51To 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 ....
52To 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...
53To 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...
54To 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...
55To 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...
56To 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...
57Robert 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...
58To 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...
59To 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...
60To 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...
61To 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...
62To 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...
63To 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...
64To 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...
65To 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...
66To 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...
67To 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...
68To 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...
69III. 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,...
70VII. 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...
71To 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:...
72To 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...
73To 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...
74To 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,...
75To 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....
76To 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”...
77To 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...
78To 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...
79To 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...
80Abstract 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
81To 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...
82To 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....
83To 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...
84To 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...
85To 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...
86To 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...
87To 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...
88Abstracts 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 "
89To 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...
90To 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...
91To 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.
92To 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...
93To 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...
94To 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”;...
95To 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.
96To 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...
97Proposed 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...
98To 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...
99To Thomas Jefferson from Robert Smith, 18 August 1803 (Jefferson Papers)
Upon my return to Balt. last Evening I found your favor of the 8th. and hence it is that I have not had the honor of answering it sooner. The two schooners equipped at this place have sailed some days since. The frigate Philadelphia left the Capes of Delaware on the 27h. of last month. The other frigate the Constitution, according to the information that has been conveyed to me, ought to have...
100To Thomas Jefferson from Robert Smith, 28 August 1803 (Jefferson Papers)
Your favor of the 23d enclosing Mr. Simpsons letter to Mr Madison I have received. I am extremely sorry to find that the plan of having made in Europe the gun Carriages for the Emperor of Moracco cannot take effect. I am yet satisfied that the plan was at the time proper. Subsequent events, it seems, have rendered it impracticable. I am also much distressed that Mr Simpson did not deem it...