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No new Occurrence at Cambridge can justify an Intrusion on the well-employ’d Moments of a Delegate. I must, however, urge you, to assign a Reason for the Supineness of Virginia, amidst the Robberies, and other Violations of private Property, said to have been committed by Lord Dunmore. He plunders Custom-Houses, and reviews his Body-Guard at Gosport, unarrested. What is the Conclusion from...
Gilmer, not being able to attend the Convention the other Day, when the Delegates were chosen, sent a Memo. to me, to press your Non-election. I urged it in decent Terms: but stirred up a Swarm of Wasps about my Ears, who seemed suspicious, that I designed to prejudice you. However, fortunately for my Credit, your Letter to the President was yesterday read to the House, confirming, What I had...
The council board has been so much crouded with business of late, that I could not procure an order for the removal of Goodrich to Albemarle, ‘till this morning. I should not have delayed to comply with the resolution of Assembly so long, had it not been necessary to examine him in the county, in which it is supposed he committed the crime. The order for his removal went by express to day to...
Mr. Carrington, who is a defendant in the suit, brought by your Relation Jefferson vs. Reade’s administrators , obtained an order at the last court, that he, as being nonresident, should give security for costs at the next Term. Will you be so good, as to inform him of this, if he is within the circle of your correspondence? Be pleased to add, that dismission is the penalty on non compliance...
Philadelphia, 27 July 1779 . Detailed account of Wayne’s capture of Stony Point on the Hudson, 15 July. Postscript reads: “You will oblige me much, by suggesting to me such reflections, as occur to you on the subject of peace: not on the propriety of making it, if possible, but on terms, necessary for America to insist on.” RC ( DLC ); 1 p. Printed in part: Conway, Edmund Randolph , p. 39–40.
I do myself the honor of returning to your Excellency the papers referred to me, respecting the Portuguese snow captured by Captain Cunningham while Commander of the privateer Phœnix. The resolutions, entered into by Congress upon this Subject on the 21st. day of July 1779, call for public punishment, as well as private reparation; the former of which can be sought for upon no other principle...
As your excellency and the council probably have not access to Vattel, on whose doctrines this hasty answer is founded, I shall inclose the paragraph from his work, which treats of the right of soldiery to booty. They seem to amount to this: that booty does in strictness belong to the commonwealth; but that late usage has divided it among the captors, military stores excepted. Now I believe,...
Reflecting upon what I wrote this morning respecting the capture, made by the unarmed countrymen, I am inclined to think, that I was inaccurate. As well as I recollect, Vattel was said to be against their claim; but that daily usage was in favor of it. So far perhaps he is right. But if they have title to what they take; it is certainly wrong to affirm, that military stores are to be excepted....
I beg leave to remind your excellency of the situation of John Dean, a supposed fugitive from the lead mines, in defiance of the condition of his pardon. It is probable, that the actual abandonment of the place of labour will not be fixed upon him: ‘tho’ nothing can be more satisfactory, than that he had made preparations for flight. I say this upon the information of Colo. Lynch. Now I refer...
By the last post I suggested to you that our European affairs would probably bear greater delay than you apprehended. What you call your temporary disability will be removed early enough, to allow you to reach France by January. From Colo. Laurens’s account I am induced to believe, that Great Britain will never admit an American plenipotentiary into the congress, before which a general...
I was much distressed on the receipt of your late favor by Mrs. Randolph, to find your irrevocable purpose of sequestering yourself from public life. If you can justify this resolution to yourself, I am confident, that you cannot to the world. There remains now no alternative, but either to consign southern interests wholly to the management of our present ministers, or to interdict them from...
Your friendly overture of a correspondence; altho’ written on the 31st. Ulto. , did not reach me before the last evening. I pledge myself for furnishing all the intelligence, which the barrenness of this place can supply, fit for your attention. But for a late occurrence, the executive would languish for employment. A Mr. Geo. Hancock, a citizen of this commonwealth, assaulted and beat a Mr....
