Gautham Rao Assistant Professor of History, American University nyu legal History Colloquium 10/2014
Download 260.85 Kb.
|
ASP-FR 2:607.
119 George Barnewell to James Madison, September 6, 1804, ASP-FR 2:607. Dennis v. The Lear, 7 F. Cas. 476, 477 (November, 1805). 120 No. 160, Maryland Insurance Company, Box 32, Folder 1, Causten-Pickett Papers. 121 Caleb Cushing, “Saint Domingo Cases,” [n.d.], Box 1, Folder “St. Domingo Cases,” Causten-Picket Papers, LOC-MSS. Killen & Williams to Robert and Alexander McKim, January 23, 1804, Fulwar Skipwith Correspondence, L-Q, Box 8, Causten-Pickett Papers. 122 Alexander McKim to Samuel Sterret and Mark Pringle, May 7, 1806, Baltimore Insurance Company Correspondence, Box 19, Causten-Pickett Papers. 123 This was not the first time Muhlenberg sought a third way between outright evasion of a federal revenue law and (purportedly) excessively punitive enforcement of the law. In 1802, when Muhlenberg had been the federal Supervisor of Revenue for Pennsylvania, he attempted to facilitate an interpretation of federal internal duties that would be favorable to Philadelphia sugar refiners. Crane, “Pennington v. Coxe,” 430-436. 124 Albert Gallatin to Thomas Jefferson, July 2, 1804, Writings of Albert Gallatin, 1:198. Joshua Michelangelo Stein, “The Right to Violence: Assault Prosecution in New York, 1760-1840,” Ph.D. Dissertation, University of California Los Angeles, 2009, 48-59. See Table 1-4: The Use of Bonds, 1800-1840 for an overview on the stunning demise of the bond for good behavior in the early republic. See also, Stein, “Privatizing Violence: A Transformation in the Jurisprudence of Assault,” Law and History Review, vol. 30, no. 2 (May, 2012), 443-7. 125 Gallatin to Jefferson, June 7, 1804, Writings of Gallatin, 1:194-5. Muhlenberg to Gallatin, quoted in Gallatin to Jefferson, July 2, 1805, ibid., 1:198-199. 126 Friend to Truth and Justice [pseud.], Examination of the Memorial of the Owners and Underwriters of the American Ship the New Jersey… (Philadelphia: s.n., 1805). Petition of Philip Nicklin & Robert E. Griffith, November 16, 1804, Philadelphia Forfeiture Appeals, RG 36 Entry 42-E-1-7-1.6, NARA-Phila. 127 United States v. Peters (1795), 3 U.S. 121, 131. United States v. Worrall, 2 U.S. 384, 400 (1798). See also, Preyer, “Jurisdiction to Punish,” 232. Richard Peters to Timothy Pickering, December 5, 1807, Box 1, Folder 3, Papers of Timothy Pickering, MHS. 128 Peters to Pickering, December 8, 1806, Box 1, Folder 3, Pickering Papers. 129 Annals of Congress, 8th Cong., 2nd Sess., 11 (November 8, 1804). Gallatin’s influence is seen in Albert Gallatin to Thomas Jefferson, October [n.d.], 1804, Writings of Albert Gallatin, 1:211. Thomas Jefferson to Thomas Paine, June 5, 1805, Writings of Thomas Jefferson, ed. Albert Ellery Bergh (Washington, D.C.: Thomas Jefferson Memorial Association, 1907), 11:81. 130 Annals of Congress, 8th Cong., 2nd Sess., 723 (draft bill; Clay); 812 (Eppes), 820 (Eppes), 834 (Jackson) (December 13 and December 14, 1804). 131 One Republican who took several positions on the legislation was Jacob Crowinshield After seeking to strengthen the bill’s punitive provisions in late November, Crowinshield sought to enervate the legislation in mid-December. After noting that the bill “was highly interesting to the merchants of the United States,” Crowinshield puzzled, “Why embarrass unnecessarily?” Annals of Congress, 8th Cong., 2nd Sess., 812, 826. 132 William Plumer, William Plumer’s Memorandum of Proceedings in the United States, 1803-1807, ed. Everett S. Brown (New York: DaCapo Press, 1969), 188, 189. Memorial of the New York Chamber of Commerce, December 21, 1804, reprinted in ASP: C&N 1:582. 133 Hickey, “America’s Response to the Slave Revolt in Haiit,” 373. See, Frank A. Cassell, Merchant Congressman in the Young Republic (Madison, Indiana: University of Wisconsin Press, 1971), 118-119, 119. 