Washington, March 24,1806.
Dear Sir,—A last effort at friendly settlement with Spain is
proposed to be made at Paris, and under the auspices of France.
For this purpose, General Armstrong and Mr. Bowdoin (both now
at Paris) have been appointed joint commissioners; but such a
cloud of dissatisfaction rests on General Armstrong in the minds
of many persons, on account of a late occurrence stated in all the
public papers, that we have in contemplation to add a third commissioner,
in order to give the necessary measure of public confidence
to the commission. Of these two gentlemen, one being
of Massachusetts and one of New York, it is thought the third
should be a southern man; and the rather, as the interests to be
negotiated are almost entirely southern and western. This addition
is not yet ultimately decided on; but I am inclined to believe
it will be adopted. Under this expectation, and my wish
that you may be willing to undertake it, I give you the earliest
possible intimation of it, that you may be preparing both your
mind and your measures for the mission. The departure would
be required to be very prompt; though the absence I think will
not be long, Bonaparte not being in the practice of procrastination.
This particular consideration will, I hope, reconcile the
voyage to your affairs and your feelings. The allowance to an
extra mission, is salary from the day of leaving home, and expenses
to the place of destination, or in lieu of the latter, and to
avoid settlements, a competent fixed sum may be given. For
the return, a continuance of the salary for three months after
fulfilment of the commission. Be so good as to make up your
mind as quickly as possible, and to answer me as early as possible.
Consider the measure as proposed provisionally only, and not to
be communicated to any mortal until we see it proper.
Affectionate salutations.
Washington, April 13, 1806.
Dear Sir,—The situation of your affairs certainly furnishes
good cause for your not acceding to my proposition of a special
mission to Europe. My only hope had been, that they could
have gone on one summer without you. An unjust hostility
against General Armstrong will, I am afraid, show itself whenever
any treaty made by him shall be offered for ratification. I
wished, therefore, to provide against this, by joining a person
who would have united the confidence of the whole Senate.
General Smith was so prominent in the opposition to Armstrong,
that it would be impossible for them to act together. We conclude,
therefore, to leave the matter with Armstrong and Bowdoin.
Indeed, my dear Sir, I wish sincerely you were back in
the Senate; and that you would take the necessary measures to
get yourself there. Perhaps, as a preliminary, you should go to
our Legislature. Giles' absence has been a most serious misfortune.
A majority of the Senate means well. But Tracy and
Bayard are too dexterous for them, and have very much influenced
their proceedings. Tracy has been of nearly every
committee during the session, and for the most part the chairman,
and of course drawer of the reports. Seven federalists voting
always in phalanx, and joined by some discontented republicans,
some oblique ones, some capricious, have so often made a majority,
as to produce very serious embarrassment to the public operations;
and very much do I dread the submitting to them, at
the next session, any treaty which can be made with either England
or Spain, when I consider that five joining the federalists,
can defeat a friendly settlement of our affairs. The House of
Representatives is as well disposed as I ever saw one. The defection
of so prominent a leader, threw them into dismay and
confusion for a moment; but they soon rallied to their own principles,
and let them go off with five or six followers only. One
half of these are from Virginia. His late declaration of perpetual
opposition to this administration, drew off a few others who at
first had joined him, supposing his opposition occasional only,
and not systematic. The alarm the House has had from this
schism, has produced a rallying together and a harmony, which
carelessness and security had begun to endanger. On the whole,
this little trial of the firmness of our representatives in their principles,
and that of the people also, which is declaring itself in
support of their public functionaries, has added much to my confidence
in the stability of our government; and to my conviction,
that, should things go wrong at any time, the people will set
them to rights by the peaceable exercise of their elective rights.
To explain to you the character of this schism, its objects and
combinations, can only be done in conversation; and must be
deferred till I see you at Monticello, where I shall probably be
about the 10th or 12th of May, to pass the rest of the month
there. Congress has agreed to rise on Monday, the 21st.
Accept my affectionate salutations.
Washington, April 18, 1806.
Sir,—It is now some time since I received from you, through
the house of Smith and Buchanan at Baltimore, a bust of the
Emperor Alexander, for which I have to return you my thanks.
These are the more cordial, because of the value the bust derives
from the great estimation in which its original is held by the
world, and by none more than by myself. It will constitute one
of the most valued ornaments of the retreat I am preparing for
myself at my native home. Accept, at the same time, my acknowledgments
for the elegant work of Atkinson and Walker on
the customs of the Russians. I had laid it down as a law for
my conduct while in office, and hitherto scrupulously observed,
to accept of no present beyond a book, a pamphlet, or other curiosity
of minor value; as well to avoid imputation on my motives
of action, as to shut out a practice susceptible of such abuse.
But my particular esteem for the character of the Emperor,
places his image in my mind above the scope of law. I receive
it, therefore, and shall cherish it with affection. It nourishes the
contemplation of all the good placed in his power, and of his disposition
to do it.
A little before Dr. Priestley's death, he informed me that he
had received intimations, through a channel he confided in, that
the Emperor entertained a wish to know something of our Constitution.
I have therefore selected the two best works we have
on that subject, for which I pray you to ask a place in his library.
They are too much in detail to occupy his time; but they
will furnish materials for an abstract, to be made by others, on
such a scale as may bring the matter within the compass of the
time which his higher callings can yield to such an object.
At a very early period of my life, contemplating the history of
the aboriginal inhabitants of America, I was led to believe that
if there had ever been a relation between them and the men of
color in Asia, traces of it would be found in their several languages.
I have therefore availed myself of every opportunity
which has offered, to obtain vocabularies of such tribes as have
been within my reach, corresponding to a list then formed of
about two hundred and fifty words. In this I have made such
progress, that within a year or two more I think to give to the
public what I then shall have acquired. I have lately seen a report
of Mr. Volney's to the Celtic academy, on a work of Mr.
Pallas, entitled "Vocabulaires compares des langues de toute la
terre;" with a list of one hundred and thirty words, to which the
vocabulary is limited. I find that seventy-three of these words
are common to that and to my vocabulary, and therefore will enable
us, by a comparison of language, to make the inquiry so
long desired, as to the probability of a common origin between the
people of color of the two continents. I have to ask the favor
of you to procure me a copy of the above work of Pallas, to inform
me of the cost, and permit me to pay it here to your use;
for I presume you have some mercantile correspondent here, to
whom a payment can be made for you. A want of knowledge
what the book may cost, as well as of the means of making so
small a remittance, obliges me to make this proposition, and to
restrain it to the sole condition that I be permitted to reimburse
it here.
I enclose you a letter for the Emperor, which be pleased to
deliver or have delivered; it has some relation to a subject which
the Secretary of State will explain to you.
Accept my salutations, and assurances of esteem and consideration.
Washington, April 19, 1806.
I owe an acknowledgment to your Imperial Majesty for the
great satisfaction I have received from your letter of August the
20th, 1805, and embrace the opportunity it affords of giving expression
to the sincere respect and veneration I entertain for your
character. It will be among the latest and most soothing comforts
of my life, to have seen advanced to the government of so
extensive a portion of the earth, and at so early a period of his life,
a sovereign whose ruling passion is the advancement of the happiness
and prosperity of his people; and not of his own people
only, but who can extend his eye and his good will to a distant and
infant nation, unoffending in its course, unambitious in its views.
The events of Europe come to us so late, and so suspiciously,
that observations on them would certainly be stale, and possibly
wide of their actual state. From their general aspect, however,
I collect that your Majesty's interposition in them has been disinterested
and generous, and having in view only the general
good of the great European family. When you shall proceed to
the pacification which is to re-establish peace and commerce, the
same dispositions of mind will lead you to think of the general
intercourse of nations, and to make that provision for its future
maintenance which, in times past, it has so much needed. The
northern nations of Europe, at the head of which your Majesty
is distinguished, are habitually peaceable. The United States of
America, like them, are attached to peace. We have then with
them a common interest in the neutral rights. Every nation indeed,
on the continent of Europe, belligerent as well as neutral,
is interested in maintaining these rights, in liberalizing them progressively
with the progress of science and refinement of morality,
and in relieving them from restrictions which the extension
of the arts has long since rendered unreasonable and vexatious.
Two personages in Europe, of which your Majesty is one, have
it in their power, at the approaching pacification, to render eminent
service to nations in general, by incorporating into the act
of pacification, a correct definition of the rights of neutrals on the
high seas. Such a definition, declared by all the powers lately
or still belligerent, would give to those rights a precision and
notoriety, and cover them with an authority, which would protect
them in an important degree against future violation; and
should any further sanction be necessary, that of an exclusion of
the violating nation from commercial intercourse with all the
others, would be preferred to war, as more analogous to the
offence, more easy and likely to be executed with good faith.
The essential articles of these rights, too, are so few and simple
as easily to be defined.
Having taken no part in the past or existing troubles of Europe,
we have no part to act in its pacification. But as principles may
then be settled in which we have a deep interest, it is a great
happiness for us that they are placed under the protection of an
umpire, who, looking beyond the narrow bounds of an individual
nation, will take under the cover of his equity the rights of the
absent and unrepresented. It is only by a happy concurrence of
good characters and good occasions, that a step can now and then
be taken to advance the well-being of nations. If the present
occasion be good, I am sure your Majesty's character will not be
wanting to avail the world of it. By monuments of such good
offices, may your life become an epoch in the history of the condition
of man; and may He who called it into being, for the
good of the human family, give it length of days and success,
and have it always in His holy keeping.
Washington, May 4, 1806.
Dear Sir,—I wrote you on the 16th of March by a common
vessel, and then expected to have had, on the rising of Congress,
an opportunity of peculiar confidence to you. Mr. Beckley then
supposed he should take a flying trip to London, on private business.
But I believe he does not find it convenient. He could
have let you into the arcana rerum, which you have interests in
knowing. Mr. Pinckney's pursuits having been confined to his
peculiar line, he has only that general knowledge of what has
passed here which the public possess. He has a just view of
things so far as known to him. Our old friend, Mercer, broke
off from us some time ago; at first professing to disdain joining
the federalists, yet, from the habit of voting together, becoming
soon identified with them. Without carrying over with him one
single person, he is now in a state of as perfect obscurity as if his
name had never been known. Mr. J. Randolph is in the same
track, and will end in the same way. His course has excited
considerable alarm. Timid men consider it as a proof of the
weakness of our government, and that it is to be rent into pieces
by demagogues, and to end in anarchy. I survey the scene with
a different eye, and draw a different augury from it. In a House
of Representatives of a great mass of good sense, Mr. Randolph's
popular eloquence gave him such advantages as to place him unrivalled
as the leader of the House; and, although not conciliatory
to those whom he led, principles of duty and patriotism induced
many of them to swallow humiliations he subjected them to, and
to vote as was right, as long as he kept the path of right himself.
The sudden defection of such a man could not but produce a
momentary astonishment, and even dismay; but for a moment
only. The good sense of the House rallied around its principles,
and without any leader pursued steadily the business of the
session, did it well, and by a strength of vote which has never
before been seen. Upon all trying questions, exclusive of the
federalists, the minority of republicans voting with him has been
from four to six or eight, against from ninety to one hundred;
and although he yet treats the federalists with ineffable contempt,
yet, having declared eternal opposition to this administration, and
consequently associated with them in his votes, he will, like
Mercer, end with them. The augury I draw from this is, that
there is a steady, good sense in the Legislature, and in the body
of the nation, joined with good intentions, which will lead them
to discern and to pursue the public good under all circumstances
which can arise, and that no ignis fatuus will be able to lead
them long astray. In the present case, the public sentiment, as
far as declarations of it have yet come in, is, without a single
exception, in firm adherence to the administration. One popular
paper is endeavoring to maintain equivocal ground; approving
the administration in all its proceedings, and Mr. Randolph in all
those which have heretofore merited approbation, carefully avoiding
to mention his late aberration. The ultimate view of this
paper is friendly to you; and the editor, with more judgment
than him who assumes to be at the head of your friends, sees
that the ground of opposition to the administration is not that on
which it would be advantageous to you to be planted. The
great body of your friends are among the firmest adherents to the
administration; and in their support of you, will suffer Mr. Randolph
to have no communications with them. My former letter
told you the line which both duty and inclination would lead me
sacredly to pursue. But it is unfortunate for you to be embarrassed
with such a soi-disant friend. You must not commit
yourself to him. These views may assist you to understand such
details as Mr. Pinckney will give you. If you are here at any
time before the fall, it will be in time for any object you may
have, and by that time the public sentiment will be more decisively
declared. I wish you were here at present, to take your
choice of the two governments of Orleans and Louisiana, in
either of which I could now place you; and I verily believe it
would be to your advantage to be just that much withdrawn from
the focus of the ensuing contest, until its event should be known.
The one has a salary of five thousand dollars, the other of two
thousand dollars; both with excellent hotels for the Governor.
The latter at St. Louis, where there is good society, both French
and American; a healthy climate, and the finest field in the
United States for acquiring property. The former not unhealthy,
if you begin a residence there in the month of November. The
Mrs. Trists and their connections are established there. As I
think you can within four months inform me what you say to
this, I will keep things in their present state till the last day of
August, for your answer.
The late change in the ministry I consider as insuring us a
just settlement of our differences, and we ask no more. In Mr.
Fox, personally, I have more confidence than in any man in
England, and it is founded in what, through unquestionable
channels, I have had opportunities of knowing of his honesty
and his good sense. While he shall be in the administration, my
reliance on that government will be solid. We had committed
ourselves in a line of proceedings adapted to meet Mr. Pitt's
policy and hostility, before we heard of his death, which self-respect
did not permit us to abandon afterwards; and the late
unparalleled outrage on us at New York excited such sentiments
in the public at large, as did not permit us to do less than has
been done. It ought not to be viewed by the ministry as looking
towards them at all, but merely as the consequences of the
measures of their predecessors, which their nation has called on
them to correct. I hope, therefore, they will come to just arrangements.
No two countries upon earth have so many points
of common interest and friendship; and their rulers must be
great bunglers indeed, if, with such dispositions, they break them
asunder. The only rivalry that can arise is on the ocean. England
may, by petty larceny thwartings, check us on that element
a little, but nothing she can do will retard us there one year's
growth. We shall be supported there by other nations, and
thrown into their scale to make a part of the great counterpoise
to her navy. If, on the other hand, she is just to us, conciliatory,
and encourages the sentiment of family feelings and conduct, it
cannot fail to befriend the security of both. We have the seamen
and materials for fifty ships of the line, and half that number
of frigates; and were France to give us the money, and England
the dispositions to equip them, they would give to England serious
proofs of the stock from which they are sprung, and the
school in which they have been taught; and added to the efforts
of the immensity of sea coast lately united under one power,
would leave the state of the ocean no longer problematical.
Were, on the other hand, England to give the money, and France
the dispositions to place us on the sea in all our force, the whole
world, out of the continent of Europe, might be our joint monopoly.
We wish for neither of these scenes. We ask for peace
and justice from all nations; and we will remain uprightly neutral
in fact, though leaning in belief to the opinion that an English
ascendancy on the ocean is safer for us than that of France. We
begin to broach the idea that we consider the whole Gulf Stream
as of our waters, in which hostilities and cruising are to be
frowned on for the present, and prohibited so soon as either consent
or force will permit us. We shall never permit another
privateer to cruise within it, and shall forbid our harbors to
national cruisers. This is essential for our tranquillity and commerce.
Be so good as to have the enclosed letters delivered, to
present me to your family, and be assured yourself of my unalterable
friendship.
For fear of accidents, I shall not make the unnecessary addition
of my name.
Washington, May 4, 1806.
Dear Sir,—I received your favor covering some papers from
General Wilkinson. I have repented but of one appointment
there, that of Lucas, whose temper I see overrules every good
quality and every qualification he has. Not a single fact has appeared,
which occasions me to doubt that I could have made a
fitter appointment than General Wilkinson. One qualm of principle
I acknowledge I do feel, I mean the union of the civil and
military authority. You remember that when I came into office,
while we were lodging together at Conrad's, he was pressed on
me to be made Governor of the Mississippi territory; and that I
refused it on that very principle. When, therefore, the House
of Representatives took that ground, I was not insensible to its
having some weight. But in the appointment to Louisiana, I did
not think myself departing from my own principle, because I
consider it not as a civil government, but merely a military station.
The Legislature had sanctioned that idea by the establishment
of the office of Commandant, in which were completely
blended the civil and military powers. It seemed, therefore,
that the Governor should be in suit with them. I observed, too,
that the House of Representatives, on the very day they passed
the stricture on this union of authorities, passed a bill making the
Governor of Michigan commander of the regular troops which
should at any time be within his government. However, on the
subject of General Wilkinson nothing is in contemplation at this
time. We shall see what turn things take at home and abroad
in the course of the summer. Monroe has had a second conversation
with Mr. Fox, which gives me hopes that we shall
have an amicable arrangement with that government. Accept
my friendly salutations, and assurances of great esteem and
respect.
July 1, 1806.
Thomas Jefferson salutes Mr. Digges with friendship and respect,
and sends him the newspapers received last night. He is
sorry that only the latter part of the particular publication which
Mr. Digges wished to see, is in them. He will be happy to see
Mr. Digges and his friends on the fourth of July, and to join in
congratulations on the return of the day which divorced us from
the follies and crimes of Europe, from a dollar in the pound at
least of six hundred millions sterling, and from all the ruin of
Mr. Pitt's administration. We, too, shall encounter follies; but
if great, they will be short, if long, they will be light; and the
vigor of our country will get the better of them. Mr. Pitt's
follies have been great, long, and inflicted on a body emaciated
with age, and exhausted by excesses beyond its power to bear.
Washington, July 5, 1806.
