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
I have now the honor to enclose you the answer of the Attorney General
to my letter covering yours of March the 12th, on the case of Hooper and
Pagan, wherein he has stated the proceedings of Pagan for obtaining a
writ of error from the Supreme Court of the United States, for revisal
of the judgment of the inferior court pronounced against him; and, also,
his opinion on the merits of the question, had the writ of error been
procured, and the merits thereby been brought into question. From this
statement you will be able to judge whether Pagan has, _bonâ fide_,
complied with the rule which requires that a foreigner, before he
applies for extraordinary interposition, should use his best endeavors
to obtain the justice he claims from the ordinary tribunals of the
country. You will perceive also, that had the writ been pressed for and
obtained, and the substantial justice of Pagan’s claim thereby brought
into discussion, substantial justice would have been against him,
according to the opinion of the Attorney General, according to the
uniform decisions of the courts of the United States, even in the cases
of their own citizens, and according to the decision of this very case
in the British provincial court, where the evidence was taken and the
trial first had. This does not appear then to be one of those cases of
gross and palpable wrong, ascribable only to wickedness of the heart,
and not to error of the head, in the judges who have decided on it,
and founding a claim of national satisfaction. At least, that it is so,
remains yet to be demonstrated.
The readiness with which the government of the United States has entered
into inquiries concerning the case of Mr. Pagan, even before that case
was ripe for their interposition, according to ordinary rules, will, I
hope, satisfy you that they would, with equal readiness, have done for
the redress of his case whatever the laws and constitution would have
permitted them to do, had it appeared in the result that their courts
had been guilty of partiality or other gross wrong against Mr. Pagan.
On the contrary, it is hoped, that the marked attentions which have been
shown to him by the government of Massachusetts, as well as by that of
the United States, have evinced, the most scrupulous dispositions to
patronize and effectuate his right, had right been on his side.
I have the honor to be, with due respect, Sir, your most humble servant,
Th: Jefferson.
[The letter of the Attorney General, referred to in the
preceding.]
TO THE SECRETARY OF STATE.
Philadelphia, April 12, 1793.
Sir,
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