From James Madison to Nathan Sanford, 21 March 1806 (Abstract)
To Nathan Sanford, 21 March 1806 (Abstract)
§ To Nathan Sanford. 21 March 1806, Department of State. “The examinations of the parties concerned in fitting out the Leander having been laid before the Attorney General, I enclose a copy of a letter containing his observations upon the case,1 which may prove of use in the sequel of the prosecution. Considering the serious nature of the offence and the standing in society of some of the accused, the President authorizes you to retain as an assistant any able counsel you may approve.”
Letterbook copy (DNA: RG 59, DL, vol. 15). 1 p.
1. JM probably enclosed a copy of John Breckinridge to Jefferson, 18 Mar. 1806, stating that “the laws of the United States have been flagrantly violated,” and denouncing the apparent defense offered by the accused that they were told by Miranda that he was acting with the knowledge and approval of the administration. Breckinridge added that admitting such a defense in any court would allow a defendant alleging this to “claim the right to call upon any of the high officers of the Government to justify his defence, or to exculpate themselves. A practice so embarrassing and humiliating cannot possibly, I presume, be attempted to be introduced in any court whatever” (printed in Hall, Official Opinions of the Attorneys General, 5:695–96).