Sir,—Your favor of June the 21st has been duly received.
We have not as yet heard from General Skinner on the subject
of his office. Three persons are proposed on the most respectable
recommendations, and under circumstances of such equality
as renders it difficult to decide between them. But it shall be
done impartially. I sincerely congratulate you on the triumph
of republicanism in Massachusetts. The Hydra of federalism
has now lost all its heads but two. Connecticut I think will
soon follow Massachusetts. Delaware will probably remain what
it ever has been, a mere county of England, conquered indeed,
and held under by force, but always disposed to counter-revolution.
I speak of its majority only.
Our information from London continues to give us hopes of an
accommodation there on both the points of "accustomed commerce
and impressment." In this there must probably be some
mutual concession, because we cannot expect to obtain everything
and yield nothing. But I hope it will be such an one as
may be accepted. The arrival of the Hornet in France is so
recently known, that it will yet be some time before we learn
our prospects there. Notwithstanding the efforts made here, and
made professedly to assassinate that negotiation in embryo, if the
good sense of Bonaparte should prevail over his temper, the
present state of things in Europe may induce him to require of
Spain that she should do us justice at least. That he should require
her to sell us East Florida, we have no right to insist; yet
there are not wanting considerations which may induce him to
wish a permanent foundation for peace laid between us. In this
treaty, whatever it shall be, our old enemies the federalists, and
their new friends, will find enough to carp at. This is a thing
of course, and I should suspect error where they found no fault.
The buzzard feeds on carrion only. Their rallying point is
"war with France and Spain, and alliance with Great Britain:"
and everything is wrong with them which checks their new
ardor to be fighting for the liberties of mankind; on the sea
always excepted. There one nation is to monopolize all the liberties
of the others.
I read, with extreme regret, the expressions of an inclination
on your part to retire from Congress. I will not say that this
time, more than all others, calls for the service of every man;
but I will say, there never was a time when the services of those
who possess talents, integrity, firmness, and sound judgment,
were more wanted in Congress. Some one of that description is
particularly wanted to take the lead in the House of Representatives,
to consider the business of the nation as his own business,
to take it up as if he were singly charged with it, and carry it
through. I do not mean that any gentleman, relinquishing his
own judgment, should implicitly support all the measures of the
administration; but that, where he does not disapprove of them,
he should not suffer them to go off in sleep, but bring them to
the attention of the House, and give them a fair chance. Where
he disapproves, he will of course leave them to be brought forward
by those who concur in the sentiment. Shall I explain my
idea by an example? The classification of the militia was communicated
to General Varnum and yourself merely as a proposition,
which, if you approved, it was trusted you would support.
I knew, indeed, that General Varnum was opposed to anything
which might break up the present organization of the militia:
but when so modified as to avoid this, I thought he might, perhaps,
be reconciled to it. As soon as I found it did not coincide
with your sentiments, I could not wish you to support it; but using
the same freedom of opinion, I procured it to be brought forward
elsewhere. It failed there, also, and for a time, perhaps, may
not prevail; but a militia can never be used for distant service on
any other plan; and Bonaparte will conquer the world, if they
do not learn his secret of composing armies of young men only,
whose enthusiasm and health enable them to surmount all obstacles.
When a gentleman, through zeal for the public service,
undertakes to do the public business, we know that we shall
hear the cant of backstairs' councillors. But we never heard this
while the declaimer was himself a backstairs' man, as he calls
it, but in the confidence and views of the administration, as may
more properly and respectfully be said. But if the members are
to know nothing but what is important enough to be put into a
public message, and indifferent enough to be made known to all
the world; if the Executive is to keep all other information to
himself, and the House to plunge on in the dark, it becomes a
government of chance and not of design. The imputation was
one of those artifices used to despoil an adversary of his most
effectual arms; and men of mind will place themselves above a
gabble of this order. The last session of Congress was indeed
an uneasy one for a time; but as soon as the members penetrated
into the views of those who were taking a new course, they
rallied in as solid a phalanx as I have ever seen act together.
Indeed I have never seen a House of better dispositions. * * * * *
Perhaps I am not entitled to speak with so
much frankness; but it proceeds from no motive which has not
a right to your forgiveness. Opportunities of candid explanation
are so seldom afforded me, that I must not lose them when they
occur.
The information I receive from your quarter agrees with that
from the south; that the late schism has made not the smallest
impression on the public, and that the seceders are obliged to
give to it other grounds than those which we know to be the
true ones. All we have to wish is, that at the ensuing session,
every one may take the part openly which he secretly befriends.
I recollect nothing new and true, worthy communicating to you.
As for what is not true, you will always find abundance in the
newspapers. Among other things, are those perpetual alarms as
to the Indians, for no one of which has there ever been the
slightest ground. They are the suggestions of hostile traders,
always wishing to embroil us with the Indians, to perpetuate
their own extortionate commerce. I salute you with esteem and
respect.
Washington, July 10, 1806.
Dear Sir,—I believe that when you left America the invention
of the polygraph had not yet reached Boston. It is for copying
with one pen while you write with the other, and without the
least additional embarrassment or exertion to the writer. I think
it the finest invention of the present age, and so much superior
to the copying machine, that the latter will never be continued a
day by any one who tries the polygraph. It was invented by a
Mr. Hawkins, of Frankford, near Philadelphia, who is now in
England, turning it to good account. Knowing that you are in
the habit of writing much, I have flattered myself that I could
add acceptably to your daily convenience by presenting you with
one of these delightful machines. I have accordingly had one
made, and to be certain of its perfection I have used it myself
some weeks, and have the satisfaction to find it the best one I
have ever tried; and in the course of two years' daily use of
them, I have had opportunities of trying several. As a secretary,
which copies for us what we write without the power of revealing
it, I find it a most precious possession to a man in public
business. I enclose directions for unpacking and using the machine
when you receive it; but the machine itself must await a
special and sure conveyance under the care of some person going
to Paris. It is ready packed, and shall go by the first proper
conveyance.
As we heard two or three weeks ago of the safe arrival of the
Hornet at L'Orient, we were anxiously waiting to learn from
you the first impressions on her mission. If you can succeed in
procuring us Florida, and a good western boundary, it will fill
the American mind with joy. It will secure to our fellow citizens
one of the most ardent wishes, a long peace with Spain
and France. For be assured, the object of war with them and
alliance with England, which, at the last session of Congress,
drew off from the republican band about half a dozen of its members,
is universally reprobated by our native citizens from north
to south. I have never seen the nation stand more firm to its
principles, or rally so firmly to its constituted authorities, and in
reprobation of the opposition to them. With England, I think
we shall cut off the resource of impressing our seamen to fight
her battles, and establish the inviolability of our flag in its commerce
with her enemies. We shall thus become what we sincerely
wish to be, honestly neutral, and truly useful to both belligerents.
To the one, by keeping open market for the consumption
of her manufactures, while they are excluded from all
the other countries under the power of her enemy; to the other,
by securing for her a safe carriage of all her productions, metropolitan
or colonial, while her own means are restrained by her
enemy, and may, therefore, be employed in other useful pursuits.
We are certainly more useful friends to France and Spain as
neutrals, than as allies. I hope they will be sensible of it, and
by a wise removal of all grounds of future misunderstanding to
another age, enable you to present us such an arrangement, as
will insure to our fellow-citizens long and permanent peace and
friendship with them. With respect to our western boundary,
your instructions will be your guide. I will only add, as a comment
to them, that we are attached to the retaining of the Bay
of St. Bernard, because it was the first establishment of the unfortunate
La Sale, was the cradle of Louisiana, and more incontestibly
covered and conveyed to us by France, under that name,
than any other spot in the country. This will be secured to us
by taking for our western boundary the Guadaloupe, and from
its head around the sources of all waters eastward of it, to the
highlands embracing the waters running into the Mississippi.
However, all these things I presume will be settled before you
receive this; and I hope so settled as to give peace and satisfaction
to us all.
Our crops of wheat are greater than have ever been known,
and are now nearly secured. A caterpillar gave for awhile
great alarm, but did little injury. Of tobacco, not half a crop
has been planted for want of rain; and even this half, with cotton
and Indian corn, has yet many chances to run.
This summer will place our harbors in a situation to maintain
peace and order with them. The next, or certainly the one following
that, will so provide them with gun-boats and common
batteries, as to be hors d'insulte. Although our prospect is
peace, our policy and purpose is to provide for defence by all
those means to which our resources are competent.
I salute you with friendship, and assure you of my high respect
and consideration.
Monticello, September 17, 1806.
Dear Sir,—Yours of August the 7th, from Liberty, never got to
my hands till the 9th instant. About the same time I received the
Enquirer, in which Decius was so judiciously answered. The
writer of that paper observed, that the matter of Decius consisted,
first of facts; secondly, of inferences from these facts: that he
was not well enough informed to affirm or deny his facts, and
he therefore examines his inferences, and in a very masterly
manner shows that even were his facts true, the reasonable inferences
from them are very different from those drawn by Decius.
But his facts are far from truth, and should be corrected.
It happened that Mr. Madison and General Dearborne were here
when I received your letter. I therefore, with them, took up
Decius and read him deliberately; and our memories aided one
another in correcting his bold and unauthorized assertions. I
shall note the most material of them in the order of the paper.
1. It is grossly false that our ministers, as is said in a note, had
proposed to surrender our claims to compensation for Spanish
spoliations, or even for French. Their instructions were to make
no treaty in which Spanish spoliations were not provided for;
and although they were permitted to be silent as to French spoliations
carried into Spanish ports, they were not expressly to
abandon even them. 2. It is not true that our ministers, in
agreeing to establish the Colorado as our western boundary, had
been obliged to exceed the authority of their instructions. Although
we considered our title good as far as the Rio Bravo, yet
in proportion to what they could obtain east of the Mississippi,
they were to relinquish to the westward, and successive sacrifices
were marked out, of which even the Colorado was not the last.
3. It is not true that the Louisiana treaty was antedated, lest
Great Britain should consider our supplying her enemies with
money as a breach of neutrality. After the very words of the
treaty were finally agreed to, it took some time, perhaps some
days, to make out all the copies in the very splendid manner of
Bonaparte's treaties. Whether the 30th of April, 1803, the date
expressed, was the day of the actual compact, or that on which
it was signed, our memories do not enable us to say. If the former,
then it is strictly conformable to the day of the compact;
if the latter, then it was postdated, instead of being antedated.
The motive assigned too, is as incorrect as the fact. It was so
far from being thought, by any party, a breach of neutrality, that
the British minister congratulated Mr. King on the acquisition,
and declared that the King had learned it with great pleasure;
and when Baring, the British banker, asked leave of the minister
to purchase the debt and furnish the money to France, the minister
declared to him, that so far from throwing obstacles in the
way, if there were any difficulty in the payment of the money,
it was the interest of Great Britain to aid it. 4. He speaks of a
double set of opinions and principles; the one ostensible, to go
on the journals and before the public, the other efficient, and the
real motives to action. But where are these double opinions and
principles? The executive informed the legislature of the
wrongs of Spain, and that preparation should be made to repel
them, by force, if necessary. But as it might still be possible to
negotiate a settlement, they asked such means as might enable
them to meet the negotiation, whatever form it might take. The
first part of this system was communicated publicly, the second
privately; but both were equally official, equally involved the
responsibility of the executive, and were equally to go on the
journals. 5. That the purchase of the Floridas was in direct
opposition to the views of the executive, as expressed in the
President's official communication. It was not in opposition
even to the public part of the communication, which did not recommend
war, but only to be prepared for it. It perfectly harmonized
with the private part, which asked the means of negotiation
in such terms as covered the purchase of Florida as evidently
as it was proper to speak it out. He speaks of secret communications
between the executive and members, of backstairs'
influence, &c. But he never spoke of this while he and Mr.
Nicholson enjoyed it most solely. But when he differed from
the executive in a leading measure, and the executive, not submitting
to him, expressed their sentiments to others, the very sentiments
(to wit, the purchase of Florida) which he acknowledges
they expressed to him, then he roars out upon backstairs'
influence. 6. The committee, he says, forbore to recommend
offensive measures. Is this true? Did not they recommend
the raising —— regiments? Besides, if it was proper for
the committee to forbear recommending offensive measures, was it
not proper for the executive and Legislature to exercise the same
forbearance? 7. He says Monroe's letter had a most important
bearing on our Spanish relations. Monroe's letter related, almost
entirely, to our British relations. Of those with Spain he
knew nothing particular since he left that country. Accordingly,
in his letter he simply expressed an opinion on our affairs with
Spain, of which he knew we had better information than he
could possess. His opinion was no more than that of any
other sensible man; and his letter was proper to be communicated
with the English papers, and with them only. That the
executive did not hold it up on account of any bearing on Spanish
affairs, is evident from the fact that it was communicated
when the Senate had not yet entered on the Spanish affairs, and
had not yet received the papers relating to them from the other
House. The moment the Representatives were ready to enter
on the British affairs, Monroe's letter, which peculiarly related to
them, and was official solely as to them, was communicated to
both Houses, the Senate being then about entering on Spanish
affairs.
* * * * * * * *
These, my dear Sir, are the principal facts worth correction.
Make any use of them you think best, without letting your source
of information be known. Can you send me some cones or seeds
of the cucumber tree? Accept affectionate salutations, and assurances
of great esteem and respect.
Washington, October 12, 1806.
Dear Sir,—You witnessed in the earlier part of the administration,
the malignant and long-continued efforts which the federalists
exerted in their newspapers, to produce misunderstanding
between Mr. Madison and myself. These failed completely. A
like attempt was afterwards made, through other channels, to effect
a similar purpose between General Dearborne and myself,
but with no more success. The machinations of the last session
to put you at cross questions with us all, were so obvious as to
be seen at the first glance of every eye. In order to destroy one
member of the administration, the whole were to be set to loggerheads
to destroy one another. I observe in the papers lately,
new attempts to revive this stale artifice, and that they squint
more directly towards you and myself. I cannot, therefore, be
satisfied, till I declare to you explicitly, that my affections and
confidence in you are nothing impaired, and that they cannot be
impaired by means so unworthy the notice of candid and honorable
minds. I make the declaration, that no doubts or jealousies,
which often beget the facts they fear, may find a moment's harbor
in either of our minds. I have so much reliance on the superior
good sense and candor of all those associated with me, as
to be satisfied they will not suffer either friend or foe to sow
tares among us. Our administration now drawing towards a
close, I have a sublime pleasure in believing it will be distinguished
as much by having placed itself above all the passions
which could disturb its harmony, as by the great operations by
which it will have advanced the well-being of the nation.
Accept my affectionate salutations, and assurances of my constant
and unalterable respect and attachment.
Washington, January 3, 1807.
Dear Sir,—I had intended yesterday to recommend to General
Dearborne the writing to you weekly by post, to convey information
of our western affairs, so long as they are interesting, because
it is possible, though not probable, you might sometimes
get the information quicker this way than down the river, but
the General received yesterday information of the death of his
son in the East Indies, and of course cannot now attend to business.
I therefore write you a hasty line for the present week,
and send it in duplicates by the Athens and the Nashville routes.
The information in the enclosed paper, as to proceedings in
the State of Ohio, is correct. Blennerhasset's flotilla of fifteen
boats and two hundred barrels of provisions, is seized, and there
can be no doubt that Tyler's flotilla is also taken, because, on
the 17th of December, we know there was a sufficient force assembled
at Cincinnati to intercept it there, and another party was
in pursuit of it on the river above. We are assured that these two
flotillas composed the whole of the boats, provided Blennerhasset
and Tyler had fled down the river. I do not believe that the
number of persons engaged for Burr has ever amounted to five
hundred, though some have carried them to one thousand or fifteen
hundred. A part of these were engaged as settlers of Bastrop's
land, but the greater part of these were engaged under the express
assurance that the projected enterprise was against Mexico,
and secretly authorized by this government. Many were expressly
enlisted in the name of the United States. The proclamation
which reached Pittsburg, December 2d, and the other parts of the
river successively, undeceived both these classes, and of course
drew them off, and I have never seen any proof of their having
assembled more than forty men in two boats from Beaver, fifty
in Tyler's flotilla, and the boatmen of Blennerhasset's. I believe
therefore, that the enterprise may be considered as crushed, but
we are not to relax in our attentions until we hear what has
passed at Louisville. If everything from that place upwards be
successfully arrested, there is nothing from below that is to be
feared. Be assured that Tennessee, and particularly General
Jackson, are faithful. The orders lodged at Massac and the
Chickasaw bluffs, will probably secure the interception of such
fugitives from justice as may escape from Louisville, so that
I think you will never see one of them. Still I would not
wish, till we hear from Louisville, that you should relax your
preparations in the least, except so far as to dispense with the
militia of Mississippi and Orleans leaving their homes under
our order of November 25th. Only let them consider themselves
under requisition, and be in a state of readiness should any force,
too great for your regulars, escape down the river. You will
have been sensible that those orders were given while we supposed
you were on the Sabine, and the supposed crisis did not
admit the formality of their being passed through you. We had
considered Fort Adams as the place to make a stand, because it
covered the mouth of the Red river. You have preferred New
Orleans on the apprehension of a fleet from the West Indies. Be
assured there is not any foundation for such an expectation, but
the lying exaggerations of those traitors to impose on others and
swell their pretended means. The very man whom they represented
to you as gone to Jamaica, and to bring the fleet, has never
been from home, and has regularly communicated to me everything
which had passed between Burr and him. No such proposition
was ever hazarded to him. France or Spain would not
send a fleet to take Vera Cruz; and though one of the expeditions
now near arriving from England, is probably for Vera Cruz,
and perhaps already there, yet the state of things between us
renders it impossible they should countenance an enterprise unauthorized
by us. Still I repeat that these grounds of security
must not stop our proceedings or preparations until they are further
confirmed. Go on, therefore, with your works for the defence
of New Orleans, because they will always be useful, only
looking to what should be permanent rather than means merely
temporary. You may expect further information as we receive
it, and though I expect it will be such as will place us at our
ease, yet we must not place ourselves so until it be certain, but
act on the possibility that the resources of our enemy may be
greater and deeper than we are yet informed.
