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...