Sir, I now return you the papers you were pleased to put into my hands, when you expressed to me your dissatisfaction that our court of admiralty had taken cognizance of a complaint of some Swedish sailors against their captain for cruelty.  If there was error in this proceeding, the law allows an appeal from that to the Supreme Court; but the appeal must be made in the forms of the law, which have nothing difficult in them.  You were certainly free to conduct the appeal yourself, without employing an advocate, but then you must do it in the usual form.  Courts of justice, all over the world, are held by the laws to proceed according to certain forms, which the good of the suitors themselves requires they should not be permitted to depart from.

I have further to observe to you, Sir, that this question lies altogether with the courts of justice; that the constitution of the United States having divided the powers of government into three branches, legislative, executive, and judiciary, and deposited each with a separate body of magistracy, forbidding either to interfere in the department of the other, the executive are not at liberty to intermeddle in the present question.  It must be ultimately decided by the Supreme Court.  If you think proper to carry it into that, you may be secure of the strictest justice from them.  Partialities they are not at liberty to show.  But for whatever may come before the executive, relative to your nation, I can assure you of every favor which may depend on their dispositions to cultivate harmony and a good understanding with it.

I have the honor to be, with great esteem, Sir, your most obedient and most humble servant,

Th:  Jefferson.

LETTER XLIX.—­TO M. DE PINTO, February 21,1791

TO M. DE PINTO.

Philadelphia, February 21,1791.

Sir,

I have duly received the letter of November the 30th, which your Excellency did me the honor to write, informing me that her Most Faithful Majesty had appointed Mr. Freire her minister resident with us, and stating the difficulty of meeting us in the exchange of a charge des affaires, the grade proposed on our part.  It is foreseen that a departure from our system in this instance will materially affect our arrangements with other nations; but the President of the United States has resolved to give her Majesty this proof of his desire to concur in whatever may best tend to promote that harmony and perfect friendship, so interesting to both countries.  He has, therefore, appointed Colonel Humphreys to be minister resident for the United States at the court of her Majesty.  This gentleman has long been of the President’s own family, and enjoys his particular confidence.  I make no doubt he will so conduct himself, as to give perfect satisfaction to her Majesty and yourself, and I therefore recommend him to your friendly attention and respect.  Mr. Freire will have every title to the same from us, and will assuredly receive it.  It is always with pleasure, that I repeat the homage of those sentiments of respect and esteem with which I have the honor to be your Excellency’s most obedient and most humble servant,