Your two confidential messengers delivered their charges safely.
One arrived yesterday only with your letter of November
12th. The oral communications he made me are truly important.
I beseech you to take the most special care of the two letters
which he mentioned to me, the one in cypher, the other
from another of the conspirators of high standing, and to send
them to me by the first conveyance you can trust. It is necessary
that all important testimony should be brought to one centre,
in order that the guilty may be convicted, and the innocent left
untroubled. Accept my friendly salutations, and assurances of
great esteem and respect.
January 4, 1807.
There is a vessel fitting out at New York, formerly called the
Emperor, now the James, or the Brutus (accounts differ), to
carry 22 guns and 150 men, and to be commanded by Blakely,
who went out Lieutenant of the Leander. She is confidently
believed to be destined for Burr at New Orleans. The collector
should be put on his guard; he can get much information from
the Mayor of New York on the subject. If Blakely went out
really with Miranda as Lieutenant, he should be immediately
arrested and put on his trial. Will you be so good as to take
the necessary measures on this subject?
* * * * * * * *
January 6, 1807.
Mr. Clarke left with me the papers I now send you, presenting
the claim of the Corporation of New Orleans to all the lands
between the city and the Bayou St. Jean, as a common. What
is to be done? The subject is broader than these papers present.
I presume this claim would be proper for an investigation
and report by the commissioners. I believe it to be a plot
against Lafayette. That there should be left a reasonable common
for them we had directed; but they might as well claim to
the ocean as to the Bayou St. Jean. I am certain there is in
some of Claiborne's letters information that they never had a
right to a common, but under a kind of lease or permission for a
term of years expired long since.
But I think we should go further, and direct the governor to
report to us in detail all the lots and buildings owned by the
public in New Orleans, stating the use they were applied to under
the former government, and that for which they would be
proper now; to be laid before Congress at their next session, for
their determination. Indeed I am not certain but that Claiborne
has made such a report to the Secretary at War. Affectionate
salutations.
Washington, January 11, 1807.
Dear Sir,—Yours of December 19th has been duly received,
and I thank you for your friendly attention to the offer of lands
adjoining me for sale. It is true that I have always wished to
purchase a part of what was Murray's tract, which would straiten
the lines of the Poplar Forest, but I really am not able to
make a purchase. I had hoped to keep the expenses of my office
within the limits of its salary, so as to apply my private income
entirely to the improvement and enlargement of my estate; but
I have not been able to do it.
Our affairs with Spain, after which you inquire, do not promise
the result we wish. Not that war will take place immediately,
but they may go off without a settlement, and leave
us in constant bickering about indemnification for spoliations,
the navigation of the Mobile and the limits of Louisiana. Burr's
enterprise is the most extraordinary since the days of Don Quixotte.
It is so extravagant that those who know his understanding,
would not believe it if the proofs admitted doubt. He has
meant to place himself on the throne of Montezuma, and extend
his empire to the Alleghany, seizing on New Orleans as the instrument
of compulsion for our western States. I think his undertaking
effectually crippled by the activity of Ohio. Whether
Kentucky will give him the coup de grace is doubtful; but if he
is able to descend the river with any means, we are sufficiently
prepared at New Orleans. I hope, however, Kentucky will do
its duty, and finish the matter for the honor of popular government,
and the discouragement of all arguments for standing
armies. Accept my friendly salutations, and assurances of
great esteem and respect.
Washington, January 12, 1807.
Gentlemen,—I am again to return the tribute of my thanks
for the continued proofs of favor from the American Philosophical
Society; and I ever do it with sincere gratitude, sensible
it is the effect of their good will, and not of any services I have
it in my power to render them. I pray you to convey to them
these expressions of my dutiful acknowledgments, and to accept
yourselves thanks for the favorable terms in which your letter
of the 2d instant announces the suffrage of the Society.
I am happy at the same time to greet them on the safe return
of a valuable member of our fraternity, from a journey of uncommon
length and peril. He will ere long be with them, and
present them with the additions he brings to our knowledge of
the geography and natural history of our country, from the
Mississippi to the Pacific.
Tendering them my humble respects, permit me to add for
yourselves my friendly salutations, and assurances of high consideration.
January 12, 1807.
I return you the letter of Mr. Gelston respecting the Brutus.
From what I learn, she cannot be destined for the Mississippi,
because she draws too much water to enter it. However, considering
the difficulty Congress finds in enlarging the limits of
our preventive powers, I think we should be cautious how we
step across those limits ourselves. She is probably bound to St.
Domingo. Could not Congress, while continuing that law,
amend it so as to prevent the abuse actually practised. Affectionate
salutations.
Washington, January 13, 1807.
My dear and ancient Friend,—I have duly received your
favor of the 1st instant, and am ever thankful for communications
which may guide me in the duties which I wish to perform as
well as I am able. It is but too true that great discontents exist
in the territory of Orleans. Those of the French inhabitants
have for their sources, 1, the prohibition of importing slaves.
This may be partly removed by Congress permitting them to
receive slaves from the other States, which, by dividing that
evil, would lessen its danger; 2, the administration of justice in
our forms, principles, and language, with all of which they are
unacquainted, and are the more abhorrent, because of the enormous
expense, greatly exaggerated by the corruption of bankrupt
and greedy lawyers, who have gone there from the United States
and engrossed the practice; 3, the call on them by the land
commissioners to produce the titles of their lands. The object
of this is really to record and secure their rights. But as many
of them hold on rights so ancient that the title papers are lost;
they expect the land is to be taken from them whenever they
cannot produce a regular deduction of title in writing. In this
they will be undeceived by the final result, which will evince to
them a liberal disposition of the government towards them.
Among the American inhabitants it is the old division of federalists
and republicans. The former are as hostile there as they
are everywhere, and are the most numerous and wealthy. They
have been long endeavoring to batter down the Governor, who
has always been a firm republican. There were characters superior
to him whom I wished to appoint, but they refused the
office: I know no better man who would accept of it, and it
would not be right to turn him out for one not better. But it is
the second cause, above mentioned, which is deep-seated and
permanent. The French members of the Legislature, being the
majority in both Houses, lately passed an act declaring that the
civil, or French laws, should be the laws of their land, and enumerated
about fifty folio volumes, in Latin, as the depositories of
these laws. The Governor negatived the act. One of the
Houses thereupon passed a vote for self-dissolution of the Legislature
as a useless body, which failed in the other House by a
single vote only. They separated, however, and have disseminated
all the discontent they could. I propose to the members
of Congress in conversation, the enlisting thirty thousand volunteers,
Americans by birth, to be carried at the public expense, and
settled immediately on a bounty of one hundred and sixty acres
of land each, on the west side of the Mississippi, on the condition
of giving two years of military service, if that country should be
attacked within seven years. The defence of the country would
thus be placed on the spot, and the additional number would entitle
the territory to become a State, would make the majority
American, and make it an American instead of a French State.
This would not sweeten the pill to the French; but in making
that acquisition we had some view to our own good as well as
theirs, and I believe the greatest good of both will be promoted
by whatever will amalgamate us together.
I have tired you, my friend, with a long letter. But your tedium
will end in a few lines more. Mine has yet two years to
endure. I am tired of an office where I can do no more good
than many others, who would be glad to be employed in it. To
myself, personally, it brings nothing but unceasing drudgery and
daily loss of friends. Every office becoming vacant, every appointment
made, me donne un ingrat, et cent ennemis. My only
consolation is in the belief that my fellow citizens at large give
me credit for good intentions. I will certainly endeavor to merit
the continuance of that good-will which follows well-intended
actions, and their approbation will be the dearest reward I can
carry into retirement.
God bless you, my excellent friend, and give you yet many
healthy and happy years.
Washington, January 14, 1807.
Sir,—Your letter of December 26th, was received in due
time. The only object I had in making my collection of the
laws of Virginia, was to save all those for the public which were
not then already lost, in the hope that at some future day they
might be republished. Whether this be by public or private enterprise,
my end will be equally answered. The book divides
itself into two very distinct parts; to wit, the printed and the unprinted
laws. The former begin in 1682, (Pervis' collection.)
My collection of these is in strong volumes, well bound, and
therefore may safely be transported anywhere. Any of these
volumes which you do not possess, are at your service for the
purpose of republication, but the unprinted laws are dispersed
through many MS. volumes, several of them so decayed that
the leaf can never be opened but once without falling into powder.
These can never bear removal further than from their
shelf to a table. They are, as well as I recollect, from 1622
downwards. I formerly made such a digest of their order, and
the volumes where they are to be found, that, under my own
superintendence, they could be copied with once handling. More
they would not bear. Hence the impracticability of their being
copied but at Monticello. But independent of them, the printed
laws, beginning in 1682, with all our former printed collections,
will be a most valuable publication, and sufficiently distinct. I
shall have no doubt of the exactness of your part of the work,
but I hope you will take measures for having the typography
and paper worthy of the work. I am lead to this caution by
the scandalous volume of our laws printed by Pleasants in 1803,
and those by Davis in 1796 were little better; both unworthy
the history of Tom Thumb. You can have them better and
cheaper printed anywhere north of Richmond. Accept my salutations
and assurances of respect.
Washington, January 14, 1807.
Sir,—I have examined the papers you left with me on the
claim to the common of New Orleans, and finding the subject to
be within the cognizance of the Board of Commissioners for that
territory, they will be immediately instructed to make full inquiry
into the foundation of the claim, and to report it for the decision
of Congress.
With respect to the lots and buildings in the city of New Orleans,
held by the public, the Governor will be immediately
instructed to report an exact list of them, stating the uses to which
they were applied under the former government, and those for
which he thinks them proper at present, which shall be laid before
Congress at their next session, the Legislature alone being
competent to their final disposition.
I have lodged in the Treasury Office the papers you left with
me; but if you wish their return, they will there be delivered to
you. Accept my salutations and assurances of respect.
Washington, January 14, 1807.
Sir,—Your letter of the 16th ult. was duly received, conveying
a tender of the Philadelphia republican militia legion, of
their voluntary services, against either foreign or domestic foes.
The pressure of business, usual at this season, has prevented its
earlier acknowledgment, and the return of my thanks, on the
public behalf, for this example of patriotic spirit. Always a friend
to peace, and believing it to promote eminently the happiness and
prosperity of nations, I am ever unwilling that it should be disturbed,
until greater and more important interests call for an appeal
to force. Whenever that shall take place, I feel a perfect
confidence that the energy and enterprise displayed by my fellow
citizens in the pursuits of peace, will be equally eminent in those
of war. The Legislature have now under consideration, in what
manner, and to what extent, the executive may be permitted
to accept the service of volunteers, should the public peace be
disturbed, either from without or within. In whatever way they
shall give that authority, the legion may be assured that no unreasonable
use shall be made of the proffer which their laudable
zeal has prompted them to make. With my just acknowledgments
to them, I pray you to accept personally the assurance of
my high consideration and respect.
Washington, January 14, 1807.
Sir,—I have duly received your letter of December 24th,
conveying a tender, by the officers, non-commissioned officers,
and privates of the Saratoga Rangers, of their voluntary services
to support the Constitution, laws, and integrity of our
country, when the constitutional authorities shall declare it necessary,
and I now, on the public behalf, return them thanks for
this example of patriotic spirit. Always a friend to peace, and
believing it to promote eminently the happiness and prosperity
of mankind, I am ever unwilling that it should be disturbed until
greater and more imperious interests call for an appeal to force.
Whenever that shall take place, I feel a perfect confidence that
the energy and enterprise displayed by my fellow citizens in the
pursuits of peace, will be equally eminent in those of war. The
Legislature have now under consideration, in what manner, and
to what extent, the executive may be permitted to accept the
service of volunteers, should the public peace be disturbed either
from without or within. In whatever way they shall give that
authority, the Saratoga Rangers may be assured that no unreasonable
use shall be made of the proffer which their laudable zeal
has prompted them to make. With my acknowledgments to
them, I pray you to accept personally the assurance of my high
consideration and respect.
Washington, January 20, 1807.
Dear Sir,—I received two days ago a letter from General
Wilkinson, dated at New Orleans, December 14th, in which he
enclosed me an affidavit, of which I now transmit you a copy.
You will perceive that it authenticates the copy of a letter from
Colonel Burr to the General, affirming that Mr. Alston, his son-in-law,
is engaged in the unlawful enterprises he is carrying on,
and is to be an actor in them. I am to add, also, that I have received
information from another source, that Mr. Alston, while
returning from Kentucky last autumn through the upper part of
your State, proposed to a Mr. Butler of that part of the country,
to join in Colonel Burr's enterprise, which he represented as of
a nature to make his fortune, and is understood to have been explained
as against Mexico, as well as for separating the Union of
these States. That Butler communicated this to a person, of the
same part of the country, called Span, who communicated it to
a Mr. Horan, the clerk of a court in that quarter; that Butler and
Span agreed to join in the enterprise, but Horan refused.
Nobody is a better judge than yourself whether any and what
measures can be taken on this information. As to General Wilkinson's
affidavit, it will be laid before the Legislature in a few
days, and, of course, will be public; but as to the other part, if
no use can be made of it, your own discretion and candor would
lead you to keep it secret. It is further well known here that
Mr. Alston is an endorser to a considerable amount, of the bills
which have enabled Colonel Burr to prepare his treasons. A
message which I shall send into the Legislature two days hence,
will give a development of them. I avail myself with pleasure
of this opportunity of recalling myself to your recollection, and
of assuring you of my constant esteem and high consideration.
January 24, 1807.
Several French vessels of war, disabled from keeping the sea,
by the storms which some time since took place on our coast,
put into the harbors of the United States to avoid the danger of
shipwreck. The Minister of their nation states that their crews
are without resources for subsistence, and other necessaries, for
the reimbursement of which he offers bills on his government,
the faith of which he pledges for their punctual payment.
The laws of humanity make it a duty for nations, as well as
individuals, to succor those whom accident and distress have
thrown upon them. By doing this in the present case, to the
extent of mere subsistence and necessaries, and so as to aid no
military equipment, we shall keep within the duties of rigorous
neutrality, which never can be in opposition to those of
humanity. We furnished, on a former occasion, to a distressed
crew of the other belligerent party, similar accommodations, and
we have ourselves received, from both those powers, friendly and
free supplies to the necessities of our vessels of war in their
Mediterranean ports. In fact, the governments of civilized
nations generally are in the practice of exercising these offices
of humanity towards each other. Our government having as
yet made no regular provision for the exchange of these offices
of courtesy and humanity between nations, the honor, the interest,
and the duty of our country requires that we should adopt
any other mode by which it may legally be done on the present
occasion. It is expected that we shall want a large sum of
money in Europe, for the purposes of the present negotiation
with Spain, and besides this we want annually large sums there,
for the discharge of our instalments of debt. Under these circumstances,
supported by the unanimous opinion of the heads of
departments, given on the 15th of December, and again about
the 10th inst., and firmly trusting that the government of France
will feel itself peculiarly interested in the punctual discharge of
the bills drawn by their Minister, for the sole subsistence of their
people, I approve of the Secretary of the Treasury's taking the
bills of the Minister of France, to an amount not exceeding sixty
thousand dollars, which according to his own, as well as our estimate,
will subsist his people until he will have had time to be
furnished with funds from his own government.
January 31st, 1807.
Satisfied that New Orleans must fall a prey to any power which
shall attack it, in spite of any means we now possess, I see no
security for it but in planting on the spot the force which is to
defend it. I therefore suggest to some members of the Senate
to add to the volunteer bill now before them, as an amendment,
some such section as that enclosed, which is on the principles of
what we agreed on last year, except the omission of the two
years' service. If, by giving one hundred miles square of that
country, we can secure the rest, and at the same time create an
American majority before Orleans becomes a State, it will be the
best bargain ever made. As you are intimate with the details
of the Land Office, I will thank you to make any amendments to
the enclosed in that part, or in any other which you may think
needs it. Affectionate salutations.
Sunday, February 1st, 1807.
The more I consider the letter of our minister in London, the
more seriously it impresses me. I believe the sine quâ non we
made is that of the nation, and that they would rather go on
without a treaty than with one which does not settle this article.
Under this dilemma, and at this stage of the business, had we
not better take the advice of the Senate? I ask a meeting at
eleven o'clock to-morrow, to consult on this question.
Washington, February 2d, 1807.
Sir,—The pressure of business during a session of the Legislature
has rendered me more tardy in addressing you than it was
my wish to have been. That our fellow citizens of the West
would need only to be informed of criminal machinations against
the public safety to crush them at once, I never entertained a
doubt. I have seen with the greatest satisfaction that among
those who have distinguished themselves by their fidelity to their
country, on the occasion of the enterprise of Mr. Burr, yourself
and the Legislature of Ohio have been the most eminent. The
promptitude and energy displayed by your State has been as
honorable to itself as salutary to its sister States; and in declaring
that you have deserved well of your country, I do but express
the grateful sentiment of every faithful citizen in it. The hand
of the people has given the mortal blow to a conspiracy which,
in other countries, would have called for an appeal to armies, and
has proved that government to be the strongest of which every
man feels himself a part. It is a happy illustration, too, of the
importance of preserving to the State authorities all that vigor
which the Constitution foresaw would be necessary, not only for
their own safety, but for that of the whole. In making these
acknowledgments of the merit of having set this illustrious example
of exertion for the common safety, I pray that they may
be considered as addressed to yourself and the Legislature particularly,
and generally to every citizen who has availed himself
of the opportunity given of proving his devotion to his country.
