From Thomas Jefferson to the Senate and the House of Representatives, 5 February 1805
To the Senate and
the House of Representatives
To the Senate and House of Representatives
of the United States
The Secretary of State has lately recieved a note from the Danish Chargé des affaires, claiming, in the name of his government, restitution, in the case of the brig Henrich, communicated to Congress at a former session; in which note were transmitted sundry documents, chiefly relating to the value and neutral character of the vessel, and to the question Whether the judicial proceedings1 were instituted and conducted without the concurrence of the Captain of the Henrich. as these documents appear to form a necessary appendage to those already before Congress, and throw additional light on the subject,2 I transmit copies of them herewith.
Th: Jefferson
Feb. 5. 1805.
RC (DNA: RG 46, LPPM, 8th Cong., 2d sess.). RC (DNA: RG 233, PM, 8th Cong., 2d sess.). PoC (DLC). Dft (same); in Jacob Wagner’s hand, with heading and one emendation by TJ (see note 2 below). Enclosures: (1) Statements pertaining to the seizure of the Danish brig Hendrick, including: deposition of U.S. agent David M. Clarkson confirming that the Hendrick’s master, Peter Scheelt, always asserted neutrality; Clarkson’s communication that Scheelt probably never received legal notification of the adjudication; attestations on Clarkson’s testimony; a sworn statement by the owner of the Hendrick asserting the neutrality of the vessel and itemizing his losses; and attestations, dated 1 June 1799, of councillors of Altona in support of the owner’s declaration of neutrality (Tr in DNA: RG 233, PM; PrC of Tr in DNA: RG 46, LPPM; printed in , Foreign Relations, 2:609-10). (2) Documents attesting to the neutral character and value of the Hendrick and its cargo, including the agreement between Scheelt and the brig’s owner and other interested parties; the vessel’s insurance policy; a statement by the carpenter who performed repairs and modifications on the vessel in June 1799 in Altona; and a notarization dated 8 Nov. 1803 (Tr in DNA: RG 233, PM; PrC of Tr in DNA: RG 46, LPPM).
lately recieved a note: Peder Pedersen to Madison, 10 Nov. 1804 ( , Sec. of State Ser., 8:276-8).
For the case of the Danish brig Hendrick (Henrich), see Vol. 39:495n, 560-1, 564-5. On this day, Isaac Coles delivered TJ’s message and the accompanying documents to the House and Senate. The Senate ordered them to lie for consideration, while the House referred them to the Committee of Claims, which reported back on 20 Feb. Delaying action until the first session of the Ninth Congress, the House eventually passed a bill authorizing the president to pay up to $3,000 in restitution. The Senate rejected the bill on 21 Mch. 1806 (, 5:119-20, 146, 297-8, 301-2; , 3:447; 4:61-2).
1. Dft includes here “at the Island of St. Christopher.”
2. Preceding seven words interlined by TJ in Dft.