I am, with great respect and esteem, your most obedient, humble servant,
Th: Jefferson.
** The above meets the approbation of George Washington.
[* This letter was in cipher, but a literal copy of it
preserved.]
[** This is in the hand-writing of General Washington.]
LETTER CXLI.--TO MR. HAMMOND, April 18, 1793
TO MR. HAMMOND.
Philadelphia, April 18, 1793.
Sir,
I have now the honor to enclose you the answer of the Attorney General
to my letter covering yours of March the 12th, on the case of Hooper and
Pagan, wherein he has stated the proceedings of Pagan for obtaining a
writ of error from the Supreme Court of the United States, for revisal
of the judgment of the inferior court pronounced against him; and, also,
his opinion on the merits of the question, had the writ of error been
procured, and the merits thereby been brought into question. From this
statement you will be able to judge whether Pagan has, _bona fide_,
complied with the rule which requires that a foreigner, before he
applies for extraordinary interposition, should use his best endeavors
to obtain the justice he claims from the ordinary tribunals of the
country. You will perceive also, that had the writ been pressed for and
obtained, and the substantial justice of Pagan's claim thereby brought
into discussion, substantial justice would have been against him,
according to the opinion of the Attorney General, according to the
uniform decisions of the courts of the United States, even in the cases
of their own citizens, and according to the decision of this very case
in the British provincial court, where the evidence was taken and the
trial first had.
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