- Tracy— Phineas L
- Jackson— John
- Jones— Roger
- Crane— Major J. B.
- Clay— Henry.
After several days of Summer heat, the temperature of Winter has
returned, and I walked this morning round the Capitol Square, with Sleet
and Snow, which continued at intervals through the day— I paid a short
visit to my Eastern Seedling bed in the garden, but there has been no
new sign of vegetation since yesterday, nor have any of the fruit trees
appeared to acquire any additional growth since I discovered them a week
since— My experiments of planting last Summer, failed, with the
exception of two apple-trees raised from seeds in flower Pots; and half
a dozen Orange-trees, raised in glass tumblers—transplanted into boxes
filled with Earth, which I have kept through the winter in my chamber. I
propose repeating some of the experiments of Seeds and Stones in the
Pots and Tumblers, which I have had filled with fresh Earth— In Seedling
Pot N. 1. I deposited last Monday a Post-oak Acorn, a Chesnut, a Shag
bark, a Plum Stone, a Tamarind Stone; and seed of Persimmon, grape,
Orange, Apple and Pear— In Seedling Pot N. 2. Several of the same.
Yesterday in glass Tumbler N. 1. 12. Post-Oak Acorns round the sides of
the glass— 1. Plum Stone, and a few raspberry seeds, and this day in
Tumbler N. 2. 10. Orange seeds, fresh from the fruit round the sides of
the glass, and several grape and gooseberry seeds— I find that the
Apple-trees coming up in my Eastern seedling-bed, are from the seeds
sown there the 24th. of April last year— So
that while a portion of the Shagbarks came up, within two Months after
they were planted, the apple-seeds appear after laying nearly a year in
the ground— Yet in May and June last as apple-seeds planted in a Pot
came up the 17th. day— Mr Tracy a
member of the House of Representatives from New-York, came to enquire,
if a pardon could be obtained for a young man at New-Orleans sentenced
to ten years imprisonment, for stealing from the Mail— A youth of
respectable family and connections, of good character until he sank
under this temptation; and who has already suffered from two or three
years of the penalty— I told Mr Tracy that
any Representation which might be made to me, in behalf of this person,
would be cheerfully received and deliberately considered; but that I was
bound to tell him that I had in no instance pardoned the offence of
stealing form the Mail. I gave him for this rigour the same reasons that
I had assigned in a similar case to Mr Bell, of 493Tennessee—the great aggravation of the crime— Its
pernicious consequences to Society— The multitudes of persons, exposed
at all times and in every part of the Country to the temptation of
committing it— The immense amount of property, always exposed to such
depredation, and the defenceless condition in which it always must be— I
considered the severity of the Law, as the only protection to the public
interest, and if I should yield to the relaxation of it, in one
instance, I should be compelled to extend it to many others, till it
would operate, as a vital repeal of the punishment; and as a license to
the Spoiler— I said that the remission of punishments was among the most
pleasing exercises of power; and that I could never refuse to grant a
pardon upon petition, without denying myself a gratification—but it was
required by an overruling sense of duty, and without knowing what the
particular circumstances of this case are I could give no encouragement
to expect that I shall deem it consistent with my duty to grant the
pardon— Mr John
Jackson came to apply again for an office, and brought a
recommendation from Mr Bryan of the House of Representatives— He said
there was now a vacancy of a Clerkship in the Treasury Department; for
which I referred him to the Secretary; and gave him the recommendations; which he had
brought to me before— Major Crane
came with Coll. Jones the Adjutant General— The Major has
claimed by Memorial, a brevet for ten years service, upon a brevet for
gallant conduct in the late War— I told him that his was one of a Class
of Cases, upon which I had delayed to decide, because there was a
proposal before Congress for altering the Law relating to Brevets. I
should however come to some determination before the close of the
present Session of Congress— Jones said that before the end of this year
there would be at least fifty Officers in the army, claiming Brevets for
ten years Service— Major Crane rests his claim on the grant of brevet
upon brevet to others, particularly to the Officers of the Marine Corps.
Mr
Clay was here and mentioned that Mr Niles
had declined the appointment of Superintendant of the Patent-Office— At
the request of Mr R. B. Dorsey, he asked to see Mr Clement
Dorsey’s recommendation of him to me—which he read— He was
undecided whom to appoint and spoke of Professor Mansfield; now about returning from West-Point—
He also spoke of a Note from the Spanish Chargé d’Affaires Tacon, enclosing a Complaint from
Governor Vives of Cuba: that a
merchant vessel of the Havanna, taken, by a Mexican Privateer, and
pursued for recapture by a Spanish frigate, had found a refuge at Key
West—and was said to be refitting there to escape— I thought it deserved
consideration whether Congress should not enact a Law, prohibiting all
privateers and their prizes from entering that port. Evening at my
Office—writing heavily.