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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.

Quincy, 21 May, 1799.

Sir,—

Your favor of the 15th is received. I have no doubt that an offence, committed on board a public ship of war, on the high seas, is committed within the jurisdiction of the nation to whom the ship belongs. How far the President of the United States would be justifiable in directing the judge to deliver up the offender, is not clear.1 I have no objection to advise and request him to do it.

I am quite of your opinion of the prudence of withholding from the public Mr. Henry’s letter, and not insisting on Governor Davie’s formal acceptance at present, for the reason you adduce.2 I think, however, we ought to be informed that he will accept, when his acceptance shall become indispensable.

[1 ]The District Judge of South Carolina had declined to deliver up to Sir Hyde Parker, a seaman who had been engaged in a mutiny, and murder of the officers of the British frigate Hermione.

[2 ]Mr. Pickering says in his letter;

“I have this moment received your favor of the 8th instant, and will make out Governor Davie’s commission. But for the very reason that he is the Governor of North Carolina, and it is important to that State and to the Union that such a man should hold the reins of government there, I beg leave to suggest the expediency of not requiring his immediate acceptance of the commission, because it would vacate his office of Governor, while it remained uncertain whether he would be ever called to proceed on his mission to France. Perfect silence on the subject, at present, appearing to me most eligible, I further beg leave to ask whether it will not be eligible to suspend the publication of Governor Henry’s letter, until it shall be necessary to make public Governor Davie’s appointment.”