Accept my salutations and assurances of great consideration and
esteem.
Washington, February 3d, 1807.
Sir,—A returning express gives me an opportunity of acknowledging
the receipt of your letters of November 12th, December
9th, 10th, 14th, 18th, 25th, 26th, and January 2d. I wrote to you
January 3d, and through Mr. Briggs, January 10th. The former
being written while the Secretary at War was unable to attend
to business, gave you the state of the information we then possessed
as to Burr's conspiracy. I now enclose you a message,
containing a complete history of it from the commencement
down to the eve of his departure from Nashville; and two subsequent
messages showed that he began his descent of the
Mississippi January 1st, with ten boats, from eighty to one hundred
men of his party, navigated by sixty oarsmen not at all of
his party. This, I think, is fully the force with which he will
be able to meet your gun-boats; and as I think he was uninformed
of your proceedings, and could not get the information
till he would reach Natchez, I am in hopes that before this date
he is in your possession. Although we at no time believed he
could carry any formidable force out of the Ohio, yet we thought
it safest that you should be prepared to receive him with all the
force which could be assembled, and with that view our orders
were given; and we were pleased to see that without waiting
for them, you adopted nearly the same plan yourself, and acted
on it with promptitude; the difference between yours and ours
proceeding from your expecting an attack by sea, which we
knew was impossible, either by England or by a fleet under
Truxton, who was at home; or by our own navy, which was
under our own eye. Your belief that Burr would really descend
with six or seven thousand men, was no doubt founded on what
you knew of the numbers which could be raised in the Western
country for an expedition to Mexico, under the authority of the
government; but you probably did not calculate that the want
of that authority would take from him every honest man, and
leave him only the desperadoes of his party, which in no part of
the United States can ever be a numerous body. In approving,
therefore, as we do approve, of the defensive operations for New
Orleans, we are obliged to estimate them, not according to our
own view of the danger, but to place ourselves in your situation,
and only with your information. Your sending here Swartwout
and Bollman, and adding to them Burr, Blannerhassett, and
Tyler, should they fall into your hands, will be supported by the
public opinion. As to Alexander, who is arrived, and Ogden,
expected, the evidence yet received will not be sufficient to
commit them. I hope, however, you will not extend this deportation
to persons against whom there is only suspicion, or
shades of offence not strongly marked. In that case, I fear the
public sentiment would desert you; because, seeing no danger
here, violations of law are felt with strength. I have thought it
just to give you these views of the sentiments and sensations
here, as they may enlighten your path. I am thoroughly sensible
of the painful difficulties of your situation, expecting an attack
from an overwhelming force, unversed in law, surrounded by
suspected persons, and in a nation tender as to everything infringing
liberty, and especially from the military. You have
doubtless seen a good deal of malicious insinuation in the papers
against you. This, of course, begot suspicion and distrust in
those acquainted with the line of your conduct. We, who knew
it, have not failed to strengthen the public confidence in you;
and I can assure you that your conduct, as now known, has
placed you on ground extremely favorable with the public.
Burr and his emissaries found it convenient to sow a distrust in
your mind of our dispositions towards you; but be assured that
you will be cordially supported in the line of your duties. I
pray you to send me D.'s original letter, communicated through
Briggs, by the first entirely safe conveyance. Accept my friendly
salutations, and assurances of esteem and respect.
Washington, February 3, 1807.
Dear Sir,—I pray you to read the enclosed letter, to seal and
deliver it. It explains itself so fully, that I need say nothing. I
am sincerely concerned for Mr. Reibelt, who is a man of excellent
understanding and extensive science. If you had any academical
berth, he would be much better fitted for that than for the
bustling business of life. I enclose to General Wilkinson my
message of January 22d. I presume, however, you will have
seen it in the papers. It gives the history of Burr's conspiracy,
all but the last chapter, which will, I hope, be that of his capture
before this time, at Natchez. Your situations have been difficult,
and we judge of the merit of our agents there by the magnitude
of the danger as it appeared to them, not as it was known to us.
On great occasions every good officer must be ready to risk himself
in going beyond the strict line of law, when the public preservation
requires it; his motives will be a justification as far as
there is any discretion in his ultra-legal proceedings, and no indulgence
of private feelings. On the whole, this squall, by
showing with what ease our government suppresses movements
which in other countries requires armies, has greatly increased
its strength by increasing the public confidence in it. It has
been a wholesome lesson too to our citizens, of the necessary obedience
to their government. The Feds, and the little band of
Quids, in opposition, will try to make something of the infringement
of liberty by the military arrest and deportation of citizens,
but if it does not go beyond such offenders as Swartwout, Bollman,
Burr, Blennerhasset, Tyler, &c., they will be supported by
the public approbation. Accept my friendly salutations, and assurances
of esteem and respect.
February 6, 1807.
A resolution of the House of Representatives of yesterday, asks
from me information as to the efficacy of the gun-boat defence,
what particular ports we propose to place them in, and how many
in each. I will enumerate the particular ports, but instead of saying
literally how many to each, on which there would be a thousand
opinions, I will throw them into groups as below, and say how
many to each group. Will you be so good as to state how many
you would think necessary for each of the ports below mentioned,
to give then such a degree of protection as you think would
be sufficiently effectual in time of war? Also to strike out any
of the ports here named, and insert others as you shall think best:
| Mississippi river, |
} |
| Lake Ponchartrain, |
} |
| Savannah, |
} |
| Beaufort, |
} |
| Charleston, |
} |
| Cape Fear, |
} |
| Ocracock, |
}
|
| Chesapeake Bay and water,
|
| Delaware Bay,
|
| New York, |
} |
| New London, |
} |
| Newport, |
}
|
| Boston, |
} |
| Newburyport, |
} |
| Portsmouth, |
} |
| Portland, |
} |
| Kennebeck, |
} |
| Penobscot, |
}
|
| Passamaquoddy. |
Send me also, if you please, copies of the opinions of certain
officers on the effect of gun-boats, which I believe, were formerly
laid before a committee.
A similar note in substance was sent to General Dearborne.
February 9, 1807.
I thank you for the case in the Siman Sea, which escaped my
recollection. It was indeed a very favorable one. I have adopted
your other amendments, except as to the not building now;
my own opinion being very strongly against this for these reasons:
1st. The 127 gun-boats cannot be built in one, two, or
even six months. Commodore Preble told me he could build
those he undertook, in two months. They were but four, and
though he was preparing during the winter, was engaged in
April, and pressed to expedite them, they were not ready for
sea till November. 2d. After war commences they cannot be
built in New York, Boston, Norfolk, or any seaport, because they
would be destroyed by the enemy, on the stocks. They could
then be built only in interior places, inaccessible to ships and
defended by the body of the country, where the building would
be slow. 3d. The first operation of war by an enterprising enemy
would be to sweep all our seaports, of their vessels at least.
4th. The expense of their preservation would be all but nothing,
because I have had the opinion of, I believe, every captain of the
navy, that the largest of our gun-boats can be drawn up, out of
the water, and placed under a shed with great ease, by preparing
ways and capstans proper for it, and always ready to let her down
again. Such of them as are built in suitable places may remain
on the stocks unlaunched. 5th. Full the half of the whole number
would be small, and not costing more than three-fifths of the
large ones. Affectionate salutations.
Washington, February 11, 1807.
Sir,—The mass of business which occurs during a session of
the Legislature, renders me necessarily unpunctual in acknowledging
the receipt of letters, and in answering those which will
admit of delay. This must be my apology for being so late in
noticing the receipt of the letter of December 20th, addressed to
me by yourself, and several other republican characters of your
State of high respectability. I have seen with deep concern the
afflicting oppression under which the republican citizens of Connecticut
suffer from an unjust majority. The truths expressed
in your letter have been long exposed to the nation through the
channel of the public papers, and are the more readily believed
because most of the States during the momentary ascendancy of
kindred majorities, in them have seen the same spirit of opposition
prevail.
With respect to the countervailing prosecutions now instituted
in the Court of the United States in Connecticut, I had heard
but little, and certainly, I believe, never expressed a sentiment
on them. That a spirit of indignation and retaliation should
arise when an opportunity should present itself, was too much
within the human constitution to excite either surprise or censure,
and confined to an appeal to truth only, it cannot lessen the
useful freedom of the press.
As to myself, conscious that there was not a truth on earth
which I feared should be known, I have lent myself willingly as
the subject of a great experiment, which was to prove that an
administration, conducting itself with integrity and common understanding,
cannot be battered down, even by the falsehoods of
a licentious press, and consequently still less by the press, as restrained
within the legal and wholesome limits of truth. This
experiment was wanting for the world to demonstrate the falsehood
of the pretext that freedom of the press is incompatible
with orderly government. I have never therefore even contradicted
the thousands of calumnies so industriously propagated against
myself. But the fact being once established, that the press is
impotent when it abandons itself to falsehood, I leave to others
to restore it to its strength, by recalling it within the pale of
truth. Within that it is a noble institution, equally the friend
of science and of civil liberty. If this can once be effected in
your State, I trust we shall soon see its citizens rally to the republican
principles of our Constitution, which unite their sister-States
into one family. It would seem impossible that an
intelligent people, with the faculty of reading and right of thinking,
should continue much longer to slumber under the pupilage
of an interested aristocracy of priests and lawyers, persuading
them to distrust themselves, and to let them think for them. I
sincerely wish that your efforts may awaken them from this voluntary
degradation of mind, restore them to a due estimate of
themselves and their fellow-citizens, and a just abhorrence of the
falsehoods and artifices which have seduced them. Experience
of the use made by federalism of whatever comes from me,
obliges me to suggest the caution of considering my letter as
private. I pray you to present me respectfully to the other gentlemen
who joined in the letter to me, and to whom this is
equally addressed, and to accept yourself my salutations, and assurances
of great esteem and consideration.
February 14, 1807.
Thomas Jefferson salutes General Dearborne with friendship,
and communicates the following information from Captain Lewis,
which may be useful to Colonel Freeman, and our future explorers;
and indeed may enable us understandingly to do acceptable
things to our Louisiana neighbors when we wish to gratify
them.
He says the following are the articles in highest value with
them:
1. Blue beads. This is a coarse cheap bead imported from
China, and costing in England 13d. the pound, in strands.
It is far more valued by the Indians than the white beads of the
same manufacture, and answers all the purposes of money, being
counted by the fathom. He says that were his journey to be
performed again, one-half or two-thirds of his stores in value
should be of these.
2. Common brass buttons, more valued than anything except
beads.
3. Knives.
4. Battleaxes and tomahawks.
5. Sadlers' seat awls, which answer for moccasin awls.
6. Some glovers' needles.
7. Some iron combs.
8. Some nests of camp kettles; brass is much preferred to
iron, though both are very useful to the Indians.
Arrow-points should have been added.
Washington, February 20, 1807.
Dear Sir,—I did not receive your letter of the 18th till this
morning. I am as yet in possession of no evidence against
Adair, which could convict him. General Wilkinson writes me
that he would send the evidence against him and Ogden by the
officer bringing them, and that officer informed General Dearborne
(from Baltimore) that he was in possession of a large
packet from General Wilkinson to me, which he was ordered to
deliver into my hands only; and, on that, he was ordered to
come on with his prisoners, that they and the evidence against
them might be delivered up to the court here. If the evidence,
however, be found conclusive, they can be arrested again, if it
shall be worth while. Their crimes are defeated, and whether
they shall be punished or not belongs to another department, and
is not the subject of even a wish on my part. Accept my
friendly salutations, and assurances of great respect and esteem.
Washington, February 25, 1807.
Dear Sir,—I enclose you a letter from Dr. Goforth on the
subject of the bones of the mammoth. Immediately on the receipt
of this, as I found it was in my power to accomplish the
wishes of the society for the completion of this skeleton with
more certainty than through the channel proposed in the letter,
I set the thing into motion, so that it will be effected without
any expense to the society, or other trouble than to indicate the
particular bones wanting. Being acquainted with Mr. Ross,
proprietor of the big bone lick, I wrote to him for permission to
search for such particular bones as the society might desire, and
I expect to receive it in a few days. Captain Clarke (companion
of Captain Lewis) who is now here, agrees, as he passes
through that country, to stop at the Lick, employ laborers, and
superintend the search at my expense, not that of the society,
and to send me the specific bones wanted, without further trespassing
on the deposit, about which Mr. Ross would be tender,
and particularly where he apprehended that the person employed
would wish to collect for himself. If therefore you will be
so good as to send me a list of the bones wanting (the one you
formerly sent me having been forwarded to Dr. Brown), the
business shall be effected without encroaching at all on the
funds of the society, and it will be particularly gratifying to me
to have the opportunity of being of some use to them. But send
me the list if you please without any delay, as Captain Clarke
returns in a few days, and we should lose the opportunity. I
send you a paper from Dr. Thornton for the society. Accept
my friendly salutations, and assurances of great esteem and respect.
Washington, February 28, 1807.
Sir,—Your favor of the 24th was received this morning.
The greatest favor which can be done me is the communication
of the opinions of judicious men, of men who do not suffer their
judgments to be biassed by either interests or passions. Of this
character, I know Mr. Morgan to be. I return you the original
of the letter of January 15th, having copied it to a mark in the
4th page, which you will see. I retain, as I understand, with
your permission, the copies of those of January 22d and 27th,
because they are copies; and the original of December 31st, because
it relates wholly to public matters. They shall be sacredly
reserved to myself, and for my own information only. The
fortification of New Orleans will be taken up on a sufficient
footing; but the other part of Mr. Morgan's wish, an additional
regular force, will not prevail. The spirit of this country is
totally adverse to a large military force. I have tried for two
sessions to prevail on the Legislature to let me plant thirty thousand
well chosen volunteers on donation lands on the west side
of the Mississippi, as a militia always at hand for the defence
of New Orleans; but I have not yet succeeded. The opinion
grows, and will perhaps ripen by the next session. A great security
for that country is, that there is a moral certainty that
neither France nor England would meddle with that country,
while the present state of Europe continues, and Spain we fear
not. Accept my salutations, and assurances of esteem and respect.
February 28, 1807.
Great and good Friend,—Having received your letter of
September last, which notifies your accession to the throne of
Holland, I tender you in behalf of the United States my congratulations
on this event. Connected with that nation by the
earliest ties of friendship, and maintaining with them uninterrupted
relations of peace and commerce, no event which interests
their welfare can be indifferent to us. It is therefore with great
pleasure I receive the assurances of your majesty that you will
continue to cherish these ancient relations; and we shall, on our
part, endeavor to strengthen your good will by a faithful observance
of justice, and by all the good offices which occasion shall
permit. Distant as we are from the powers of Europe, and devoted
to pursuits which separate us from their affairs, we still
look with brotherly concern on whatever affects those nations,
and offer constant prayers for their welfare. With a friendly solicitude
for your Majesty's person, I pray God, that he may always
have you, great and good friend, in His holy keeping.
Done, &c.
Washington, February 28, 1807.
Dear Sir,—Your letter of January the 20th was received in
due time. But such has been the constant pressure of business,
that it has been out of my power to answer it. Indeed, the subjects
of it would be almost beyond the extent of a letter, and as
I hope to see you ere long at Monticello, it can then be more
effectually done verbally. Let me observe, however, generally,
that it is impossible for my friends ever to render me so acceptable
a favor, as by communicating to me, without reserve, facts
and opinions. I have none of that sort of self-love which winces
at it; indeed, both self-love and the desire to do what is best,
strongly invite unreserved communication. There is one subject
which will not admit a delay till I see you. Mr. T. M. Randolph
is, I believe, determined to retire from Congress, and it is
strongly his wish, and that of all here, that you should take his
place. Never did the calls of patriotism more loudly assail you
than at this moment. After excepting the federalists, who will
be twenty-seven, and the little band of schismatics, who will be
three or four (all tongue), the residue of the House of Representatives
is as well disposed a body of men as I ever saw collected.
But there is no one whose talents and standing, taken together,
have weight enough to give him the lead. The consequence is,
that there is no one who will undertake to do the public business,
and it remains undone. Were you here, the whole would
rally round you in an instant, and willingly co-operate in whatever
is for the public good. Nor would it require you to undertake
drudgery in the House. There are enough, able and willing
to do that. A rallying point is all that is wanting. Let me
beseech you then to offer yourself. You never will have it so
much in your power again to render such eminent service.
Accept my affectionate salutations and high esteem.
March 7, 1807.
In the case of Mr. Bloodworth, our first duty is to save the
public from loss; the second, to aid the securities in saving themselves.
They have not asked a dismission, which would probably
do them injury, but an examination. I should think it
equally safe for the public, and better for the securities, to send
them a dismission of the collector, to be used or not at their discretion.
With this in their hand, they could compel him to convey
his property as a security to them, and to receive deputies of
their appointment, who should apply all the future emoluments
of the collector, or a given part of them, towards making up the
deficit. But in such case, faithful reports should be made to you
from time to time, that you may see that this operation is honestly
going on, and no new danger arising to the public. These
ideas are submitted merely for your consideration, as I am ready
to sign a dismission as above proposed, or make a new appointment
at once, whichever you think best. Affectionate salutations.
Washington, March 10, 1807.
Sir,—I have received your letter of yesterday, asking the
application of a part of a late appropriation of Congress, to certain
avenues and roads in this place.
The only appropriation ever before made by Congress to an
object of this nature, was "to the public buildings and the highways
between them." This ground was deliberately taken, and
I accordingly restrained the application of the money to the
avenue between the Capitol and the Executive buildings, and
the roads round the two squares.
