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 enclose you a letter of information of what is passing on the
Canada line. To prevent it is, I suppose, beyond our means, but we must
try to harass the unprincipled agents, and punish as many as we can.
I transmit, also, the petition of Tyson and James, millers of Baltimore,
for permission to send a load of flour to New Orleans, to direct in
it what is regular, for I do not see any circumstance in the case
sufficiently peculiar to take it out of the rule. If their views are
honest, as I suppose them to be, it would be a great relief to them to
be permitted, by giving bond for an increased valuation, to send their
flour to its destination, and equal relief to us from these tormenting
applications. Yet, as the other gentlemen seemed not satisfied that
it would be legal, I would not have it done on my own opinion alone,
however firmly I am persuaded of its legality. Could you not in the way
of conversation with some of the sound lawyers of New York, find what
would be then _primâ facie_ opinion, and if encouraged by that, we may
take the opinion of the Attorney General, and others. The questions to be
solved are,--first: To what place should the valuation refer? and second:
Would too high a valuation render the bond null in law? On the first, I
observe that the law says that bond shall be given in double the value,
&c., without saying whether its value _here_, or at the _place of sale_,
is meant; that, generally speaking, its value _here_ would be understood;
but that whenever the words of a law will bear two meanings, one of which
will give effect to the law, and the other will defeat it, the former
must be supposed to have been intended by the Legislature, because they
could not intend that meaning, which would defeat their intention, in
passing that law; and in a statute, as in a will, the intention of the
party is to be sought after. On the second point we would ask, who is to
value the cargo on which the bond is to be taken? Certainly the collector,
either by himself or his agents. When the bond is put in suit it must be
recovered. Neither judge nor jury can go into the question of the value
of the cargo. If anybody could, it would be the chancellor; but his maxim
is never to lend his power in support of fraud or wrong. The common law
could only give a remedy on an action for damages, as, for instance, if a
collector, by requiring too large security, prevents a party from clearing
out, damages might be recovered. But in the case in question, the consent
of the party would take away the error, and besides, as the voyage takes
place, no damages for preventing it can be recovered. These are general
considerations to be brought into view in such a conversation, which,
indeed would occur to every lawyer who turned his mind to the subject
at all. It would be a most important construction for the relief of the
honest merchant, to whom the amount of bond is important, and to us, also,
Public-domain text, read in full here on John Shaqi.
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