R XCVI.--TO MR. HAMMOND, February 25, 1792
TO MR. HAMMOND.
Philadelphia, February 25, 1792.
Sir,
I have now the honor to enclose you the answer of the Attorney General
to a letter I wrote him on the subject of yours of the 18th instant.
It appears that the judges of the Supreme Court of the United States are
open to the application of Mr. Pagan for a writ of error to revise his
case. This writ is to be granted, indeed, or refused, at the discretion
of the judge; but the discretion of the judge is governed by the rules
of law: if these be in favor of Mr. Pagan's application, his case
will be reviewed in the Supreme Court, and the decision against him
corrected, if wrong, if these be against his application, he will then
be at the end of the ordinary course of law, at which term alone it is
usual for nations to take up the cause of an individual, and to inquire
whether their judges have refused him justice. At present, therefore,
I am not able to say more, than that the judges of the Supreme Court
of the United States will receive Mr. Pagan's application for a writ of
error to revise the judgment given against him by the inferior court,
and that there can be no doubt they will do on that application what
shall be right.
I have the honor to be, with the highest esteem, your most obedient and
most humble servant.
Th: Jefferson.
LETTER XCVII.--TO MESSRS. JOHNSON, CARROL, AND STEWART, March 6, 1792
TO MESSRS. JOHNSON, CARROL, AND STEWART.
Philadelphia, March 6, 1792,
Gentlemen,
It having been found impracticable to employ Major L'Enfant about the
federal city, in that degree of subordination which was lawful and
proper, he has been notified that his services are at an end. It is now
proper that he should receive the reward of his past services; and the
wish that he should have no just cause of discontent, suggests that it
should be liberal. The President thinks of two thousand five hundred, or
three thousand dollars, but leaves the determination to you. Ellicot is
to go on, the week after, the next, to finish laying off the plan on
the ground, and surveying and platting the district. I have remonstrated
with him on the excess of five dollars a day and his expenses, and he
has proposed striking off the latter; but this also is left to you, and
to make the allowance retrospective. He is fully apprized that he is
entirely under your orders, and that there will be no person employed
but under
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