The last appropriation was in terms much more lax, to wit,
"for avenues and roads in the District of Columbia." This, indeed,
would take in a large field, but besides that we cannot
suppose Congress intended to tax the people of the United States
at large, for all the avenues in Washington and roads in Columbia;
we know the fact to have been that the expression was
strongly objected to, and was saved merely from a want of time
to discuss, (the last day of the session,) and the fear of losing the
whole bill. But the sum appropriated (three thousand dollars)
shows they did not mean it for so large a field; for by the time
the Pennsylvania avenue, between the two houses, is widened,
newly gravelled, planted, brick tunnels instead of wood, the
roads round the squares put in order, and that in the south front
of the war office dug down to its proper level, there will
be no more of the three thousand dollars left than will be wanting
for constant repairs. With this view of the just and probable
intention of the Legislature, I shall not think myself
authorized to take advantage of a lax expression, forced on by
circumstances, to carry the execution of the law into a region of
expense which would merit great consideration before they
should embark in it. Accept my friendly salutations, and assurances
of great esteem and respect.
March 20, 1807.
I think with you it is better to leave the leasing the Salt
Springs to Governor Harrison, who will do it according to general
rules; and I am averse to giving contracts of any kind to
members of the Legislature. On the subject of Latimer's letter,
I gave him a general answer, that all indulgence permitted by
the spirit of the law would be used. I am unable to give any
particular opinion, because the law not having been printed yet,
I cannot turn to it; but I am ready to approve any proposition
you think best. Indeed, I have but a little moment in the morning
in which I can either read, write, or think; being obliged to
be shut up in a dark room from early in the forenoon till night,
with a periodical head-ache. Affectionate salutations.
Washington, March 21, 1807.
Sir,—Although the present state of things on the western side
of the Mississippi does not threaten any immediate collision with
our neighbors in that quarter, and it is our wish they should remain
undisturbed until an amicable adjustment may take place;
yet as this does not depend on ourselves alone, it has been thought
prudent to be prepared to meet any movements which may occur.
The law of a former session of Congress, for keeping a body of
100,000 militia in readiness for service at a moment's warning,
is still in force. But by an act of the last session, a copy of
which I now enclose, the Executive is authorized to accept the
services of such volunteers as shall offer themselves on the conditions
of the act, which may render a resort to the former act
unnecessary. It is for the execution of this act that I am now
to solicit your zealous endeavors. The persons who shall engage
will not be called from their homes until some aggression, committed
or intended, shall render it necessary. When called into
action, it will not be for a lounging, but for an active, and perhaps
distant, service. I know the effect of this consideration in
kindling that ardor which prevails for this service, and I count
on it for filling up the numbers requisite without delay. To
yourself, I am sure, it must be as desirable as it is to me, to transfer
this service from the great mass of our militia to that portion
of them, to whose habits and enterprise active and distant service
is most congenial. In using, therefore, your best exertions towards
accomplishing the object of this act, you will render to
your constituents, as well as to the nation, a most acceptable
service.
With respect to the organizing and officering those who shall
be engaged within your State, the act itself will be your guide;
and as it is desirable that we should be kept informed of the progress
in this business, I must pray you to report the same from
time to time to the Secretary at War, who will correspond with
you on all the details arising out of it.
I salute you with great consideration and respect.
Washington, March 21, 1807.
Dear Sir,—A copy of the treaty with Great Britain came to
Mr. Erskine's hands on the last day of the session of Congress,
which he immediately communicated to us; and since that Mr.
Purviance has arrived with an original. On the subject of it you
will receive a letter from the Secretary of State, of about this
date, and one more in detail hereafter. I should not have written,
but that I perceive uncommon efforts, and with uncommon
wickedness, are making by the federal papers to produce mischief
between myself, personally, and our negotiators; and also
to irritate the British government, by putting a thousand speeches
into my mouth, not one word of which I ever uttered. I have,
therefore, thought it safe to guard you, by stating the view
which we have given out on the subject of the treaty, in conversation
and otherwise; for ours, as you know, is a government
which will not tolerate the being kept entirely in the dark, and
especially on a subject so interesting as this treaty. We immediately
stated in conversation, to the members of the Legislature
and others, that having, by a letter received in January, perceived
that our ministers might sign a treaty not providing satisfactorily
against the impressment of our seamen, we had, on the 3d of
February, informed you, that should such an one have been forwarded,
it could not be ratified, and recommending, therefore
that you should resume negotiations for inserting an article to
that effect; that we should hold the treaty in suspense until we
could learn from you the result of our instructions, which probably
would not be till summer, and then decide on the question
of calling the Senate. We observed, too, that a written declaration
of the British commissioners, given in at the time of signature,
would of itself, unless withdrawn, prevent the acceptance
of any treaty, because its effect was to leave us bound by the
treaty, and themselves totally unbound. This is the statement
we have given out, and nothing more of the contents of the
treaty has ever been made known. But depend on it, my dear
Sir, that it will be considered as a hard treaty when it is known.
The British commissioners appear to have screwed every article
as far as it would bear, to have taken everything, and yielded
nothing. Take out the eleventh article, and the evil of all the
others so much overweighs the good, that we should be glad to
expunge the whole. And even the eleventh article admits only
that we may enjoy our right to the indirect colonial trade, during
the present hostilities. If peace is made this year, and war resumed
the next, the benefit of this stipulation is gone, and yet
we are bound for ten years, to pass no non-importation or non-intercourse
laws, nor take any other measures to restrain
the unjust pretensions and practices of the British. But on
this you will hear from the Secretary of State. If the treaty
can not be put into acceptable form, then the next best thing is
to back out of the negotiation as well as we can, letting that die
away insensibly; but, in the meantime, agreeing informally, that
both parties shall act on the principles of the treaty, so as to preserve
that friendly understanding which we sincerely desire, until
the one or the other may be deposed to yield the points which
divide us. This will leave you to follow your desire of coming
home, as soon as you see that the amendment of the treaty is
desperate. The power of continuing the negotiations will pass
over to Mr. Pinckney, who, by procrastinations, can let it die
away, and give us time, the most precious of all things to us.
The government of New Orleans is still without such a head as I
wish. The salary of five thousand dollars is too small; but I am
assured the Orleans legislature would make it adequate, would
you accept it. It is the second office in the United States in importance,
and I am still in hopes you will accept it. It is impossible
to let you stay at home while the public has so much need
of talents. I am writing under a severe indisposition of periodical
headache, without scarcely command enough of my mind to
know what I write. As a part of this letter concerns Mr. Pinckney
as well as yourself, be so good as to communicate so much
of it to him; and with my best respects to him, to Mrs. Monroe
and your daughter, be assured yourself, in all cases, of my constant
and affectionate friendship and attachment.
Washington, March 24th, 1807.
Dear Sir,—The two receipts of Poncin's have come safely to
hand. The account had been settled without difficulty. The
federal papers appear desirous of making mischief between us and
England, by putting speeches into my mouth which I never
uttered. Perceiving, by a letter received in January, that our
commissioners were making up their mind to sign a treaty which
contained no provision against impressment, we immediately instructed
them not to do so; and if done, to consider the treaty
as not accepted, and to resume their negociations to supply an
article against impressment. We therefore hold the treaty in
suspense, until we hear what is done in consequence of our last
instructions. Probably we shall not hear till midsummer, and
we reserve till that time the question of calling the Senate. In
the meantime, to show the continuance of a friendly spirit, we
continue the suspension of the non-importation act by proclamation.
Another cause for not accepting the treaty was a written
declaration by the British commissioner, at the time of signing,
reserving a right, if we did not oppose the French decree to their
satisfaction, to retaliate in their own way, however it might
affect the treaty; so that, in fact, we were to be bound, and they
left free. I think, upon the whole, the emperor cannot be dissatisfied
at the present state of things between us and England,
and that he must rather be satisfied at our unhesitating rejection
of a proposition to make common cause against him, for such in
amount it was. Burr has indeed made a most inglorious exhibition
of his much over-rated talents. He is now on his way to
Richmond for trial. Accept my friendly salutations, and assurances
of constant esteem and respect.
Washington, March 25th, 1807.
Dear Sir,— * * * * *
Burr is on his way to Richmond for trial. No man's history
proves better the value of honesty. With that, what might he
not have been! I expect you are at a loss to understand the
situation of the British treaty, on which the newspapers make so
many speeches for me which I never made. It is exactly this.
By a letter received from our negotiators in January, we found
they were making up their minds to sign a treaty containing no
provision against the impressment of our seamen. We instantly
(February 3d) instructed them not to do so; and that if such a
treaty had been forwarded, it could not be ratified; that therefore
they must immediately resume the negociations to supply
that defect, as a sine quâ non. Such a treaty having come to
hand, we of course suspend it, until we know the result of the
instructions of February 3d, which probably will not be till midsummer.
We reserve ourselves till then to decide the question
of calling the Senate. In the meantime, I have, by proclamation
continued the suspension of the non-importation law, as a proof
of the continuance of friendly dispositions. There was another
circumstance which would have prevented the acceptance of the
treaty. The British commissioners, at the time of signing, gave
in a written declaration, that until they knew what we meant to
do in the subject of the French decree, the king reserved to
himself the right of not ratifying, and of taking any measures
retaliating on France which he should deem proper, notwithstanding
the treaty. This made the treaty binding on us; while
he was loose to regard it or not, and clearly squinted at the expectation
that we should join in resistance to France, or they
would not regard the treaty. We rejected this idea unhesitatingly.
I expected to have paid a short visit to Monticello before this,
but have been detained by the illness of my son-in-law, Mr.
Randolph, and now by an attack of periodical headache on
myself. This leaves me but an hour and a half each morning
capable of any business at all. A part of this I have devoted to
write you this letter, and to assure you of my constant friendship
and respect.
Washington, March 26th, 1807.
Sir,—Your favors of January 19th and 20th came to hand in
due time, but it was not in my power to acknowledge their
receipt during the session of Congress. General Gage's paper I
have filed with that on Pensacola, in the War Office, and Mr.
Hutchins' map, in the Navy Office, where they will be useful. I
tender you my thanks for this contribution to the public service.
The bed of the Mississippi and the shoals on the coast change so
frequently, as to require frequent renewals of the surveys. Congress
have authorized a new survey of our whole coast, by an act
of the last session. Burr is on his way to Richmond for trial;
and if the judges do not discharge him before it is possible to
collect the testimony from Maine to New Orleans, there can be
no doubt where his history will end. To what degree punishments
of his adherents shall be extended, will be decided when
we shall have collected all the evidence, and seen who were
cordially guilty. The federalists appear to make Burr's cause
their own, and to spare no efforts to screen his adherents. Their
great mortification is at the failure of his plans. Had a little
success dawned on him, their openly joining him might have
produced some danger. As it is, I believe the undertaking will
not be without some good effects, as a wholesome lesson to those
who have more ardor than principle. I believe there is reason
to expect that Blennerhasset will also be sent by the judges of
Mississippi to Virginia. Yours was the very first intimation I
had of this plot, for which it is but justice to say you have deserved
well of your country. Accept my friendly salutations,
and assurances of great esteem and respect.
Washington, March 27, 1807.
Sir,—I received on the 24th of January a communication,
which from an endorsement in your hand, I knew to have come
from you. Others had been received at different periods before,
which candor obliges me frankly to say, had not been answered
because some of the earliest of them had been of a
character with which I thought it my duty to be dissatisfied.
Observing, however, that you have continued to turn your attention
assiduously to the public interests, and to communicate
to the government your ideas, which have often been useful, I
expunge from my mind the umbrage which had been taken, and
wish it no more to be recollected or explained on either side.
Your idea of providing as many arms as we have fighting
men, is undoubtedly a sound one. Its execution, however, depends
on the Legislature. Composed, indeed, of gentlemen of
the best intentions, but like all others collected in mass, requiring
considerable time to receive impressions, however useful, if new.
Time and reflection will not fail in the end to bring them to
whatever is right. The session before the last I proposed to
them the classification of the militia, so that those in the prime
of life only, and unburthened with families, should ever be called
into distant service; and that every man should receive a stand
of arms the first year he entered the militia. This would have
required 40,000 stands a year, and in a few years would have
armed the whole, besides the stock in the public arsenals, which
is a good one. Converts to the measure are daily coming over,
and it will prevail in time. The same thing will happen as to
the employing the surplus of our revenues to roads, rivers, canals,
education. The proposition for building lock-docks for the preservation
of our navy, has local rivalries to contend against. Till
these can be overruled or compromised, the measure can never
be adopted. Yet there ought never to be another ship built
until we can provide some method of preserving them through
the long intervals of peace which I hope are to be the lot of our
country. I understand that, employing private as well as the
public manufactories, we can make about 40,000 stand of arms
a year. But they come so much dearer than the imported of
equal quality, that we shall import also. From the beginning
of my administration, I have discouraged the laying in stores of
powder, but have recommended great stores of sulphur and salt-petre.
I confess, however, I do not apprehend that the dislike
which I know the European governments have to our form, will
combine them in any serious attempts against it. They have
too many jealousies of one another, to engage in distant wars for
a matter of opinion only. I verily believe that it will ever be in
our power to keep so even a stand between England and France,
as to inspire a wish in neither to throw us into the scale of his
adversary. But if we can do this for a dozen years only, we
shall have little to fear from them. Accept my salutations, and
assurances of esteem and respect.
Washington, March 28, 1807.
Sir,—Your letters of August 10th and September 18th have
been duly received, and I have to thank you for the safe transmission
of the four volumes of the "Vocabulaires Comparés de
Pallas," for which I am indebted, through you, to the Minister
of Commerce, Count Romanzoff. I must pray you, in a particular
manner, to express to his Excellency my sensibility for this mark
of his obliging attention, rendered the more impressive from a
high esteem for his personal character, and from the hope that
an interchange of personal esteem may contribute to strengthen
the friendship of the two nations, bound together by many
similar interests. To this I must add by anticipation my thanks
for his work on the Commerce of Russia, as well as to Count
Potoski, for the two works from him, which you mention to have
been sent by Mr. A. Smith, and which, I doubt not, will come
safely to hand. Accept for yourself my salutations and assurances
of esteem and respect.
March 29, 1807.
A doubt is entertained whether the Acts of Congress respecting
claims to lands in Orleans and Louisiana, and authorizing the
commissioners "to decide according to the laws and established
usages and customs of the French and Spanish governments,
upon all claims to lands within their respective districts," &c.,
meant to give that power as to all claims, or to restrict it to
those claims only which had been previously recognized by
Congress.
Were it necessary for us to decide that question, I should be
of opinion that it meant all claims, because the words are general.
"All claims to lands within their respective districts," and
there are no other words restricting them to those claims only,
previously recognized by Congress; and because the intention
of the Act was to quiet and satisfy all the minor claimants, and
reserve only the great and fraudulent speculations for rigorous
examination.
But the Board of Commissioners, being a judiciary tribunal, I
should think it proper to leave them to the law itself, as their instructions,
on the meaning of which they are competent to decide,
and, being on the spot, are better informed of the nature of those
claims than we are. Affectionate salutations.
March 29, 1807.
Many officers of the army being involved in the offence of intending
a military enterprise against a nation at peace with the
United States, to remove the whole without trial, by the paramount
authority of the executive, would be a proceeding of unusual
severity. Some line must therefore be drawn to separate
the more from the less guilty. The only sound one which occurs
to me is between those who believed the enterprise was with
the approbation of the government, open or secret, and those who
meant to proceed in defiance of the government. Concealment
would be no line at all, because all concealed it. Applying the
line of defiance to the case of Lieutenant Meade, it does not
appear by any testimony I have seen, that he meant to proceed
in defiance of the government, but, on the contrary, that he was
made to believe the government approved of the expedition. If
it be objected that he concealed a part of what had taken place
in his communications to the Secretary at War, yet if a concealment
of the whole would not furnish a proper line of distinction,
still less would the concealment of a part. This too would be
a removal for prevarication, not for unauthorized enterprise,
and could not be a proper ground for exercising the extraordinary
power of removal by the President. On the whole, I think
Lieutenant Meade's is not a case for its exercise. Affectionate
salutations.
Washington, March 29, 1807.
Dear Sir,—I have duly received your letter of the 25th, proposing
the appointment of an assistant-engraver to the Mint, at a
salary of $600, and that Mr. Reich should be the assistant. You
are so exclusively competent to decide on the want of such an
officer, that I approve the proposition in the faith of your opinion.
With respect to the person to be appointed, my knowledge of
the superior talents of Mr. Reich concurs with your recommendation
in the propriety of appointing him.
I should approve of your employing the Mint on small silver
coins, rather than on dollars and gold coins, as far as the consent
of those who employ it can be obtained. It would be much
more valuable to the public to be supplied with abundance of
dimes and half dimes, which would stay among us, than with
dollars and eagles which leave us immediately. Indeed I wish
the law authorized the making two cent and three cent pieces
of silver, and golden dollars, which would all be large enough to
handle, and would be a great convenience to our own citizens.
Accept my affectionate salutations.
Washington, March 29, 1807.
