration of the opinions of yourself & the Secretaries of the Treasury & War. there is an entire concurrence of opinion among us in every material point. the amount of these opinions is, and consequently the decision on them as follows. The hundred guncarriages, and...
133From Thomas Jefferson to Robert Smith, 23 August 1802 (Jefferson Papers)
I had yesterday written & committed to the post office a letter in answer to yours of the 16th. on the measures to be pursued with respect to our Barbary affairs. this was grounded on the supposition that we might still be at peace with Marocco. your’s of the 20th. was recieved yesterday evening, and informs me of the declaration of War by the Emperor of Marocco. it was not very unexpected....
134To Thomas Jefferson from Robert Smith, 27 August 1802 (Jefferson Papers)
Agreeably to your letter of instructions of the 23d I have put in Commission the additional frigate. I have selected the John Adams because she is the smallest and of course the Cheapest and she will, besides, answer all the purposes of the largest frigate. Dispatch is of the Utmost importance. Notwithstanding the oppressively hot weather we have been progressing with the New York with an...
135To Thomas Jefferson from Robert Smith, 27 August 1802 (Jefferson Papers)
Being apprehensive that the blank Commissions & Warrants mentioned in my Letter to you of the 17th instant, to have been transmitted to receive your signature, and which appear to have been Mis-sent, may not be recovered in time to accomodate Capt. Barron &. some other officers attached to the New York, I now do myself the honor to enclose twelve blanks of each, additional, & have to request...
136From Thomas Jefferson to Robert Smith, 30 August 1802 (Jefferson Papers)
Your’s of the 27th. was recieved yesterday. the host of commissions had come to hand and been signed & sent back by the last post. those now recieved are therefore returned: as are also the instructions to Commodore Morris with the suggestion of a small alteration or two. I doubt too whether it might not be proper to say something on the conditions of peace with Tripoli & Marocco; to wit that...
137To Thomas Jefferson from Robert Smith, 31 August 1802 (Jefferson Papers)
On making out Capt. Barron’s orders I find that we are without your signature to any of the printed instructions to the commanders of our armed vessels, I have therefore the honor to enclose twelve copies, & to ask that you will be pleased to Sign & return them by the next Mail— Capt. Barron is hauling out of the Eastern Branch, & will have dropped down to Hampton Road before these...
138To Thomas Jefferson from Robert Smith, 31 August 1802 (Jefferson Papers)
In addition to the Instructions to Commodore Morris copy of which had been transmitted to you by the last Mail , I have found it necessary to send to him further powers of which the enclosed is a Copy. From the best information I have been able to obtain through various channels these Gun Boats will be indispensibly necessary. Accept the assurances of my high respect— RC ( DLC ); endorsed by...
139To 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...
140From 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...
141From 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...
142To 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...
143From 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...
144From 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...
145From 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...
146From 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...
147To 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...
148III. 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,...
149VII. 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...
150To 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:...