The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 3 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Sir,--I have considered your application for sea letters for the ship
Eliza, and examined into the precedents which you supposed might influence
the determination. The resolution of Congress, which imposes this duty
on the Secretary for Foreign Affairs, provides expressly, "that it be
made to appear to him by oath or affirmation, or _by such other evidence
as shall by him be deemed satisfactory_, that the vessel is commanded
by officers, citizens of the United States." Your affidavit satisfies me
that one of the officers is a citizen of the United States; but you are
unacquainted with the others and without evidence as to them, and even
without a presumption that they are citizens, except so far as arises
on the circumstances of the captain's being an American, and the ship
sailing from an American port. Now, I cannot in my conscience say, that
this is _evidence of the fact, satisfactory to my mind_. The precedents
of relaxation by Mr. Jay, were all between the date of the resolution
of Congress (February the 12th, 1788) and his public advertisement,
announcing the evidence which must be produced. Since this last, the
proceedings have been uniform and exact. Having perfect confidence in your
good faith, and therefore without a suspicion of any fraud intended in
the present case, I could have wished sincerely to grant the sea letter;
but besides the letter of the law which ties me down, the public security
against a partial dispensation of justice, depends on its being dispensed
by certain rules. The slightest deviation in one circumstance, becomes
a precedent for another, that for a third, and so on, without bounds. A
relaxation in a case where it is certain no fraud is intended, is laid
hold of by others, afterwards, to cover fraud. I hope, therefore, you
will be sensible of the necessity of my adhering to the rules which have
been published and practised by my predecessor; and that I am with great
respect, Sir, your most obedient, and most humble servant.
TO DOCTOR WILLARD.
New York, April 1, 1790.
I have duly received the letter wherein you are so good as to notify
to me the honor done me by the American Academy of Arts and Sciences,
in electing me one of their members, together with the diploma therein
enclosed; and I beg leave through you, Sir, to return to the Academy the
homage of my thanks for their favor, and to express to them the grateful
sense I have of it. I only regret the small prospect I have of being
useful to them, engaged as I continually am in occupations less pleasing
to me, and which would be better performed by others. Unacquainted with
the duties which the election into your Academy imposes on me, I can only
express my desire of fulfilling them on their being made to me.
Public-domain text, read in full here on John Shaqi.
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