The Writings of Thomas Jefferson, Vol. 5 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
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
Mr. Smith will send you some British complaints on our fortifying Moose
Islands, and the kind of answer recommended on consultation with the heads
of departments.
We have such complaints of the breach of embargo by fraud and force on our
northern water line, that I must pray your co-operation with the Secretary
of the Treasury by rendezvousing as many new recruits as you can in that
quarter. The Osage brought us nothing in the least interesting. I salute
you with affection and respect.
TO HIS EXCELLENCY GOVERNOR PINCKNEY.
WASHINGTON, July 18, 1808.
DEAR SIR,--Your favor of May 28 has been duly received, and in it the
proceeding of the Court on the mandamus to the collector of Charleston. I
saw them with great concern because of the quarter from whence they came,
and where they could not be ascribed to any political waywardness.
The Legislature having found, after repeated trials, that no general
rules could be formed which fraud and avarice would not elude, concluded
to leave, in those who were to execute the power, a discretionary power
paramount to all their general rules. This discretion was of necessity
lodged with the collector in the first instance, but referred, finally, to
the President, lest there should be as many measures of law or discretion
for our citizens as there were collectors of districts. In order that the
first decisions by the collectors might also be as uniform as possible,
and that the inconveniences of temporary detention might be imposed by
general and equal rules throughout the States, we thought it advisable to
draw some outlines for the government of the discretion of the collectors,
and to bring them all to one tally.
With this view they were advised to consider all shipments of flour _primâ
facie_, as suspicious. Because, if pretended to be for a State which made
enough within itself, it could not, in these times, but be suspicious,
and, if for a State which needed importations, we had provided, by the aid
of the Governors of those States, a criterion for that case.
But your collector seems to have decided for himself that, instead of
a general rule applicable equally to all, the personal character of the
shipper was a better criterion, and his own individual opinion too, of
that character.
Public-domain text, read in full here on John Shaqi.
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