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 return you the papers of Fanning, Lesdernier, and Sacket.
With respect to Fanning's case, the true key for the construction of
everything doubtful in a law, is the intention of the law-makers. This is
most safely gathered from the words, but may be sought also in extraneous
circumstances, provided they do not contradict the express words of the
law. We certainly know that the Legislature meant that vessels might
go out to bring home property, but not to commence a new career of
commerce. The bringing home the property being the main object, if it
be in an impracticable form, it expects the intention of the law to let
it be commuted into a practicable form; and so from an inconvenient to a
convenient form. To prevent any abuse of this accommodation, by entering
into a new operation of commerce with it, the discretionary permission
is left to the President. I think the conversion of the sandal wood into
a more portable form in this case, is fulfilling the object of the law,
and that it is immaterial whether that be done in the Friendly Islands,
where the wood now is, or wherever by the way it can be better done.
Consequently, that permission may be granted. I hope you will spare no
pains or expense to bring the rascals of Passamaquoddy to justice, and if
more force be necessary, agree on the subject with General Dearborne or
Mr. Smith, as to any aid they can spare, and let it go without waiting
to consult me. Let the successor to Sacket also be commissioned without
waiting for my opinion, which will be yours. Should a pardon be granted
to Russell, I generally but not invariably require a recommendation from
the judges. I shall be ready to consider any propositions you may make for
mitigating the embargo law of April 25th, but so only as not to defeat
the object of the law. I shall be ready to make a distinction between
provisions, timber, naval stores, and such things, as by the exaggerated
prices they have got to in foreign markets, would enable infactors to pay
all forfeitures and still make great profit, and cotton and such other
articles as have not got to such prices. I am for going substantially to
the object of the law, and no further; perhaps a little more earnestly
because it is the first expedient, and it is of great importance to know
its full effect.
I salute you with constant affection and respect.
TO THE SECRETARY AT WAR.
MONTICELLO, May 20, 1808.
Public-domain text, read in full here on John Shaqi.
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