My Dear and Ancient Friend,—Your letter of August the
29th reached me on the 18th of February. It enclosed a duplicate
of that written from Brunswick five years before, but which
I never received, or had notice of, but by this duplicate. Be
assured, my friend, that I was incapable of such negligence towards
you, as a failure to answer it would have implied. It
would illy have accorded with those sentiments of friendship I
entertained for you at Paris, and which neither time nor distance
has lessened. I often pass in review the many happy hours I
spent with Madame Diodati and yourself on the banks of the
Seine, as well as at Paris, and I count them among the most
pleasing I enjoyed in France. Those were indeed days of tranquillity
and happiness. They had begun to cloud a little before
I left you; but I had no apprehension that the tempest, of which
I saw the beginning, was to spread over such an extent of space
and time. I have often thought of you with anxiety, and
wished to know how you weathered the storm, and into what
port you had retired. The letters now received give me the first
information, and I sincerely felicitate you on your safe and quiet
retreat. Were I in Europe, pax et panis would certainly be my
motto. Wars and contentions, indeed, fill the pages of history
with more matter. But more blest is that nation whose silent
course of happiness furnishes nothing for history to say. This is
what I ambition for my own country, and what it has fortunately
enjoyed for now upwards of twenty years, while Europe has been
in constant volcanic eruption, I again, my friend, repeat my joy
that you have escaped the overwhelming torrent of its lava.
At the end of my present term, of which two years are yet to
come, I propose to retire from public life, and to close my days
on my patrimony of Monticello, in the bosom of my family. I
have hitherto enjoyed uniform health; but the weight of public
business begins to be too heavy for me, and I long for the enjoyments
of rural life, among my books, my farms and my family.
Having performed my quadragena stipendia, I am entitled to
my discharge, and should be sorry, indeed, that others should
be sooner sensible than myself when I ought to ask it. I have,
therefore, requested my fellow citizens to think of a successor
for me, to whom I shall deliver the public concerns with greater
joy than I received them. I have the consolation too of having
added nothing to my private fortune, during my public service,
and of retiring with hands as clean as they are empty. Pardon
me these egotisms, which, if ever excusable, are so when writing
to a friend to whom our concerns are not uninteresting. I shall
always be glad to hear of your health and happiness, and having
been out of the way of hearing of any of our cotemporaries of
the corps diplomatique at Paris, any details of their subsequent
history which you will favor me with, will be thankfully received.
I pray you to make my friendly respects acceptable to
Madame la Comtesse Diodati, to assure M. Tronchin of my continued
esteem, and to accept yourself my affectionate salutations,
and assurances of constant attachment and respect.
Washington, April 2, 1807.
Dear Sir,—I wrote you on the 10th of July last; but neither
your letter of October the 20th, nor that of November the 15th
mentioning the receipt of it, I fear it has miscarried. I therefore
now enclose a duplicate. As that was to go under cover
of the Secretary of State's despatches by any vessel going from
our distant ports, I retained the polygraph therein mentioned for
a safer conveyance. None such has occurred till now, that the
United States armed brig the Wasp, on her way to the Mediterranean
is to touch at Falmouth, with despatches for our ministers
at London and at Brest, with others for yourself and General
Armstrong.
You heard in due time from London of the signature of a
treaty there between Great Britain and the United States. By
a letter we received in January from our ministers at London,
we found they were making up their minds to sign a treaty, in
which no provision was made against the impressment of our
seamen, contenting themselves with a note received in the course
of their correspondence, from the British negotiators, assuring
them of the discretion with which impressments should be conducted,
which could be construed into a covenant only by inferences,
against which its omission in the treaty was a strong
inference; and in its terms totally unsatisfactory. By a letter of
February the 3d, they were immediately informed that no treaty,
not containing a satisfactory article on that head, would be ratified,
and desiring them to resume the negotiations on that point.
The treaty having come to us actually in the inadmissible
shape apprehended, we, of course, hold it up until we know the
result of the instructions of February the 3d. I have but little
expectation that the British government will retire from their
habitual wrongs in the impressment of our seamen, and am certain,
that without that, we will never tie up our hands by treaty,
from the right of passing a non-importation or non-intercourse
act, to make it her interest to become just. This may bring on
a war of commercial restrictions. To show, however, the sincerity
of our desire for conciliation, I have suspended the non-importation
act. This state of things should be understood at
Paris, and every effort used on your part to accommodate our
differences with Spain, under the auspices of France, with whom
it is all important that we should stand in terms of the strictest
cordiality. In fact, we are to depend on her and Russia for the
establishment of neutral rights by the treaty of peace, among
which should be that of taking no persons by a belligerent out
of a neutral ship, unless they be the soldiers of an enemy.
Never did a nation act towards another with more perfidy and
injustice than Spain has constantly practised against us: and if
we have kept our hands off of her till now, it has been purely
out of respect to France, and from the value we set on the
friendship of France. We expect, therefore, from the friendship
of the Emperor, that he will either compel Spain to do us justice,
or abandon her to us. We ask but one month to be in
possession of the city of Mexico.
No better proof of the good faith of the United States could
have been given, than the vigor with which we have acted,
and the expense incurred, in suppressing the enterprise meditated
lately by Burr against Mexico. Although at first, he proposed
a separation of the western country, and on that ground received
encouragement and aid from Yrujo, according to the usual spirit
of his government towards us, yet he very early saw that the fidelity
of the western country was not to be shaken, and turned
himself wholly towards Mexico. And so popular is an enterprise
on that country in this, that we had only to lie still, and
he would have had followers enough to have been in the city of
Mexico in six weeks. You have doubtless seen my several
messages to Congress, which give a faithful narrative of that
conspiracy. Burr himself, after being disarmed by our endeavors
of all his followers, escaped from the custody of the court of
Mississippi, but was taken near Fort Stoddart, making his way
to Mobile, by some country people, who brought him on as a
prisoner to Richmond, where he is now under a course for trial.
Hitherto we have believed our law to be, that suspicion on probable
grounds was sufficient cause to commit a person for trial,
allowing time to collect witnesses till the trial. But the judges
here have decided, that conclusive evidence of guilt must be
ready in the moment of arrest, or they will discharge the malefactor.
If this is still insisted on, Burr will be discharged; because
his crimes having been sown from Maine, through the
whole line of the western waters, to New Orleans, we cannot
bring the witnesses here under four months. The fact is, that
the federalists make Burr's cause their own, and exert their whole
influence to shield him from punishment, as they did the adherents
of Miranda. And it is unfortunate that federalism is
still predominant in our judiciary department, which is consequently
in opposition to the legislative and executive branches,
and is able to baffle their measures often.
Accept my friendly salutations, and assurances of great esteem
and respect.
Monticello, April 20, 1807.
Dear Sir,—Your favor of the 6th instant, on the subject of
Burr's offences, was received only four days ago. That there
should be anxiety and doubt in the public mind, in the present
defective state of the proof, is not wonderful; and this has been
sedulously encouraged by the tricks of the judges to force trials
before it is possible to collect the evidence, dispersed through
a line of two thousand miles from Maine to Orleans. The federalists,
too, give all their aid, making Burr's cause their own,
mortified only that he did not separate the Union or overturn
the government, and proving, that had he had a little dawn of
success, they would have joined him to introduce his object,
their favorite monarchy, as they would any other enemy, foreign
or domestic, who could rid them of this hateful republic for any
other government in exchange.
The first ground of complaint was the supine inattention of
the administration to a treason stalking through the land in open
day. The present one, that they have crushed it before it was
ripe for execution, so that no overt acts can be produced. This
last may be true; though I believe it is not. Our information
having been chiefly by way of letter, we do not know of a certainty
yet what will be proved. We have set on foot an inquiry
through the whole of the country which has been the scene of
these transactions, to be able to prove to the courts, if they will
give time, or to the public by way of communication to Congress,
what the real facts have been. For obtaining this, we
are obliged to appeal to the patriotism of particular persons in
different places, of whom we have requested to make the inquiry
in their neighborhood, and on such information as shall
be voluntarily offered. Aided by no process or facilities from
the federal courts, but frowned on by their new born zeal for
the liberty of those whom we would not permit to overthrow
the liberties of their country, we can expect no revealments from
the accomplices of the chief offender. Of treasonable intentions,
the judges have been obliged to confess there is probable appearance.
What loophole they will find in the case, when it comes
to trial, we cannot foresee. Eaton, Stoddart, Wilkinson, and
two others whom I must not name, will satisfy the world, if not
the judges, of Burr's guilt. And I do suppose the following
overt acts will be proved. 1. The enlistment of men, in a regular
way. 2. The regular mounting of guard round Blennerhasset's
island when they expected Governor Tiffin's men to
be on them, modo guerrino arraiati. 3. The rendezvous of
Burr with his men at the mouth of Cumberland. 4. His letter
to the acting Governor of Mississippi, holding up the prospect of
civil war. 5. His capitulation regularly signed with the aids
of the Governor, as between two independent and hostile commanders.
But a moment's calculation will show that this evidence cannot
be collected under four months, probably five, from the moment
of deciding when and where the trial shall be. I desired Mr.
Rodney expressly to inform the Chief Justice of this, inofficially.
But Mr. Marshall says, "More than five weeks have elapsed since
the opinion of the Supreme Court has declared the necessity of
proving the overt acts, if they exist. Why are they not proved?"
In what terms of decency can we speak of this? As if an express
could go to Natchez, or the mouth of Cumberland, and
return in five weeks, to do which has never taken less than
twelve. Again, "If, in November or December last, a body of
troops had been assembled on the Ohio, it is impossible to suppose
the affidavits establishing the fact could not have been
obtained by the last of March." But I ask the judge where they
should have been lodged? At Frankfort? at Cincinnati? at
Nashville? St. Louis? Natchez? New Orleans? These were the
probable places of apprehension and examination. It was not
known at Washington till the 26th of March that Burr would
escape from the Western tribunals, be retaken and brought to an
Eastern one; and in five days after, (neither five months nor five
weeks, as the judge calculated,) he says, it is "impossible to
suppose the affidavits could not have been obtained." Where?
At Richmond he certainly meant, or meant only to throw dust in
the eyes of his audience. But all the principles of law are to be
perverted which would bear on the favorite offenders who
endeavor to overturn this odious Republic. "I understand,"
says the judge, "probable cause of guilt to be a case made out by
proof furnishing good reason to believe," &c. Speaking as a
lawyer, he must mean legal proof, i. e., proof on oath, at least.
But this is confounding probability and proof. We had always
before understood that where there was reasonable ground to
believe guilt, the offender must be put on his trial. That guilty
intentions were probable, the judge believed. And as to the
overt acts, were not the bundle of letters of information in Mr.
Rodney's hands, the letters and facts published in the local
newspapers, Burr's flight, and the universal belief or rumor of his
guilt, probable ground for presuming the facts of enlistment,
military guard, rendezvous, threat of civil war, or capitulation, so
as to put him on trial? Is there a candid man in the United
States who does not believe some one, if not all, of these overt
acts to have taken place?
If there ever had been an instance in this or the preceding
administrations, of federal judges so applying principles of law
as to condemn a federal or acquit a republican offender, I should
have judged them in the present case with more charity. All
this, however, will work well. The nation will judge both the
offender and judges for themselves. If a member of the executive
or legislature does wrong, the day is never far distant when
the people will remove him. They will see then and amend the
error in our Constitution, which makes any branch independent
of the nation. They will see that one of the great co-ordinate
branches of the government, setting itself in opposition to the
other two, and to the common sense of the nation, proclaims impunity
to that class of offenders which endeavors to overturn the
Constitution, and are themselves protected in it by the Constitution
itself; for impeachment is a farce which will not be tried
again. If their protection of Burr produces this amendment, it
will do more good than his condemnation would have done.
Against Burr, personally, I never had one hostile sentiment. I
never indeed thought him an honest, frank-dealing man, but
considered him as a crooked gun, or other perverted machine,
whose aim or shot you could never be sure of. Still, while he
possessed the confidence of the nation, I thought it my duty to
respect in him their confidence, and to treat him as if he deserved
it; and if his punishment can be commuted now for an useful
amendment of the Constitution, I shall rejoice in it. My sheet
being full, I perceive it is high time to offer you my friendly
salutations, and assure you of my constant and affectionate esteem
and respect.
Monticello, April 21st, 1807.
Dear Sir,—Yours of the 13th came to hand only yesterday,
and I now return you the letters of Turreau and Woodward, and
Mr. Gallatin's paper on foreign seamen. I retain Monroe and
Pinckney's letters, to give them a more deliberate perusal than I
can now before the departure of the post. By the next they shall
be returned. I should think it best to answer Turreau at once,
as he will ascribe delay to a supposed difficulty, and will be sure
to force an answer at last. I take the true principle to be, that
"for violations of jurisdiction, with the consent of the sovereign,
or his voluntary sufferance, indemnification is due; but that for
others he is bound only to use all reasonable means to obtain
indemnification from the aggressor, which must be calculated on
his circumstances, and these endeavors bonâ fide made; and
failing, he is no further responsible." It would be extraordinary
indeed if we were to be answerable for the conduct of belligerents
through our whole coast, whether inhabited or not.
Will you be so good as to send a passport to Julian Y. Niemcewicz,
an American citizen, of New Jersey, going to Europe on
his private affairs? I have known him intimately for twenty
years, the last twelve of which he has resided in the United
States, of which he has a certificate of citizenship. He was the
companion of Kosciusko. Be so good as to direct it to him at
Elizabethtown, and without delay, as he is on his departure.
Mr. Gallatin's estimate of the number of foreign seamen in our
employ renders it prudent, I think, to suspend all propositions
respecting our non-employment of them. As, on a consultation
when we were all together, we had made up our minds on every
article of the British treaty, and this of not employing their seamen
was only mentioned for further inquiry and consideration,
we had better let the negociations go on, on the ground then
agreed on, and take time to consider this supplementary proposition.
Such an addition as this to a treaty already so bad would
fill up the measure of public condemnation. It would indeed be
making bad worse. I am more and more convinced that our
best course is, to let the negotiation take a friendly nap, and
endeavor in the meantime to practice on such of its principles as
are mutually acceptable. Perhaps we may hereafter barter the
stipulation not to employ their seamen for some equivalent to our
flag, by way of convention; or perhaps the general treaty of
peace may do better for us, if we shall not, in the meantime,
have done worse for ourselves. At any rate, it will not be the
worse for lying three weeks longer. I salute you with sincere
affection.
P. S. Will you be so good as to have me furnished with a copy
of Mr. Gallatin's estimate of the number of foreign seamen? I
think he overrates the number of officers greatly.
Monticello, April 21, 1807.
Some very unusual delay has happened to the post, as I received
yesterday only my letter from Philadelphia, as far back as
April 9th, and Washington, April 11th. Of course yours of the
13th and 16th were then only received, and being overwhelmed
with such an accumulated mail, I must be short, as the post goes
out in a few hours. I return you Huston's, Findlay's, and Governor
Harrison's letters. J. Smith's is retained because it is full of
nominations. I had received, a week ago, from a member of
the Pennsylvania legislature, a copy of their act for the Western
road. I immediately wrote to Mr. Moore that we should consider
the question whether the road should pass through Uniontown,
as now decided affirmatively, and I referred to the commissioner
to reconsider the question whether it should also
pass through Brownsville, and to decide it according to their own
judgment. I desired him to undertake the superintendence of
the execution, to begin the work in time to lay out the whole
appropriation this summer, and to employ it in making effectually
good the most difficult parts. I approve of Governor Harrison's
lease to Taylor, and of the conveying the salt water by pipes
to the fuel and navigation, rather than the fuel and navigation to
the Saline. I think it our indispensable duty to remove immediately
all intruders from the lands, the timber of which will be
wanting for the Salines, and will sign any order you will be so
good as to prepare for that purpose. You are hereby authorized
to announce to the collector of Savannah, his removal, if you
judge it for the public good. I recollect nothing of Bullock, the
attorney, and not having my papers here, I am not able to refresh
my memory concerning him. I expect to leave this, on my
return to Washington, about three weeks hence. Your estimate
of the number of foreign seamen in our employ, renders it prudent,
in my opinion, to drop the idea of any proposition not to
employ them. As we had made up our minds on every article
of the British treaty, when consulting together, and this idea
was only an after thought referred for enquiry and consideration,
we had better take more time for it. Time strengthens my
belief that no equal treaty will be obtained from such a higher as
Lord Auckland, or from the present ministry, Fox being no longer
with them, and that we shall be better without any treaty than
an unequal one. Perhaps we may engage them to act on certain
articles, including their note on impressment, by a mutual
understanding, under the pretext of further time to arrange a general
treaty. Perhaps, too, the general peace will, in the meantime,
establish for us better principles than we can obtain ourselves.
I enclose a letter from Gideon Fitz. Affectionate salutes.
Monticello, April 22, 1807.
Dear Sir,—I received on the 20th your favor of the 10th instant,
and yesterday I wrote to desire the Secretary of State to
forward your passport to Elizabethtown. In the visit you propose
to make to your native country, I sincerely wish you may
find its situation, and your own interests in it, satisfactory. On
what it has been, is, or shall be, however, I shall say nothing.
I consider Europe, at present, as a world apart from us, about
which it is improper for us even to form opinions, or to indulge
any wishes but the general one, that whatever is to take place in
it, may be for its happiness. For yourself, however, personally,
I may express with safety as well as truth, my great esteem and
the interest I feel for your welfare. From the same principles
of caution, I do not write to my friend Kosciusko. I know he is
always doing what he thinks is right, and he knows my prayers
for his success in whatever he does. Assure him, if you please,
of my constant affection, and accept yourself my wishes for a
safe and pleasant voyage, with my friendly salutations and assurances
of great esteem and respect.
Monticello, April 25, 1807.
Dear Sir,—Yours of the 20th came to hand on the 23d, and
I now return all the papers it covered, to wit, Harris's, Maunce's,
and General Smith's letters, as also some papers respecting Burr's
case, for circulation. Under another cover is a letter from Governor
Williams, confidential, and for yourself alone, as yet. I
expect we shall have to remove Meade. Under still a different
cover you will receive Monroe's and Pinckney's letters, detained
at the last post. I wrote you then on the subject of the British
treaty, which the more it is developed the worse it appears.
