unacquainted with the others, and without evidence as to them, and even
without a presumption that they are citizens, except so far as arises
on the circumstances of the captain's being an American, and the ship
sailing from an American port. Now, I cannot in my conscience say, that
this is evidence of the fact, satisfactory to my mind. The precedents
of relaxation by Mr. Jay, were all between the date of the resolution
of Congress (February the 12th, 1788) and his public advertisement,
announcing the evidence which must be produced. Since this last, the
proceedings have been uniform and exact. Having perfect confidence in
your good faith, and therefore without a suspicion of any fraud
intended in the present case, I could have wished sincerely to grant the
sea-letter; but besides the letter of the law which ties me down, the
public security against a partial dispensation of justice, depends on
its being dispensed by certain rules. The slightest deviation in one
circumstance, becomes a precedent for another, that for a third, and so
on without bounds. A relaxation in a case where it is certain no fraud
is intended, is laid hold of by others, afterwards, to cover fraud. I
hope, therefore, you will be sensible of the necessity of my adhering to
the rules which have been published and practised by my predecessor; and
that I am with great respect, Sir, your most obedient and most humble
servant,

Th: Jefferson.




LETTER XXII.--TO THE COUNT DE MONTMORIN, April 6, 1790