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Subject Area: Political Theory
Topic: The American Revolution and Constitution

TO T. PICKERING, SECRETARY OF STATE. - John Adams, The Works of John Adams, vol. 8 (Letters and State Papers 1782-1799) [1853]

Edition used:

The Works of John Adams, Second President of the United States: with a Life of the Author, Notes and Illustrations, by his Grandson Charles Francis Adams (Boston: Little, Brown and Co., 1856). 10 volumes. Vol. 8.

Part of: The Works of John Adams, 10 vols.

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TO T. PICKERING, SECRETARY OF STATE.

I have received your favor of the 11th, and return you three warrants signed, which you may fill up for General Collot, Mr. Schweitzer, and the person mentioned in Mr. King’s letter, if he is to be found.

I could trust the heads of department with this power, rather than my own judgment. But, I think, we ought to give the act a strict construction, and therefore doubt the propriety of delegating the authority.1

I am cheerfully of Mr. Wolcott’s opinion, that the Secretary of State ought to be the person intrusted with the taking of the proofs permitted to be given by aliens to establish their innocence, in order to obtain licenses to remain in the United States, for all cases within a reasonable distance from the seat of government, and hereby authorize and request you to insert the Secretary of State accordingly.2

Inclosed is a power to you to attend to the business of the navy office in the absence of Mr. Stoddert.

[1 ]This was in answer to the following application by Mr. Pickering:

“I have now the honor to inclose some copies of an order for requiring the departure of aliens, pursuant to the act of Congress, passed the 25th of June last. If the form of the order meets your approbation, I respectfully submit to your consideration, whether, during your absence from the seat of government, it may not be expedient to authorize the heads of departments to confer and decide on such alien cases as shall appear to require despatch. Should you think the law admits of this delegation of authority, and it should at the same time appear to you expedient, you will be pleased to sign and return the blank orders now inclosed.”

[2 ]A second letter of the same date suggested that, in case of the President’s having a doubt of the expediency or legality of delegating the power under the alien law, he should sign orders for the three persons designated; and it further mentioned the opinion of Mr. Wolcott, which Mr. Adams confirms.