Mr. Rodney being supposed absent, I enclose you a letter from
Mr. Reed, advising the summoning Rufus Easton as a witness;
but if he is at St. Louis, he cannot be here by the 22d of May.
You will observe that Governor Williams asks immediate instructions
what he shall do with Blennerhasset, Tyler, Floyd, and
Ralston. I do not know that we can do anything but direct
General Wilkinson to receive and send them to any place where
the judge shall decide they ought to be tried. I suppose
Blennerhasset should come to Richmond. On consulting with
the other gentlemen, be so good as to write to Williams immediately,
as a letter will barely get there by the 4th Monday of
May. I enclose you a warrant for five thousand dollars for Mr.
Rodney, in the form advised by Mr. Gallatin.
We have had three great rains within the last thirteen days.
It is just now clearing off after thirty-six hours of rain, with little
intermission. Yet it is thought not too much. I salute you
with sincere affection.
Monticello, May 1,1807.
Sir,—On the 14th of April I wrote to you, on the presumption
that a law respecting the western road had passed the Legislature
of Pennsylvania, in the form enclosed by Mr. Dorsey, and which
I enclosed to you. I have now received from the Governor an
authentic copy of the law, which agrees with that I forwarded
to you. You will therefore be pleased to consider the contents
of that letter as founded in the certainty of the fact that the law
did pass in that form, although not certainly known at that time,
and proceed on it accordingly. I shall be in Washington on the
16th and 17th inst., should you have occasion for further communication
with me. I salute you with esteem and respect.
Monticello, May 1, 1807.
Dear Sir,—I return you Monroe's, Armstrong's, Harris's, and
Anderson's letters, and add a letter and act from Gov. McKean,
to be filed in your office. The proposition for separating the
western country, mentioned by Armstrong to have been made at
Paris, is important. But what is the declaration he speaks of?
for none accompanies his letter, unless he means Harry Grant's
proposition. I wish our Ministers at Paris, London, and Madrid,
could find out Burr's propositions and agents there. I know few
of the characters of the new British administration. The few I
know are true Pittites, and anti-American. From them we have
nothing to hope, but that they will readily let us back out.
Whether they can hold their places will depend on the question
whether the Irish propositions be popular or unpopular in England.
Dr. Sibley, in a letter to Gen. Dearborne, corrects an error
of fact in my message to Congress of December. He says the
Spaniards never had a single soldier at Bayou Pierre till after 1805.
Consequently it was not a keeping, but a taking of a military
possession of that post. I think Gen. Dearborne would do well
to desire Sibley to send us affidavits of that fact.
Our weather continues extremely seasonable, and favorable for
vegetation. I salute you with sincere affection.
P. S. The pamphlet and papers shall be returned by next
post.
Monticello, May 2, 1807.
Sir,—Your favor of the 18th came to hand two days ago.
That the ingenuity of an advocate, seeking for something to defend
his client, should have hazarded as an objection that it did
not appear on the face of the patent itself, that you had complied
with the requisitions of the act authorizing a patent for your invention,
is not wonderful; but I do not expect that such an objection
can seriously embarrass the good sense of a judge. The
law requires, indeed, that certain acts shall be performed by the
inventor to authorize a monopoly of his invention, and, to secure
their being done, it has called in, and relied on, the agency of
the Secretary of State, the Attorney General, and President.
When they are satisfied the acts have been done, they are to
execute a patent, granting to the inventor the monopoly. But
the law does not require that the patent itself should bear the
evidence that they should have been performed, any more than
it requires that in a judgment should be stated all the evidence
on which it is founded. The evidence of the acts on which the
patent is founded, rests with those whose duty it is to see that
they are performed; in fact, it is in the Secretary of State's office,
where the interloper or inventor may have recourse to it if wanting.
If these high officers have really failed to see that the acts
were performed, or to preserve evidence of it, they have broken
their trust to the public, and are responsible to the public; but
their negligence cannot invalidate the inventor's right, who has
been guilty of no fault. On the contrary, the patent, which is a
record, has conveyed a right to him from the public, and that it
was issued rightfully ought to be believed on the signature of
these high officers affixed to the patent,—this being a solemn
pledge on their part that the acts had been performed. Would
their assertion of the fact, in the patent itself, pledge them more
to the public? I do not think, then, that the disinterested judgment
of a court can find difficulty in this objection. At any
rate your right will be presumed valid, until they decide that it
is not. Their final decision alone can authorize your resort to
any remedial authority,—that is to say, to the Legislature, who
alone can provide a remedy. Certainly an inventor ought to be
allowed a right to the benefit of his invention for some certain
time. It is equally certain it ought not to be perpetual; for to
embarrass society with monopolies for every utensil existing, and
in all the details of life, would be more injurious to them than
had the supposed inventors never existed; because the natural
understanding of its members would have suggested the same
things or others as good. How long the term should be is the
difficult question. Our Legislators have copied the English estimate
of the term, perhaps without sufficiently considering how
much longer, in a country so much more sparsely settled, it takes
for an invention to become known, and used to an extent profitable
to the inventor. Nobody wishes more than I do that
ingenuity should receive a liberal encouragement: nobody estimates
higher the utility which society has derived from that displayed
by yourself; and I assure you with truth, that I shall
always be ready to manifest it by every service I can render you.
To this assurance I add that of my great respect and esteem, and
my friendly salutations.
Monticello, May 5, 1807.
I return you the pamphlet of the author of War in Disguise.
Of its first half, the topics and the treatment of them are very
commonplace; but from page 118 to 130 it is most interesting
to all nations, and especially to us. Convinced that a militia of
all ages promiscuously are entirely useless for distant service, and
that we never shall be safe until we have a selected corps for a
year's distant service at least, the classification of our militia is
now the most essential thing the United States have to do.
Whether, on Bonaparte's plan of making a class for every year
between certain periods, or that recommended in my message, I
do not know, but I rather incline to his. The idea is not new,
as, you may remember, we adopted it once in Virginia during the
revolution, but abandoned it too soon. It is the real secret of
Bonaparte's success. Could H. Smith put better matter into his
paper than the twelve pages above mentioned, and will you suggest
it to him? No effort should be spared to bring the public
mind to this great point. I salute you with sincere affection.
Monticello, May 7, 1807.
Dear Sir,—Your two letters of March 27th and April 6th
have been received. Writing from this place, where I have not
my papers to turn to, I cannot even say whether I have received
such as you ask copies of. But I am sorry to answer any request
of yours by saying that a compliance would be a breach of
trust. It is essential for the public interest that I should receive
all the information possible respecting either matters or persons
connected with the public. To induce people to give this information,
they must feel assured that when deposited with me
it is secret and sacred. Honest men might justifiably withhold
information, if they expected the communication would be made
public, and commit them to war with their neighbors and friends.
This imposes the duty on me of considering such information as
mere suggestions for inquiry, and to put me on my guard; and
to injure no man by forming any opinion until the suggestion be
verified. Long experience in this school has by no means
strengthened the disposition to believe too easily. On the contrary,
it has begotten an incredulity which leaves no one's
character in danger from any hasty conclusion. I hope these
considerations will satisfy you, both as they respect you and
myself, and that you will be assured I shall always be better
pleased with those cases which admit that compliance with your
wishes which is always pleasing to me. Accept my salutations,
and assurances of great esteem and respect.
Monticello, May 8, 1807.
I return you Monroe's letter of March 5th. As the explosion
in the British ministry took place about the 15th, I hope we
shall be spared the additional embarrassment of his convention.
I enclose you a letter of Michael Jones for circulation, and to rest
with the Attorney General. It contains new instances of Burr's
enlistments. I received this from Mr. Gallatin, so you can hand
it to General Dearborne direct.
I expect to leave this on the 13th, but there is a possible occurrence
which may prevent it till the 19th, which however is
not probable. Accept affectionate salutations.
Washington, May 20, 1807.
Dear Sir,—Dr. Bollman, on his arrival here in custody in January,
voluntarily offered to make communications to me, which
he accordingly did, Mr. Madison also being present. I previously
and subsequently assured him, (without, however, his having requested
it,) that they should never be used against himself. Mr.
Madison on the same evening committed to writing, by memory,
what he had said; and I moreover asked of Bollman to do it
himself, which he did, and I now enclose it to you. The object
is, as he is to be a witness, that you may know how to examine
him, and draw everything from him. I wish the paper to be
seen and known only to yourself and the gentlemen who aid
you, and to be returned to me. If he should prevaricate, I should
be willing you should go so far as to ask him whether he did
not say so and so to Mr. Madison and myself. In order to let
him see that his prevarications will be marked, Mr. Madison will
forward you a pardon for him, which we mean should be delivered
previously. It is suspected by some he does not intend
to appear. If he does not, I hope you will take effectual measures
to have him immediately taken into custody. Some other blank
pardons are sent on to be filled up at your discretion, if you
should find a defect of evidence, and believe that this would
supply it, by avoiding to give them to the gross offenders, unless
it be visible that the principal will otherwise escape. I send you
an affidavit of importance received last night. If General Wilkinson
gets on in time, I expect he will bring Dunbaugh on
with him. At any rate it may be a ground for an arrest and
commitment for treason. Accept my friendly salutations, and
assurances of great esteem and respect.
Washington, May 24, 1807.
Sir,—I received, in due time, your favor of April 10th, enclosing
a scheme and subscription for the establishment of a museum
of natural history, at Williamsburgh, by private contributions.
Nobody can desire more ardently than myself, to concur in whatever
may promote useful science, and I view no science with
more partiality than natural history. But I have ever believed
that in this, as in most other cases, abortive attempts retard rather
than promote this object. To be really useful we must keep
pace with the state of society, and not dishearten it by attempts
at what its population, means, or occupations will fail in attempting.
In the particular enterprises for museums, we have seen
the populous and wealthy cities of Boston and New York unable
to found or maintain such an institution. The feeble condition
of that in each of these places sufficiently proves this. In Philadelphia
alone, has this attempt succeeded to a good degree? It
has been owing there to a measure of zeal and perseverance in
an individual rarely equalled; to a population, crowded, wealthy,
and more than usually addicted to the pursuit of knowledge.
And, with all this, the institution does not maintain itself. The
proprietor has been obliged to return to the practice of his original
profession to help it on. I know, indeed, that there are many
individuals in Williamsburg, and its vicinity, who have already
attained a high degree of science, and many zealously pursuing
it. But after viewing all circumstances there as favorably as
the most sanguine of us could wish, I cannot find in them a rational
ground for expecting success in an undertaking to which
the other positions have been found unequal. I sincerely wish I
may be mistaken, and that the success which your zeal I am
sure will merit, may be equal to your wishes, as well as ours.
But, for the present, I would rather reserve myself till its prospects
can be more favorably estimated; because the aid we
would be disposed to give to a promising enterprise, would be
very different to one we might offer to a desperate one. Although
less sanguine on this particular subject, I do entire justice
to the zeal for the promotion of science, which has excited your
effort, and shall see it with uncommon pleasure surmounting the
present difficulties, or engaged in other pursuits which may reward
it with better success. Be assured that no one is more sincere
in wishing it, and accept my salutations and assurances of
great respect and consideration.
Washington, May 24, 1807.
Th: Jefferson presents his compliments to Mr. Clinton, and his
thanks for the pamphlet sent him. He recollects the having
read it at the time with a due sense of his obligation to the author,
whose name was surmised, though not absolutely known,
and a conviction that he had made the most of his matter. The
ground of defence might have been solidly aided by the assurance
(which is the absolute fact) that the whole story fathered
on Mazzei, was an unfounded falsehood. Dr. Linn, as aware of
that, takes care to quote it from a dead man, who is made to
quote from one residing in the remotest part of Europe. Equally
false was Dr. Linn's other story about Bishop Madison's lawn
sleeves, as the Bishop can testify, for certainly Th: J. never
saw him in lawn sleeves. Had the Doctor ventured to name
time, place, and person, for his third lie, (the government without
religion) it is probable he might have been convicted on that
also. But these are slander and slanderers, whom Th: Jefferson
has thought it best to leave to the scourge of public opinion. He
salutes Mr. Clinton with esteem and respect.
Washington, May 26, 1807.
Dear Sir,—We are this moment informed by a person who
left Richmond since the 22d, that the prosecution of Burr had
begun under very inauspicious symptoms by the challenging and
rejecting two members of the Grand Jury, as far above all exception
as any two persons in the United States. I suppose our informant
is inaccurate in his terms, and has mistaken an objection
by the criminal and voluntary retirement of the gentlemen with
the permission of the court, for a challenge and rejection, which,
in the case of a Grand Jury, is impossible. Be this as it may,
and the result before the formal tribunal, fair or false, it becomes
our duty to provide that full testimony shall be laid before the
Legislature, and through them the public. For this purpose, it
is necessary that we be furnished with the testimony of every
person who shall be with you as a witness. If the Grand Jury
find a bill, the evidence given in court, taken as verbatim as possible,
will be what we desire. If there be no bill, and consequently
no examination before court, then I must beseech you to
have every man privately examined by way of affidavit, and to
furnish me with the whole testimony. In the former case, the
person taking down the testimony as orally delivered in court,
should make oath that he believes it to be substantially correct.
In the latter case, the certificate of the magistrate administering
the oath, and signature of the party, will be proper; and this
should be done before they receive their compensation, that they
may not evade examination. Go into any expense necessary
for this purpose, and meet it from the funds provided by the Attorney
General for the other expenses. He is not here, or this
request would have gone from him directly. I salute you with
friendship and respect.
Washington, May 28, 1807.
Dear Sir,—I have this moment received your letter of the
25th, and hasten to answer it. If the grand jury do not find a
bill against Burr, as there will be no examination before a petty
jury, Bollman's pardon need not in that case to be delivered;
but if a bill be found, and a trial had, his evidence is deemed
entirely essential, and in that case his pardon is to be produced
before he goes to the book. In my letter of the day before
yesterday, I enclosed you Bollman's written communication to
me, and observed you might go so far, if he prevaricated, as to
ask him whether he did not say so and so to Mr. Madison and
myself. On further reflection I think you may go farther, if he
prevaricates grossly, and show the paper to him, and ask if it is
not his handwriting, and confront him by its contents. I enclose
you some other letters of Bollman to me on former occasions, to
prove by similitude of hand that the paper I enclosed on the 26th
was of his handwriting. I salute you with esteem and respect.
Washington, May 29, 1807.
Dear Sir,—I have not written to you by Mr. Purviance,
because he can give you vivâ voce all the details of our affairs
here, with a minuteness beyond the bounds of a letter, and because,
indeed, I am not certain this letter will find you in England.
The sole object in writing it, is to add another little
commission to the one I had formerly troubled you with. It is
to procure for me "a machine for ascertaining the resistance of
ploughs or carriages, invented and sold by Winlaw, in Margaret
street, Cavendish Square." It will cost, I believe, four or five
guineas, which shall be replaced here instanter on your arrival. I
had intended to have written you to counteract the wicked efforts
which the federal papers are making to sow tares between you
and me, as if I were lending a hand to measures unfriendly to
any views which our country might entertain respecting you.
But I have not done it, because I have before assured you that a
sense of duty, as well as of delicacy, would prevent me from
ever expressing a sentiment on the subject, and that I think you
know me well enough to be assured I shall conscientiously observe
the line of conduct I profess. I shall receive you on your
return with the warm affection I have ever entertained for you,
and be gratified if I can in any way avail the public of your services.
God bless you and yours.
Washington, May 29, 1807.
Sir,—I have received, through the care of Gen. Armstrong,
the medal of gold by which the society of agriculture at Paris
have been pleased to mark their approbation of the form of a
mould-board which I had proposed; also the four first volumes
of their memoirs, and the information that they had honored me
with the title of foreign associate to their society. I receive with
great thankfulness these testimonies of their favor, and should be
happy to merit them by greater services. Attached to agriculture
by inclination, as well as by a conviction that it is the most
useful of the occupations of man, my course of life has not permitted
me to add to its theories the lessons of practice. I fear,
therefore, I shall be to them but an unprofitable member, and
shall have little to offer of myself worthy their acceptance.
Should the labors of others, however, on this side the water, produce
anything which may advance the objects of their institution,
I shall with great pleasure become the instrument of its
communication, and shall moreover execute with zeal any orders
of the society in this portion of the globe. I pray you to express
to them my sensibility for the distinctions they have been pleased
to confer on me, and to accept yourself the assurances of my
high consideration and respect.
Washington, June 2, 1807.
Dear Sir,—While Burr's case is depending before the court, I
will trouble you, from time to time, with what occurs to me. I
observe that the case of Marbury v. Madison has been cited, and
I think it material to stop at the threshold the citing that case as
authority, and to have it denied to be law. 1. Because the
judges, in the outset, disclaimed all cognizance of the case,
although they then went on to say what would have been their
opinion, had they had cognizance of it. This, then, was confessedly
an extrajudicial opinion, and, as such, of no authority.
2. Because, had it been judicially pronounced, it would have
been against law; for to a commission, a deed, a bond, delivery
is essential to give validity. Until, therefore, the commission is
delivered out of the hands of the executive and his agents, it is
not his deed. He may withhold or cancel it at pleasure, as he
might his private deed in the same situation. The Constitution
intended that the three great branches of the government should
be co-ordinate, and independent of each other. As to acts, therefore,
which are to be done by either, it has given no control to
another branch. A judge, I presume, cannot sit on a bench
without a commission, or a record of a commission; and the
Constitution having given to the judiciary branch no means of
compelling the executive either to deliver a commission, or to
make a record of it, shows it did not intend to give the judiciary
that control over the executive, but that it should remain in the
power of the latter to do it or not. Where different branches
have to act in their respective lines, finally and without appeal,
under any law, they may give to it different and opposite constructions.