I have been forbidden by an unusual sensation in my head for some time past, to write a line, which the duties of my profession did not extort from me. This circumstance alone has hitherto prevented an answer to your last favor. The elections for this year have proved the readiness of the citizens to incorporate the military with the civil. I have heard of the success of seven military...
Your mission to Europe reached us the day before yesterday, and made me doubt whether you will not have sailed before my answer to your friendly letter by the last post shall get to hand. I had begun to transcribe for you the manuscript defence of our claim to western territory. I shall pursue the task, and forward it by some opportunity across the Atlantic. It is probable, that you will have...
Many unforeseen accidents, and particularly a long indisposition have occasioned the delay, which has occurred in the acknowledgment of your friendly attention in the present of books. Since the receipt of them, your favor concerning the capitol came to hand; after the most painful anxiety at the tardy movement of the plan to Virginia. We are at length relieved by its arrival. A council of...
When I came lately into office, I found two letters from your excellency to my predecessor unanswered. I cannot ascertain the dates, being at present unable to have recourse to them; but the subject of this address will point to the letters themselves. The executive are much indebted to you for your humane attention to Mercier : and I am authorized to assure you, that your disbursements shall...
The new arrangement, to which my aversion to the law has lately given birth, throws me into a new scene, which leaves me at leisure to testify my respect for you, by transmitting any intelligence, occurring here, worthy of your notice. At present, however, political action has ceased, and this state is in perfect tranquillity; the assembly having risen about a fortnight ago, and the public...
Mr. John Ammonett, who will deliver this letter into your hands, is a descendant from one of the French refugees, patronized and fixed here by King William. He has persuaded himself, upon seeing some publication or other, that restitution is to be made of all the property, which was abandoned by his ancestor. I know not, what testimonies he possesses of his right to inherit, but presume that...
Being on the point of my departure for Philadelphia, I have only time to inform your excellency, that the information given you by me in my last letter , concerning the bayonets, which were supposed to remain at Havre appears now to be without foundation. I am Sir with the highest respect yr. mo. ob. serv., RC ( DLC ); endorsed. FC ( Vi , Executive Letter Book). Not recorded in SJL , and...
I shall make a statement of my account with Mr. Mazzei, as soon as I return home; and will forward it to you. The encyclopedie I think a bargain, and shall retain it with pleasure. When we meet in N. York, I will pay you the price; stated in your late favor. I thank you for the map; and shall send the other maps, with two catgut battledores, to Mr. Donald. The senate have disagreed to the 3d....
I have examined the papers which you did me the honor of submitting to me yesterday, on the subject of the Georgia confiscations. But in the present mutilation of the necessary documents, it is impossible for me to form a satisfactory opinion. The act of May 1782 is not among the enclosures of Sir John Temple, but is the groundwork of the proceeding complained of. The last act appears in part...
The inclosed letter is from Charlton. If you approve it, let the sum be settled in what I owe you for the Encyclopedia; and I will send a receipt. Will the president be obliged to publish a proclamation in consequence of the Indian treaty? He desired me to inquire into this matter from you, as he wishes me to draw it, if to be issued. I am glad to hear, that you have shaken off your late...
The question is, whether any punishment can be inflicted on persons, treating with the Indian tribes, within the limits of the United States, for lands, lying within those limits; the preemption of which is vested in the United States? Extract from Edmund Randolph to George Washington, 12 Sep. 1791 ( DLC : Washington Papers). The provenance of this document is necessarily a matter of...
I took the liberty of mentioning to you the other day the application, which Mr. Telles’s friends had made, for his appointment to the office of consul in Lisbon, and which they wished me to assist. On recollecting, what passed between us, I suspect that I was not clearly understood in my statement of Mr. Telles’s situation. He can never sue the court or any individual of Lisbon. His suit is...
I have perused the abstract of the case of Thomas Pagan, which I received from you this morning. Altho’ I cannot entertain a momentary doubt of the facts, therein asserted; yet am I compelled by the rules of official responsibility, to request a copy of the record, from which those facts are derived, before I give an opinion on the subject. In procuring this record no time ought to be lost....
