Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3Jefferson, Thomas
History
Memoir, Correspondence, and Miscellanies, From the Papers of Thomas Jefferson, Volume 3
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
The proceedings of the Supreme Judicial Court of Massachusetts Bay are
in direct violation of the rules and usages that have been universally
practised among nations in the determination of the validity of
captures, and of all collateral questions that may have reference
thereto. The General Court of Massachusetts Bay, among other things,
kept this point in view, when they referred the case of Mr. Pagan to
the consideration of the justices of the Supreme Judicial Court, and
authorized the court to grant a review of the action, if it should be
found that by the force and effect allowed by the law of nations to
foreign admiralty jurisdictions, Mr. Hooper ought not to have recovered
judgment against Mr. Pagan. But the Supreme Judicial Court have not
only evaded this material consideration, upon which the whole question
incontestably turns, but have assumed a fact in direct contradiction to
the truth of the case, viz. that the case did not involve a question of
prize or no prize. Moreover, they have denied Mr. Pagan the benefit
of appeal to that court which is competent to decide on the force of
treaties, and which court, by the constitution of the United States, is
declared to possess appellate jurisdiction both as to law and fact,
in all cases of controversy between citizens of the United States and
subjects of foreign countries, to which class this case is peculiarly
and strictly to be referred.
From the foregoing abstract of the case of Thomas Pagan, it appears that
he is now detained in prison, in Boston, in consequence of a judgment
given by a court which is not competent to decide upon his case, or
which, if competent, refused to admit the only evidence that ought to
have given jurisdiction, and that he is denied the means of appealing to
the highest court of judicature known in these States, which exists in
the very organization of the constitution of the United States, and
is declared to possess appellate jurisdiction in all cases of a nature
similar to this.
For these reasons, the undersigned begs leave respectfully to submit
the whole matter to the consideration of the Secretary of State, and to
request him to take such measures as may appear to him the best adapted
for the purpose of obtaining for the said Thomas Pagan, such speedy and
effectual redress as his case may seem to require.
George Hammond,
Philadelphia, November 26,1791.
LETTER LXXXVI.--TO MR. HAMMOND, December 5, 1791
TO MR. HAMMOND, _Minister Plenipotentiary of Great Britain_,
Philadelphia, December 5, 1791.
Sir,
Your favor of November the 30th remains still unanswered, because the
clerks are employed in copying some documents on the subject of the
treaty of peace, which I wish to exhibit to you with the answer.
Public-domain text, read in full here on John Shaqi.
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