Thomas Jefferson Papers

To Thomas Jefferson from Albert Gallatin, 3 February 1804

From Albert Gallatin

Feb. 3. 1804

Dear Sir

Hartshorne has recovered 750 dollars damages against the United States for the trespass committed in lighting the beacon near Sandy hook; and he will renew his actions continually on the same ground. The damages are absurd, as the injury done by hanging a lanthern on the beach of his barren tract could not be estimated at one cent; and our expectation had all along been that every jury, especially in New York, would give nominal damages. At present, however, as the New Jersey legislature has done nothing, there are but two ways, either to order the light in the beacon to be discontinued or to accede to his terms which are about ten times higher than the highest price Govt. ever gave for land for light houses. Either way is bad enough, and in order to place the whole subject before you I enclose the whole correspondence with Hartshorne, Gelston & Bloomfield.

Respectfully Your obedt. Servt.

Albert Gallatin

RC (DLC); at foot of text: “The President of the United States”; endorsed by TJ as received from the Treasury Department on 3 Feb. and “Hartshorne’s case” and so recorded in SJL. Enclosures not found, but see below.

The Sandy Hook lighthouse, in New Jersey at the entrance to New York harbor, stood on four acres of land ceded to the United States, but authorities found it necessary to erect two beacons on land still owned by proprietors, the principal being Richard hartshorne. Gallatin asserted that Hartshorne refused “to sell on reasonable terms.” In 1801, the owners thought $2,000 an appropriate sum. In August 1802, after the first beacon was erected, they brought suit and obtained $100 in damages for trespass. renew his actions: on 16 Feb., David Gelston, the collector in charge of Sandy Hook, informed Gallatin that Hartshorne had commenced two new suits against him for trespass (New-York Evening Post, 6 Apr. 1804; 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 , 47:1056-7; Vol. 35:738; Gallatin to TJ, 15 Nov. 1805).

damages are absurd: Gallatin held Brockholst Livingston, a New York Supreme Court justice, responsible for the $750 award against the United States (Gallatin to TJ, 9 May 1805).

On 18 Feb., Gelston informed Hartshorne that the lights were to be discontinued and, if he required it, the two beacons would be immediately removed. Hartshorne replied that the proprietors thought the enhanced safety provided by the beacons would encourage the government to negotiate. He wanted it understood “that if any injury should result to individuals, or the public from the removal of those lights, it may not be attributed to the proprietors, who have always been, and are still willing to sell the property to the public for a reasonable price.” Newspapers noted that William P. Schenck, the lighthouse keeper at Sandy Hook, had received orders “not to light the two beacons on the point of that place.” The report continued: “We do not know the cause of this extraordinary measure. Those lights are of as much consequence as that in the Light-House” (New-York Commercial Advertiser, 3 Mch.; New-York Herald, 7 Mch.; New-York Evening Post, 6 Apr. 1804; Vol. 38:446-7n). On 11 Apr., Gelston wrote the Treasury secretary that large meetings were being held and he was “pressed hard to permit the beacons to be lighted.” He continued, “I feel an anxiety to hear from you, as I can say nothing to the repeated applications.” The beacons were soon operating again. Gallatin convinced insurance companies to make a private agreement with Hartshorne to continue the lights until the dispute was resolved. The new jersey legislature subsequently passed an act to enable the government’s purchase of the land (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 , 9:489; Gallatin to TJ, 15 Nov. 1805).

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