Thomas Jefferson Papers

Memorandum from Albert Gallatin, 7 November 1804

Memorandum from Albert Gallatin

[7 Nov. 1804]

[in Jacob Wagner’s hand:]

Mr. Pinckney

Mr. Gore made no application respecting the exemption of his furniture or baggage from duty. It is not even known at the Dep. State, that any returning American Minister Plenipotentiary has claimed such exemption.


[in Gallatin’s hand:]

I believe that, in the case of Mr Gore a different construction took place than on the arrival of Mr Trumbull

MS (DLC: TJ Papers, 146:25379); undated; endorsed by TJ as received from the Treasury Department on 7 Nov. and “W. Pinckny” and so recorded in SJL with notation “W Pinckney’s baggage.”

William Pinkney, Christopher Gore, and John Trumbull were members of a commission set up under the Jay Treaty to settle maritime claims with England. All three men returned to the United States in 1804, Gore and Trumbull in the spring and Pinkney in late October (Baltimore Telegraphe and Daily Advertiser, 5 Nov.; Madison, Papers description begins William T. Hutchinson, Robert A. Rutland, J. C. A. Stagg, and others, eds., The Papers of James Madison, Chicago and Charlottesville, 1962- , 41 vols.; Sec. of State Ser., 1986- , 11 vols.; Pres. Ser., 1984- , 10 vols.; Ret. Ser., 2009- , 3 vols. description ends , Sec. of State Ser., 6:539; 7:74; Vol. 37:57-60).

Gallatin raised the question of exemption in an undated note in TJ’s papers: “Information of the construction given to the law on the arrival of Mr. Gore—Was any part of his baggage, besides what is called personal baggage, exempted from duty? Did he not apply to the Department of State? What answer was given?” (MS in DLC: TJ Papers, 146:25375; in Gallatin’s hand). That note was most likely prompted by a 3 Nov. inquiry from Pinkney to Gallatin, not found, about his own baggage, to which Gallatin replied on 9 Nov. In his response, the Treasury secretary advised Pinkney that he did not think “your public character as American Commissioner exempts from duty those articles which are not by law declared to be duty free,” adding that “in such cases, the Collector will doubtless give a liberal construction to the descriptive words ‘personal baggage.’ ” Pinkney forwarded Gallatin’s letter to the Baltimore collector, Robert Purviance, for consideration (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 , 10:240).

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