1. I cannot discover any existing authority, to make the deed to Pennsylvania . Congress must be resorted to . It is probable, that the landoffice is the true channel. 2. Metcalfe has undoubtedly committed murder on the high seas: and altho’ other nations might lay hold of him, and perhaps punish him; it seems to be the peculiar duty of the U.S., whose citizen he is, to disclaim the act, and...
The abstract, which I had the honor of putting into your hands this morning, was formed by a minute examination of the papers, relative to the case of Mr. Thomas Pagan. I am, as yet, unable to give a mature opinion. But it is easily discovered, that the refusal of an appeal to the supreme court of the United States constitutes a capital article of his complaints. If this course were ever open...
I suspect from the communication of the British Minister, dated on the 18th. of february 1792, that the reasons for delaying a definitive answer to his first memorial on the subject of Mr. Pagan, are not rightly understood. The principal allegations of Mr. Pagan are, that the true construction of the preliminary articles justified the seizure: that the pendency of the appeal in England ought...
The existence of the bill is, I believe, unquestionable. I remember to have heard my uncle speak of Mr. Montagu ’s communication . But I possess no copy, nor can I direct you to any place, where you can obtain it. Mr. Remsen some time ago sent a box, which for months past has been supposed to contain my papers. When I opened it, starch, instead of papers, was found to be the contents. I shall...
A cursory reading suggests for consideration the following hints. The above observations are too much hurried, to have any thing deserving reliance. MS ( DLC : TJ Papers, 98: 16775); in Randolph’s hand, with check marks and page references added by TJ; undated; endorsed by TJ: “E. Randolph’s notes.” This document, consisting of the Attorney General’s comments on TJ’s draft of his 29 May 1792...
I yesterday received a letter from my mother, painting an embarrassment in one of my father’s pecuniary affairs. The seriousness of its aspect has led me to asert myself for her relief. But until the first of July, I absolutely shall be unable; and her situation admits no delay. Excuse me then for begging your aid, until that day, as far as seven hundred dollars. I am to remit three hundred...
This morning I had the honor of receiving the letter of Mr. Van Berckel , with its inclosures addressed to you, complaining of the arrest of one of his servants. The law of nations, tho’ not specially adapted by the constitution, or any municipal act, is essentially a part of the law of the land. Its obligation commences and runs with the existence of a nation, subject to modifications on some...
Judge Wilson, to whom application was made for a citation in the writ of error, desired in Pagan’s case , has taken the subject into consideration again, at my instance. Not more than one half of the record was laid before him; and the portion, which he did not see, was the most important; as alone containing the matter, upon which a writ of error could be pressed. I cannot say, what may be...
Does not Marius on bills of exchange (p. 29) give satisfaction as to your bill; which I understand to have been drawn, payable to you or order, and similarly indorsed by you? Until my papers arrive from New-York, I cannot be more decisive in Leigh vs. West , than I have been. However, if Mr. John Brown, the clerk of the general court, will look into the order books during May’s and Pendleton’s...
The answer of the attorney general of the United States to the question propounded to him by the Secretary of State on the following case. By the constitution, the President shall nominate and by and with the advice and consent of the Senate shall appoint Ambassadors, &c, and all other officers of the United States whose appointments are not therein otherwise provided, and which shall be...
Mr. Wilson, after a consultation with his brethren, has allowed Pagan’s writ of error . No security is required, as he is in custody. His counsel and attorney are informed of this, and will, I presume, proceed without delay. I wrote to Mr. Madison , on the subject of the attack in Fenno’s paper, signed an American; expecting, that he would communicate the part of my letter at least to you. On...
The attorney-general of the United States has the honor of replying to the communication of the Secretary of State, on the 28th. Ultimo, concerning the proceedings of Captain Hickman, in bringing away from Martinique certain slaves, the property of residents there. Judging from the documents, which have been forwarded to him, the Attorney-general would not hesitate to pronounce, that a theft...
