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Subject Area: Political Theory

GALLATIN TO JEFFERSON. - Albert Gallatin, The Writings of Albert Gallatin, vol. 1 [1879]

Edition used:

The Writings of Albert Gallatin, ed. Henry Adams (Philadelphia: J.B. Lippincott, 1879). 3 vols.

Part of: The Writings of Albert Gallatin, 3 vols.

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GALLATIN TO JEFFERSON.

Washington, 14th July, 1810.

Dear Sir,—

On my return from an excursion to my farm on the Monongahela, I found your letter of 30th May, applying for such papers relative to the Batture as might be in the office. It appears on inquiry and search that there were none, some printed documents excepted, which during my absence had been given to Mr. Graham to be transmitted to you with other papers from the Department of State, through which and the Attorney-General all the communications passed which related to that subject. As I had, however, particularly attended to it, both when the removal took place and during the discussions of last winter, I have prepared and now enclose a sketch of the case, in which I have stated the provisions of the law which authorized the President to act, and tried to arrange under distinct heads all the arguments which have been urged, or have occurred to my mind, respecting the merits of the case. Some of these are doubtless more plausible than substantial; but my object was to omit nothing, and to facilitate, by a short digest, the references to the voluminous publications on the subject, the selection of the points which it will be proper to make, and that of the evidence necessary to support them. Governor Claiborne, with whom I have conversed, will be in a few days at Monticello; and in reading over with him my sketch you may note the parol or written evidence which it is necessary to obtain, and which he will immediately take measures to obtain at New Orleans.

I also enclose these pamphlets, which you perhaps have not received with the others: Thierri’s translation, with the authenticated plans thereto annexed; Livingston’s publication (containing Dubigny’s and Duponceau’s opinions, together with those of the four other Philadelphia lawyers, which will show the probable grounds he means to take, and several documents, viz., the order of sale in 1763, the decree in his favor, &c.); and one of Poydras’s speeches, which, pages 14 and 15, contains the appraisement made, in 1797, of B. Gravier’s estate to John Gravier, his heir. The whole you will find is valued at 2570 dollars, and necessarily excludes the Batture.

I have forgotten in my sketch to state two points, viz., 1st, that you had taken the opinion of the Attorney-General; 2d, that you are not obliged to prove that E. Livingston had taken possession subsequent to 3d March, 1807, because the order to the marshal does not name Livingston, and directs him only to drive away those who had thus taken possession after said 3d March, 1807.

I presume the object of Livingston to be to obtain, at all events, a sideway decision in favor of his title, à la mode Marshall; but he will, I think, try to rest his title, and, indeed, to have the whole question decided, on the ground of the decision by the court of Orleans, as both rendering the President’s interference illegal and sufficiently proving his title. If practicable, and not interfering with the ground which will be selected by yourself and your lawyers, it would be desirable to compel him to prove his title (otherwise than by the Orleans court decree) ab ovo down to himself. I am sure that he cannot do it, either as to a clear title to the whole land having descended from the Crown to Gravier, or as to any description of boundaries along the river. Exclusively of what I have stated on that point, it may, I think, be proven that in 1788, when the suburb was laid out, there was no Batture along the lower part of it; and I believe that no title whatever can be produced for the upper part. See for this last point Dubigny, in the enclosed pamphlet, pages viii. and ix. Governor Claiborne will satisfy you as to the first. I do not believe that I have forgotten anything; but, as you may see that the subject is familiar to me, command me at any time if there is any point on which any explanation may be wanted.

With never-ceasing attachment and respect, yours truly.

Is it necessary to prove that E. Livingston’s claim was not filed with the land commissioners till after 1st January, 1808, and after the time limited for that purpose had expired? I think not; but if wanted it may easily be procured.