October 18, 1808.
I think that none of the circumstances, preceding the passage of the embargo law, stated by Mr. Lorent, make any part of his case. The misfortunes entering into the preceding history of that property, not flowing from any act of this government, authorizes no claims on it. The embargo law excepted from its own operation articles then laden on board a foreign ship, without distinguishing between articles of foreign or national property. It subjected to its operation all articles, whether foreign or national property, not then laden on board any foreign ship. Mr. Lorent's property was not then laden on board of any foreign ship, is therefore within the words of the law, and as certainly within its purview. It is not one of those cases which, though within the words of the law, were notoriously not within its intention, and are therefore relievable by an equitable exercise of discretionary power. Affectionate salutations.
TO MR. SMITH.
October 19, 1808.
I enclose you a petition of the widow Bennet for the liberation of her son at Boston, a minor, or for a moiety of three months' pay, to enable her to go to another son. I think when her case was formerly before us, she was said to be a woman of ill fame, and that her son did not wish to return to her. Still, however, the mother, if there be no father, is the natural guardian, and is legally entitled to the custody and the earnings of her son. If she were to make her demand legally for both or either, she would prevail. May it not be for the benefit of the son and of the service, to compromise by paying the sixteen dollars, and taking a regular relinquishment or transfer of her rights to the body of her son, and his earnings in future, so that we may have no more to do with her. This is referred to Mr. Smith's consideration. Affectionate salutations.
TO MR. GALLATIN.
October 19, 1808.
Is the case proposed by Mr. Wolcott left by the law at the discretion of anybody? The law makes it the duty of the Collector to detain if he suspects an intention to export to a foreign market, à fortiori if that intention be avowed. It is true that the first step proposed is only to go to another district, but declared to be preparatory to an exportation to the West Indies. It is true also that they say they do not mean to export until the law is repealed. But ought we under that cover to facilitate those illegal views which our experience has proved to be so general? Still, if there be any sound ground on which the permission can be given, I would rather make it the subject of consultation with you, than to have the present understood to be a final decision. Affectionate salutations.
TO MR. JAMES MAIN.
Washington, October 19, 1808.