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
pence lawful money, damages: and taxed costs, sixteen pounds two shillings
and ten pence. From this judgment, Pagan claimed an appeal to the supreme
judicial court of the United States of America, for these reasons: that
the judgment was given in an action brought by Hooper, who is, and at
the time of commencing the action was, a citizen of the commonwealth of
Massachusetts, one of the United States, against Pagan, who, at the time
when the action was commenced, was, and ever since has been, a subject
of the King of Great Britain, residing in and inhabiting his province of
New Brunswick. This claim of an appeal was not allowed, because it was
considered by the court, that this court was the supreme judicial court
of the commonwealth of Massachusetts, from whose judgment there is no
appeal; and further, because there does not exist any such court within
the United States of America as that to which Pagan has claimed an appeal
from the judgment of this court. Thereupon, execution issued against Pagan
on the 9th of October, 1789, and he has been confined in Boston prison
ever since.
It is to be observed, that in August, 1789, Mr. Pagan petitioned the
supreme judicial court of Massachusetts for a new trial, and after hearing
the arguments of counsel, a new trial was refused. On the 1st of January,
1791, his Britannic Majesty's consul at Boston applied for redress on
behalf of Mr. Pagan, to the Governor of Massachusetts Bay, who, in his
letter of the 28th of January, 1791, was pleased to recommend this matter
to the serious attention of the Senate and House of Representatives of
that State. On the 14th of February, 1791, the British consul memorialized
the Senate and House of Representatives on this subject. On the 22d of
February, a committee of both Houses reported a resolution, that the
memorial of the consul and message from the Governor, with all the papers,
be referred to the consideration of the justices of the supreme judicial
court, who were directed, as far as may be, to examine into and consider
the circumstances of the case, and if they found that by the force and
effect allowed by the law of nations to foreign admiralty jurisdictions,
&c., Hooper ought not to have recovered judgment against Pagan, the
court was authorized to grant a review of the action. On the 13th of
June, 1791, the British consul again represented to the Senate and House
of Representatives, that the justices of the supreme judicial court had
not been pleased to signify their decision on this subject, referred
to them by the resolution of the 22d of February. This representation
was considered by a committee of the Senate and of the House of
Representatives, who concluded that one of them should make inquiry of
some of the judges to know their determination, and upon being informed
that the judges intended to give their opinion, with their reasons, _in
writing_, the committee would not proceed any further in the business.
On the 27th of June, 1791, Mr.
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