George Washington Papers

To George Washington from Timothy Pickering, 21 July 1796

From Timothy Pickering

Department of State July 21. 1796.

Sir,

On the receipt of your letter directing the mode suggested by the attorney general, of obtaining passports by American seamen, to be carried into effect, I communicated the same to the Secretary of the Treasury.1 We were both of opinion that the circular letter of instructions to the Collectors of the Customs would more properly be signed & transmitted by him than by me; the collectors being officers under the immediate superintendance of the Secretary of the Treasury; who was moreover required, by the act for the relief & protection of American seamen, to transmit it to the collectors.2 We believed the attorney general did not advert to this established arrangement; and persuaded that the adoption of the prescribed mode of executing the law, and not the medium of conveying your directions to the collectors, was the object of your solicitude, it was concluded that the signing & transmitting of the circular letter, containing those directions, should devolve on the Secretary of the Treasury.3 Were this to be done by the department of State, much inconvenience would result: for doubts will arise, in the progress of the business, & explanations be sought for: which will require an extended correspondence with a numerous set of officers between whom & the Secretary of State there is no relation. For these reasons we trust the course we have pursued will meet your approbation.4 With the highest respect I am, sir, your obt servt

Timothy Pickering

ALS, DNA: RG 59, Miscellaneous Letters; LB, DNA: RG 59, Domestic Letters; LB, DNA: RG 59, GW’s Correspondence with His Secretaries of State.

2Section 6 of the cited act required the secretary of state to transmit copies to foreign ministers and consuls and the secretary of the treasury to transmit copies to the collectors (1 Stat. description begins Richard Peters, ed. The Public Statutes at Large of the United States of America, from the Organization of the Government in 1789, to March 3, 1845 . . .. 8 vols. Boston, 1845-67. description ends 478).

3The printed circular letter dated 19 July from Secretary of the Treasury Oliver Wolcott, Jr., directed that those eligible “to be registered and furnished with certificates of citizenship” included “Free white persons born within the limits of the United States, or of any of them, and free white persons born in any foreign country but actually settled within the limits of the United States on” 3 Sept. 1783; “Persons naturalized pursuant to the laws of any of the United States prior to” 29 Jan. 1795; “Persons naturalized pursuant to the law of the United States passed on” 26 March 1790, “while it was in force.” Also eligible were “Persons naturalized pursuant to the law of the United States passed on” 29 Jan. 1795; “Children of citizens of the United States or any one of them, born at any place out of the limits of the United States;” and “Children of naturalized citizens, dwelling in the United States and under twenty one years of age at the time of such naturalization.” The circular then listed five methods to prove citizenship, including birth, baptismal, or naturalization certificates and affidavits from credible witnesses.

Wolcott continued: “In addition to the foregoing instructions, I think proper to recommend, that the Collectors cause the proofs of citizenship to be progressively numbered, as also the certificates which may be issued thereon. The books containing the Registry of the Certificates are to be kept alphabetically. …

“The Collectors will observe that they are to make known the provisions of the law to all masters of American vessels, entering and clearing in their offices, this may be done by affixing a copy of the Act in some conspicuous place in the several Custom Houses; all masters of American vessels are also before entry, to be required to declare on oath or affirmation, how far they have complied with the provisions of the law, and particularly whether any of their crews have been impressed or detained. In cases where impressment or detentions shall be disclosed by the oaths or affirmations of the masters; information of such impressments or detentions is to be transmitted to the Secretary of State” (CtHi: Oliver Wolcott, Jr., Papers).

4For GW’s reply, see his first letter to Pickering on 27 July.

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