To Thomas Jefferson from Albert Gallatin, 9 May 1805
From Albert Gallatin
9th May 1805
Dear Sir
I enclose Mr Sandford’s answer respecting a district judge. Van Wyke is certainly very young, not above 25; he is Gen. Van Cortland’s nephew and has the negative recommendation of being neither a Livingston nor a Clinton. The persons proposed are therefore—
Brokholst Livingston
George Clinton junr.
Tallmage—(Govr. Clinton’s son in law & would both in New York & in the State be preferred to George)
Van Wyke
I must repeat that I will not consider the revenue as very safe under B. Livingston. His decision, as a State judge, in the case of the Sandy hook beacons was very inimical, & at the time ascribed by some to E. Livingston’s removal.
If you continue of opinion that Swartwout shall be removed unless he pays, and you will be pleased to direct a commission in the name of Peter A. Schenk, the person recommended by DeWitt Clinton, to be sent to me, I will transmit it to Mr Sanford, with instructions to give it, unless Mr Swartwout shall make payment within a limited time—
I have received Latrobe’s plan of fire proof building, but cannot understand it fully without referring to the general sketch which he has sent you. I will do myself the pleasure to wait on you to morrow for that purpose; but I had expected that he would come & stay here a few days. Of Tatham’s fitness for any actual employment I cannot judge. He has certainly genius, but the appearance of something bordering on mental derangement. I may be mistaken & would like to know.
With great respect Your obedt. Servt.
Albert Gallatin
RC (DLC); at foot of text: “The President of the United States”; endorsed by TJ as received from the Treasury Department on 9 May and “Vanwyck. Swartwout. Schenk. offices. Tatham” and so recorded in SJL. Enclosure: Nathan Sanford to Gallatin, 4 May, acknowledging Gallatin’s letter of 30 Apr. and recommending Pierre C. Van Wyck for the office of U.S. district judge, even though he is “young in life and young in the profession”; Van Wyck will accept if appointed (DNA: RG 59, LAR; endorsed by TJ: “Van Wyck Pierre C. to be judge N.Y.”).
A recommendation of George Clinton, Jr., from Samuel Osgood, dated 7 Feb., has not been found (see Vol. 45: Appendix IV).
For the case of the Sandy hook beacons, see Gallatin to TJ, 3 Feb. 1804. Edward Livingston’s removal as U.S. attorney for New York took place during summer 1803 (Vol. 38:123n; Vol. 41:63).
Gallatin wrote to DeWitt Clinton on 13 May, acknowledging his letter of 1 May and informing him that a commission for Peter A. Schenck (Schenk) would be made out and sent to U.S. attorney Nathan Sanford, “to be used only in case Mr Swartwout shall not pay the public monies in his hands; that being the contingency on which the President has decided that his continuance in office should depend” (, 11:52).
Latrobe’s plan: see Benjamin H. Latrobe to TJ, 5 May.
Tatham’s fitness: see Gallatin to TJ, 24 Apr. (second letter).