2 Statutes at Large 342 (March 3, 1805). It is worth noting that Smith’s daughter had married Otho Holland Williams, Gary Lawson Browne, Baltimore in the New Nation, 1789-1861 (Chapel Hill: University of North Carolina Press, 1980), 51. 134 4 June 1805 Voltaire, Foreign Outward Cargo Manifests, January 1805 to June 1805, Entry 1059, RG 36, NARA-Phila. My thanks to Dr. Michelle Mormul for drawing my attention to this document. For a general overview of Girard’s commercial prowess and the voyage of the Voltaire, see Albert J. Gares, “Stephen Girard’s West Indian Trade, 1789-1812,” Pennsylvania Magazine of History and Biography, vol. 72, no. 4 (Oct., 1948), 311-342, esp. 336. 135 Jefferson to Paine, June 5, 1805. Rose v. Himely, 20 F. Cas. 1179, 1181 (1805). 136 Annals of Congress, 9th Cong., 1st sess., 28-9 (December 20, 1805). Peter Linebaugh, “All the Atlantic Mountains Shook,” Labor/La Travailleur, vol. 10 (Autumn, 1982), 119. Notably, the Federalists, despite cultivating close ties with Touissant L’overture during the Quasi War, had worried about the possible effects of Haitian freedom on American slavery. Hickey, “America’s Response to the Slave Revolt in Haiti,” 375-6. 137 Plumer, 379. Jefferson expressed his fears about fraying relations with France in his annual message to Congress, Annals of Congress, 9th Cong., 1st Sess., 18-19 (December 10, 1805). See also, J. Holland Rose, “British West India Commerce as a Factor in the Napoleonic War,” Cambridge Historical Journal, vol. 31, no. 1 (1929), 39. 138 Samuel Latham Mitchill to Catherine Mitchill, n.d. [1806?] Samuel Latham Mitchill Papers, 1802-1815, Clements Library, University of Michigan [emphasis added]. 139 Annals of Congress, 510 (February 25, 1806). 140 David Gelston to Albert Gallatin, January 12, 1807, Box 5, Folder 5, Gelston Papers. Gabriel Christie to McLam Turner, November 11, 1806, Port of Baltimore, Letter Book/Record of Letters, 1806-1809, Series 1143, RG 36, NARA-Phila. See also, Gabriel Christie to Gabriel Duval, October 3, 1806, ibid. 141 Hickey, “America’s Response to the Slave Revolt in Haiti,” 378. David Gelston to Albert Gallatin, January 12, 1807, Box 5, Folder 5, Gelston Papers. For Gelston’s pursuit of this issue, see Gelston to Nathaniel Sanford, January 20, 1807, Box 15, Folder 6, Gelston Papers. 142 Logan admitted as much in a conversation with William Plumer on January 21, 1806, Plumer’s Memorandum, 387. 143 Hickey, “America’s Response to the Slave Revolt in Haiti,” 378. 144 Hamilton to Olney, April 2, 1793. 145 See, for instance, Noble E. Cunningham, Jr., Jefferson v. Hamilton: Confrontations that Shaped a Nation (New York: MacMillan, 2000). As a shorthand for political economic conflict, see John M. Murrin et al., Liberty, Equality, Power, A History of the American People: To 1877 (New York: Cengage Learning, 2008), 220-1. Directory: sites -> default -> files -> upload documents upload documents -> Torts Outline Daniel Ricks upload documents -> Torts outline Functions of Tort Law upload documents -> Constitutional Law (Yoshino, Fall 2009) Table of Contents upload documents -> Arrest: (1) pc? (2) Warrant required? upload documents -> Civil procedure outline upload documents -> Criminal Procedure: Police Investigation upload documents -> Regulation of Agricultural gmos in China upload documents -> Rodriguez Con Law Outline Judicial Review and Constitutional Interpretation upload documents -> Standing Justiciability (§ 501 Legal/beneficial owner of exclusive right? “Arising under” jx?) 46 Statute of Limitations Run? 46 Is Π an Author? 14 Is this a Work of Joint Authorship? 14 Is it a Work for Hire? upload documents -> Fed Courts Outline: 26 Pages Download 260.85 Kb. Share with your friends:
|