The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
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The Writings of Thomas Jefferson, Vol. 5 (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
DEAR SIR,--I now return you the papers reserved from the last post. Our
regular answer to Mr. Livingston may well be, that the Attorney General
having given an official opinion that the right to the batture is in the
United States, and the matter being now referred to Congress, it is our
duty to keep the grounds clear of any adversary possession, until the
Legislature shall decide on it. I have carefully read Mr. Livingston's
printed memoir. He has shaken my opinion as to the line within the road
having been intended as a line of _boundary_ instead of its being a line
of _admeasurement_ only. But he establishes another fact by the testimony
of Fendeau, very fatal to his claim; to wit, that the high-water mark,
"batture, ou viennent _battre_ les eaux lorsqu elles sont dans leurs plus
grandes croissances," is the universal boundary of private grants on the
river.
Your observations on his allegations that Gravier's grant must be under
the Spanish law, because after the cession of the province by France to
Spain, though before delivery of possession, are conclusive. To which may
be added, that Louis XIV. having established the Constumes de Paris as
the law of Louisiana, this was not changed by the mere act of transfer;
on the contrary, the laws of France continued and continue to be the law
of the land, except where specially altered by some subsequent edict of
Spain or act of Congress. He has not in the least shaken the doctrine
that the bed of the river, and all the atterrissements or banks which
arise on it by the depositions of the river, are the property of the King
by a peculiarity in the law of France; so that nothing quoted from those
of Spain or the Roman law is of authority on that point. Affectionate
salutations.
TO THE SECRETARY OF THE TREASURY.
MONTICELLO, May 20, 1808.
Public-domain text, read in full here on John Shaqi.
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