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,...
81To 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:...
82VII. 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...
83To 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...
84To 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...
85From Thomas Jefferson to Heads of Departments (Jefferson Papers)
Th: Jefferson asks a consultation with the heads of departments tomorrow at 11. aclock, on the subject of N. Orleans & the Floridas. should we meet later, we may be prevented by the visits usual on the day. will mr Smith be so good as to send the inclosed over the way to mr Lincoln? RC ( MHi : Levi Lincoln Papers); undated or date clipped; endorsed by Levi Lincoln as 31 Dec. 1802; with...
86To 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,...
87To 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....
88To 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”...
89To 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...
90To 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...
91To 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...
92Abstract 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
93To 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...
94To 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....
95To 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...
96To 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...
97To 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...
98From Thomas Jefferson to Robert Smith, 17 March 1803 (Jefferson Papers)
I have recieved a letter from the Secy. of state informing me that the Dey of Algiers refuses to [accept?] the money offered him in commutation for the naval stores [due] him and consequently it becomes necessary to send the stores immediately. as it is [certainly?] better for the public that the purchase of naval stores should [be in?] the hands of one set of agents, not only to avoid...
99To 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...
100From Thomas Jefferson to Robert Smith, 19 March 1803 (Jefferson Papers)
I wrote you on the 17th. on the subject of the stores for Algiers, since which your’s of the 12th. is recieved. I thought I had spoken to mr Madison on the day of my departure on the subject of the gun carriages for the emperor of Marocco. I now write to him respecting them. I presume the date of the enlistment of the crews of our frigates in the Mediterranean should decide which of them shall...
101From Thomas Jefferson to Robert Smith, 29 March 1803 (Jefferson Papers)
I recieved yesterday your’s of the 17th. suggesting the sending into the Mediterranean the Constitution or the Philadelphia to overawe the Barbary powers. our plan of keeping one or two frigates there with 4. schooners was concluded on great & general consideration, on the supposition that war with Tripoli alone would go on. your letter suggests no new fact changing the state of things. I...
102To 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...
103From James Madison to Robert Smith, 8 April 1803 (Madison Papers)
In compliance with your request, I have the honor to enclose four lists, comprehending the Articles which it is expedient should be now forwarded to Algiers. It is necessary to remark that the timber should be of the best quality, to ensure to us a preference in sending such articles rather than others in future, if the commutation for money should not succeed, and because it will be returned...
104To 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...
105Abstracts 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 "
106To 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...
107To 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...
108To 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...
109To 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.
110To 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...
111From Thomas Jefferson to Robert Smith, 16 June 1803 (Jefferson Papers)
I learn from Capt Tingey that the Philadelphia will probably not sail till August, and the frigate at Boston is expected to be still later. the Nautilus we are told is on the point of sailing. on consultation with the heads of department here, I am of opinion, and suggest it for your consideration, that an order of recall to Capt Morris should go by the Nautilus. from his inactivity hitherto,...
112To 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...
113From Thomas Jefferson to Robert Smith, 18 June 1803 (Jefferson Papers)
I this moment recieve from mr Madison a communication of your letter of the 17th. proposing that Capt Morris shall come home in the Adams whose crew have served their time instead of the New York which has still some time to serve. the reasons are entirely good and I concur with you in the change. Affectionate salutations. PrC ( DLC ); partially dated. Recorded in SJL with notation “Morris.”...
114To 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”;...
115To 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.
116To 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...
117Proposed 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...
118To 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...
119From Thomas Jefferson to Robert Smith, 8 August 1803 (Jefferson Papers)
It is suggested to me (indirectly from the person himself) that Jerome Bonaparte is at Baltimore, under the name of Monsr. Dalbarton, with a son of Rewbell, [&] that they mean to ask a passage to France in one of our frigates. if this be the fact, he will have satisfied thereof the minister of his nation, thro’ whom we shall be apprised of it, & relieved from all trouble in deciding on it....
120From Thomas Jefferson to Robert Smith, 16 August 1803 (Jefferson Papers)
Th: Jefferson salutes mr Smith and incloses him a letter from a mr Nichols of Massachusets desiring to be a midshipman, of whom he knows nothing but what is contained in the letter. health & happiness. PrC ( DLC ). Enclosure: John H. Nichols to TJ, 8 Aug. 1803 (recorded in SJL as received from Charlestown on 15 Aug. with notation “to be Midshipman,” but not found).