Thomas Jefferson Papers

To Thomas Jefferson from Albert Gallatin, 13 June 1805

From Albert Gallatin

Treasury Department, 13. January [i.e. June] 1805.

Sir,

I have the honor to enclose the copy of a letter from the Collector of New-Orleans, giving an account of the rescue of the schooner Felicity from two New-Providence privateers.

The former circular letter of instructions, which the Collector has not yet received, related only to the services expected from the Cutters for the protection of the revenue. Neither the Masters of those vessels generally, nor Capt. Newcome particularly, were ever authorized or instructed to protect vessels against attacks committed by the belligerent Powers within the jurisdiction of the United States, much less to make re-captures. But they are authorized by law, to board & examine all vessels bound for the United States within four leagues of the coast, and, in case any Vessel liable to seizure or examination shall not bring to, to fire at or into such vessel. For a more detailed view of their duties, I beg leave to refer to the 98th, 99th, & 102nd. sections of the act to regulate the collection of duties on imports & tonnage, passed March 22nd. 1799. How far it may be necessary to animadvert on Capt. Newcome’s conduct, or to frame some instructions on the subject generally, is respectfully submitted.

I have the honor to be, with the highest respect, Sir, Your most obedt. Sert.

Albert Gallatin

RC (DLC); in a clerk’s hand, signed by Gallatin; misdated; at foot of text: “The President of the United States”; endorsed by TJ as a letter of “January (for June) 13. 05.” received from the Treasury Department on 14 June and “Newcome” and so recorded in SJL. Enclosure: probably William Brown to Gallatin, New Orleans, 27 Apr., enclosing a letter, not found, from Joseph Newcome, captain of the revenue cutter, detailing the rescue of the schooner Felicity and stating that he has not yet received copies of the 1791 instructions for captains of revenue cutters (Gallatin, Papers description begins Carl E. Prince and Helene E. Fineman, eds., The Papers of Albert Gallatin, microfilm edition in 46 reels, Philadelphia, 1969, and Supplement, Barbara B. Oberg, ed., reels 47-51, Wilmington, Del., 1985 description ends , 10:891).

circular letter: in a letter to Brown dated 16 Dec. 1804, Gallatin stated that he would forward a copy of Alexander Hamilton’s June 1791 instructions to the captains of revenue cutters (same, 372-3; Syrett, Hamilton description begins Harold C. Syrett and others, eds., The Papers of Alexander Hamilton, New York, 1961-87, 27 vols. description ends , 8:406-7, 426-33).

the act: Gallatin likely referred to “An Act to regulate the collection of duties on imports and tonnage” approved 2 Mch. 1799. The sections that Gallatin cited governed the number of officers and men for each cutter, set their jurisdiction within four leagues of the coast, and determined when it would be legal for a cutter to open fire on a vessel (U.S. Statutes at Large description begins Richard Peters, ed., The Public Statutes at Large of the United States … 1789 to March 3, 1845, Boston, 1855-56, 8 vols. description ends , 1:627, 699-701).

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