The letter and proclamation of the governor of North Carolina seem to afford a proper ground for the belief, that future intrusions on the lands of the U.S. need not be apprehended. Concerning these therefore nothing is necessary on my part. I do not find any difficulty in saying, that as to those, which have already taken place, the right of the U.S. is complete, to institute prosecutions....
Memoranda Neither of the two cases is cognizable in the U.S. criminaliter ; because they arose within the local jurisdictions of Florida and St. Domingo. Generally speaking; Incendiaries, poisoners, and other very high offenders may be demanded by the sovereign, from whose territory they fled; and ought to be delivered up; according to the law of nations. But no power exists in the U.S.; by...
Will you be so good as to tell me what answer to give to the interrogatory in the last sentence of this letter? [ Reply by Randolph: ] I do not see any absolute, or indeed probably necessity for the ancient treaties. But I am not certain, that it may not be satisfactory to have those, made with the state governments; since some of the commissioners are new in this kind of business; and might...
My communications to you in the case of Pagan against Hooper, combined with the facts, which have since occurred, will support me in saying, that as the law-officer of the United States, I have contributed every thing in my power to the relief of Pagan. You will recollect, that counsel was employed by him to move for a writ of error: that the first application was refused: that upon...
Would it be amiss to anticipate a suspicion, that the paper, mentioned in the 6th. line, was prepared and reserved for a fit opportunity of disgust? Suppose it to be designated, as an official paper? That the two loans were not consolidated by your opinion does not sufficiently appear. I understand the fact to be, that this was fixed, without calling in your judgment. If the two loans had not...
You will perceive from the two letters marked A and B, of which I enclose copies, that the subject of Mr. Pagan has been for some time in my view. The former of those letters being intended for you, and containing a summary of facts; I determined to shew it to Mr. Tilghman, who was Pagan’s Counsel, before it was sent to you, in order that he might correct any mistatement. This produced the...
To instruct Governor St. Clair 1. To transmit to Judge Turner any authentic intelligence, which he may have received, concerning the complaints of the people against his absence: 2. Or, if no such intelligence be possessed, to represent to Judge Turner, without undertaking to order in any manner, the inconvenience in a judicial view, which the Territory sustains by his absence: and 3. To...
There is, without doubt, a protection due to foreign built vessels, owned by American citizens ; altho’ they cannot claim the privileges, belonging to Vessels of the U.S. For the former are no less neutral property, than the latter. The usual evidence of the neutral ownership of vessels is a certificate from the officers of the customs; who may and in the papers, granted on clearing out,...
I cannot suffer my engagements in business, to interfere with a reply to the observations, with which you favored me, on the proposed letter to the collectors. For while I shall support, within my limited sphere, every just energy of government; I am solicitous, that my friends should ever believe, that I do support it, because it contributes to the essence of republicanism, and our fœderal...
A Perhaps the Secretary of State, revising the expression of this member of the sentence, will find terms to express his idea still more clearly and may avoid the use of a word of doubtful propriety “Contraventions.” B “but be attentive” C “mere” to be omitted D Considering that this Letter will probably become a matter of publicity to the world is it necessary to be so strong? Would not the...
A Perhaps the Secretary of State, revising the expression of this member of the sentence, will find terms to express his idea still more clearly and may avoid the use of a word of doubtful propriety “Contraventions” B “but be attentive” C “mere” to be omitted D Considering that this Letter will probably become a matter of publicity to the world is it necessary to be so strong? Would not the...
The attorney general of the U.S. has the honor of submitting to the secretary of state his opinion concerning the seizure of the ship Grange. The essential facts are, that the river Delaware takes its rise within the limits of the U.S: that in the whole of its descent to the Atlantic ocean, it is covered on each side by the territory of the U.S: that from tide water to the distance of about...
The 14th. article of our treaty with France has shut out all general reasoning from the law of nations, on the memorial of Benjamin Holland and Peter Mackie. The flour and meal were actually shipped after the declaration of war, made by France on the 1st. of february 1793. If the inquiry was to depend on their knowledge of the declaration, their relief would be very doubtful at least. But as...