Thus, in the case of William Smith, the House of
Representatives determined he was a citizen; and in the case of
William Duane, (precisely the same in every material circumstance,)
the judges determined he was no citizen. In the cases
of Callendar and others, the judges determined the sedition act
was valid under the Constitution, and exercised their regular
powers of sentencing them to fine and imprisonment. But the
executive determined that the sedition act was a nullity under
the Constitution, and exercised his regular power of prohibiting
the execution of the sentence, or rather of executing the real law,
which protected the acts of the defendants. From these different
constructions of the same act by different branches, less mischief
arises than from giving to any one of them a control over the
others. The executive and Senate act on the construction, that
until delivery from the executive department, a commission is in
their possession, and within their rightful power; and in cases
of commissions not revocable at will, where, after the Senate's
approbation and the President's signing and sealing, new information
of the unfitness of the person has come to hand before
the delivery of the commission, new nominations have been made
and approved, and new commissions have issued.
On this construction I have hitherto acted; on this I shall ever
act, and maintain it with the powers of the government, against
any control which may be attempted by the judges, in subversion
of the independence of the executive and Senate within their
peculiar department. I presume, therefore, that in a case where
our decision is by the Constitution the supreme one, and that
which can be carried into effect, it is the constitutionally authoritative
one, and that that by the judges was coram non judice,
and unauthoritative, because it cannot be carried into effect. I
have long wished for a proper occasion to have the gratuitous
opinion in Marbury v. Madison brought before the public, and
denounced as not law; and I think the present a fortunate one,
because it occupies such a place in the public attention. I should
be glad, therefore, if, in noticing that case, you could take occasion
to express the determination of the executive, that the
doctrines of that case were given extrajudicially and against law,
and that their reverse will be the rule of action with the executive.
If this opinion should not be your own, I would wish it to
be expressed merely as that of the executive. If it is your own
also, you would of course give to the arguments such a development
as a case, incidental only, might render proper. I salute
you with friendship and respect.
June 3, 1807.
I gave you, some time ago, a project of a more equal tariff on
wines than that which now exists. But in that I yielded considerably
to the faulty classification of them in our law. I have
now formed one with attention, and according to the best information
I possess, classing them more rigorously. I am persuaded
that were the duty on cheap wines put on the same ratio with
the dear, it would wonderfully enlarge the field of those who use
wine, to the expulsion of whiskey. The introduction of a very
cheap wine (St. George) into my neighborhood, within two years
past, has quadrupled in that time the number of those who keep
wine, and will ere long increase them tenfold. This would be a
great gain to the treasury, and to the sobriety of our country. I
will here add my tariff, (see opposite page,) wherein you will be
able to choose any rate of duty you please, and to decide whether
it will not, on a fit occasion, be proper for legislative attention.
Affectionate salutations.
| Cost per gallon. |
15 per cent. |
20 per cent. |
25 per cent., being the
average of
present duties. |
30 per cent. |
35 per cent. |
present duty. |
per cent. |
|
Tokay, Cape,
Malmesey,
Hock |
4 00 |
60 |
80 |
1 00 |
1 20 |
1 40 |
Tokay, 45 cents, |
which is 11¼ |
| |
Malmesey, 58 cents, |
which is 14½ |
| |
Hock, 35 cents, |
which is 25 |
|
Champagne,
Burgundy,
Claret,[1]
Hermitage |
2 75 |
41¼ |
55 |
68¾ |
82½ |
96¼ |
Champagne, 45 cents |
which is 16½ |
| |
Burgundy, 45 cents |
which is 16½ |
| |
Claret, 35 cents |
which is 12½ |
| |
Hermitage, 35 cents |
which is 12½ |
|
| London particular Madeira |
2 20 |
33 |
44 |
55 |
66 |
77 |
58 cents |
which is 26½ |
|
| All other Madeira |
1 80 |
27 |
36 |
45 |
54 |
63 |
50 cents |
which is 27½ |
|
| Pacharetti, Sherry |
1 50 |
22½ |
30 |
37½ |
45 |
52½ |
Pacharetti, 23 cents |
which is 15 |
| |
Sherry, 40 cents |
which is 26½ |
|
[2]The wines of Medoc
and Grave not before
mentioned,
those of
Palus, Coterotie,
Condrieu, Moselle |
1 25 |
18¾ |
25 |
31¼ |
37½ |
43¾ |
35 cents |
which is 28 |
|
St. Lucar and
all of Portugal |
80 |
12 |
16 |
20 |
24 |
28 |
St. Lucar, 40 cents |
which is 50 |
| |
Other Spanish, 23 cents |
which is 28¾ |
|
Sicily,
Teneriffe,
Fayal, Malaga,
St. George, and
other western islands |
67 |
10 |
13 |
16¾ |
20 |
23 |
Sicily, 23 cents |
which is 34 |
| |
Teneriffe, &c.,28 cents |
which is 41 |
|
| All other wines |
|
in bottles, 35 |
often 400 per ct. |
| |
in casks, 23 |
Washington, June 5, 1807.
Dear Sir,—Your favor of the 31st instant has been received,
and I think it will be fortunate if any circumstance should produce
a discharge of the present scanty grand jury, and a future
summons of a fuller; though the same views of protecting the
offender may again reduce the number to sixteen, in order to
lessen the chance of getting twelve to concur. It is understood,
that wherever Burr met with subjects who did not choose to
embark in his projects, unless approved by their government, he
asserted that he had that approbation. Most of them took his
word for it, but it is said that with those who would not, the
following stratagem was practised. A forged letter, purporting to
be from General Dearborne, was made to express his approbation,
and to say that I was absent at Monticello, but that there was no
doubt that, on my return, my approbation of his enterprises would
be given. This letter was spread open on his table, so as to
invite the eye of whoever entered his room, and he contrived
occasions of sending up into his room those whom he wished to
become witnesses of his acting under sanction. By this means
he avoided committing himself to any liability to prosecution for
forgery, and gave another proof of being a great man in little
things, while he is really small in great ones. I must add General
Dearborne's declaration, that he never wrote a letter to Burr
in his life, except that when here, once in a winter, he usually
wrote him a billet of invitation to dine. The only object of
sending you the enclosed letters is to possess you of the fact, that
you may know how to pursue it, if any of your witnesses should
know anything of it. My intention in writing to you several
times, has been to convey facts or observations occurring in the
absence of the Attorney General, and not to make to the dreadful
drudgery you are going through the unnecessary addition of
writing me letters in answer, which I beg you to relieve yourself
from, except when some necessity calls for it. I salute you with
friendship and respect.
Washington, June 7, 1807.
Sir,—Your favor of March 30th never reached my hands till
May 16th. The friendly views it expresses of my conduct in
general give me great satisfaction. For these testimonies of the
approbation of my fellow citizens, I know that I am indebted
more to their indulgent dispositions than to any peculiar claims
of my own. For it can give no great claims to any one to manage
honestly and disinterestedly the concerns of others trusted to
him. Abundant examples of this are always under our eye.
That I should lay down my charge at a proper season, is as much
a duty as to have borne it faithfully. Being very sensible of
bodily decays from advancing years, I ought not to doubt their
effect on the mental faculties. To do so would evince either
great self-love or little observation of what passes under our eyes;
and I shall be fortunate if I am the first to perceive and to obey
this admonition of nature. That there are in our country a
great number of characters entirely equal to the management of
its affairs, cannot be doubted. Many of them, indeed, have not
had opportunities of making themselves known to their fellow
citizens; but many have had, and the only difficulty will be to
choose among them. These changes are necessary, too, for the
security of republican government. If some period be not fixed,
either by the Constitution or by practice, to the services of the
First Magistrate, his office, though nominally elective, will, in
fact, be for life; and that will soon degenerate into an inheritance.
Among the felicities which have attended my administration, I
am most thankful for having been able to procure coadjutors so
able, so disinterested, and so harmonious. Scarcely ever has a
difference of opinion appeared among us which has not, by candid
consultation, been amalgamated into something which all approved;
and never one which in the slightest degree affected our
personal attachments. The proof we have lately seen of the innate
strength of our government, is one of the most remarkable
which history has recorded, and shows that we are a people
capable of self-government, and worthy of it. The moment that
a proclamation apprised our citizens that there were traitors
among them, and what was their object, they rose upon them
wherever they lurked, and crushed by their own strength what
would have produced the march of armies and civil war in any
other country. The government which can wield the arm of
the people must be the strongest possible. I thank you for the
interest you are so kind as to express in my health and welfare,
and return you the same good wishes with my salutations, and
assurance of respect.
Washington, June 10, 1807.
Dear Sir,—Your favor of June the 1st has been received.
To a mind like yours, capable in any question of abstracting it
from its relation to yourself, I may safely hazard explanations,
which I have generally avoided to others on questions of appointment.
Bringing into office no desires of making it subservient
to the advancement of my own private interests, it has been no
sacrifice, by postponing them, to strengthen the confidence of
my fellow citizens. But I have not felt equal indifference towards
excluding merit from office, merely because it was related
to me. However, I have thought it my duty so to do, that my
constituents may be satisfied, that, in selecting persons for the
management of their affairs, I am influenced by neither personal
nor family interests, and especially, that the field of public office
will not be perverted by me into a family property. On this
subject, I had the benefit of useful lessons from my predecessors,
had I needed them, marking what was to be imitated and what
avoided. But in truth, the nature of our government is lesson
enough. Its energy depending mainly on the confidence of the
people in the chief magistrate, makes it his duty to spare nothing
which can strengthen him with that confidence.
* * * * * * * *
Accept assurances of my constant friendship and respect.
Washington, June 11, 1807.
Sir,—Your letter of May the 9th has been duly received.
The subject it proposes would require time and space for even
moderate development. My occupations limit me to a very short
notice of them. I think there does not exist a good elementary
work on the organization of society into civil government: I
mean a work which presents in one full and comprehensive view
the system of principles on which such an organization should be
founded, according to the rights of nature. For want of a single
work of that character, I should recommend Locke on Government,
Sidney, Priestley's Essay on the first Principles of Government,
Chipman's Principles of Government, and the Federalist.
Adding, perhaps, Beccaria on crimes and punishments, because
of the demonstrative manner in which he has treated that branch
of the subject. If your views of political inquiry go further, to
the subjects of money and commerce, Smith's Wealth of Nations
is the best book to be read, unless Say's Political Economy can
be had, which treats the same subjects on the same principles,
but in a shorter compass and more lucid manner. But I believe
this work has not been translated into our language.
History, in general, only informs us what bad government is.
But as we have employed some of the best materials of the British
constitution in the construction of our own government, a
knowledge of British history becomes useful to the American
politician. There is, however, no general history of that country
which can be recommended. The elegant one of Hume seems
intended to disguise and discredit the good principles of the government,
and is so plausible and pleasing in its style and manner,
as to instil its errors and heresies insensibly into the minds of unwary
readers. Baxter has performed a good operation on it.
He has taken the text of Hume as his ground work, abridging it
by the omission of some details of little interest, and wherever he
has found him endeavoring to mislead, by either the suppression
of a truth or by giving it a false coloring, he has changed the
text to what it should be, so that we may properly call it Hume's
history republicanised. He has moreover continued the history
(but indifferently) from where Hume left it, to the year 1800.
The work is not popular in England, because it is republican;
and but a few copies have ever reached America. It is a single
quarto volume. Adding to this Ludlow's Memoirs, Mrs. M'Cauley's
and Belknap's histories, a sufficient view will be presented
of the free principles of the English constitution.
To your request of my opinion of the manner in which a
newspaper should be conducted, so as to be most useful, I should
answer, "by restraining it to true facts and sound principles
only." Yet I fear such a paper would find few subscribers. It
is a melancholy truth, that a suppression of the press could not
more completely deprive the nation of its benefits, than is done
by its abandoned prostitution to falsehood. Nothing can now be
believed which is seen in a newspaper. Truth itself becomes
suspicious by being put into that polluted vehicle. The real extent
of this state of misinformation is known only to those who
are in situations to confront facts within their knowledge with
the lies of the day. I really look with commiseration over the
great body of my fellow citizens, who, reading newspapers, live
and die in the belief, that they have known something of what
has been passing in the world in their time; whereas the accounts
they have read in newspapers are just as true a history of any
other period of the world as of the present, except that the real
names of the day are affixed to their fables. General facts may
indeed be collected from them, such as that Europe is now at
war, that Bonaparte has been a successful warrior, that he has
subjected a great portion of Europe to his will, &c., &c.; but no
details can be relied on. I will add, that the man who never
looks into a newspaper is better informed than he who reads
them; inasmuch as he who knows nothing is nearer to truth
than he whose mind is filled with falsehoods and errors. He
who reads nothing will still learn the great facts, and the details
are all false.
Perhaps an editor might begin a reformation in some such way
as this. Divide his paper into four chapters, heading the 1st,
Truths. 2d, Probabilities. 3d, Possibilities. 4th, Lies. The
first chapter would be very short, as it would contain little more
than authentic papers, and information from such sources, as the
editor would be willing to risk his own reputation for their truth.
The second would contain what, from a mature consideration of
all circumstances, his judgment should conclude to be probably
true. This, however, should rather contain too little than too
much. The third and fourth should be professedly for those
readers who would rather have lies for their money than the
blank paper they would occupy.
Such an editor too, would have to set his face against the demoralizing
practice of feeding the public mind habitually on
slander, and the depravity of taste which this nauseous aliment
induces. Defamation is becoming a necessary of life; insomuch,
that a dish of tea in the morning or evening cannot be digested
without this stimulant. Even those who do not believe these
abominations, still read them with complaisance to their auditors,
and instead of the abhorrence and indignation which should fill
a virtuous mind, betray a secret pleasure in the possibility that
some may believe them, though they do not themselves. It
seems to escape them, that it is not he who prints, but he who
pays for printing a slander, who is its real author.
These thoughts on the subjects of your letter are hazarded at
your request. Repeated instances of the publication of what has
not been intended for the public eye, and the malignity with
which political enemies torture every sentence from me into
meanings imagined by their own wickedness only, justify my
expressing a solicitude, that this hasty communication may in
nowise be permitted to find its way into the public papers. Not
fearing these political bull-dogs, I yet avoid putting myself in the
way of being baited by them, and do not wish to volunteer away
that portion of tranquillity, which a firm execution of my duties
will permit me to enjoy.
I tender you my salutations, and best wishes, for your success.
Washington, June 12, 1807.
Dear Sir, * * * * *
The proposition in your letter of May the 16th, of adding an
umpire to our discordant negotiators at Paris, struck me favorably
on reading it, and reflection afterwards strengthened my
first impressions. I made it therefore a subject of consultation
with my coadjutors, as is our usage. For our government, although
in theory subject to be directed by the unadvised will of
the President, is, and from its origin has been, a very different
thing in practice. The minor business in each department is
done by the Head of the department, on consultation with the
President alone. But all matters of importance or difficulty are
submitted to all the Heads of departments composing the cabinet;
sometimes by the President's consulting them separately and successively,
as they happen to call on him; but in the greatest cases,
by calling them together, discussing the subject maturely, and
finally taking the vote, in which the President counts himself
but as one. So that in all important cases the executive is,
in fact, a directory, which certainly the President might control;
but of this there was never an example, either in the first or the
present administration. I have heard, indeed, that my predecessor
sometimes decided things against his council. * * * * *
I adopted in the present case the mode of separate consultation.
The opinion of each member, taken separately, was that the addition
of a third negotiator was not at this time advisable. For
the present therefore, the question must rest. Mr. Bowdoin, we
know, is anxious to come home, and is detained only by the delicacy
of not deserting his post. In the existing temper between
him and his colleague, it would certainly be better that one of
them should make an opening for re-composing the commission
more harmoniously.
I salute you with affection and respect.
Washington, June 12, 1807.
Dear Sir,—Your letter of the 9th is this moment received.
Reserving the necessary right of the President of the United
States to decide, independently of all other authority, what
papers, coming to him as President, the public interests permit
to be communicated, and to whom, I assure you of my readiness
under that restriction, voluntarily to furnish on all occasions,
whatever the purposes of justice may require. But the letter of
General Wilkinson, of October the 21st, requested for the defence
of Colonel Burr, with every other paper relating to the charges
against him, which were in my possession when the Attorney
General went on to Richmond in March, I then delivered to him;
and I have always taken for granted he left the whole with you.
If he did, and the bundle retains the order in which I had
arranged it, you will readily find the letter desired, under the
date of its receipt, which was November the 25th; but lest the
Attorney General should not have left those papers with you, I
this day write to him to forward this one by post. An uncertainty
whether he is at Philadelphia, Wilmington, or New Castle,
may produce delay in his receiving my letter, of which it is
proper you should be apprized. But, as I do not recollect the
whole contents of that letter, I must beg leave to devolve on you
the exercise of that discretion which it would be my right and
duty to exercise, by withholding the communication of any parts
of the letter, which are not directly material for the purposes of
justice.
With this application, which is specific, a prompt compliance
is practicable. But when the request goes to "copies of the orders
issued in relation to Colonel Burr, to the officers at Orleans,
Natchez, &c. by the Secretaries of the War and Navy departments,"
it seems to cover a correspondence of many months,
with such a variety of officers, civil and military, all over the
United States, as would amount to the laying open the whole
executive books. I have desired the Secretary at War to examine
his official communications; and on a view of these, we may be
able to judge what can and ought to be done, towards a compliance
with the request. If the defendant alleges that there
was any particular order, which, as a cause, produced any particular
act on his part, then he must know what this order was,
can specify it, and a prompt answer can be given. If the object
had been specified, we might then have some guide for our conjectures,
as to what part of the executive records might be useful
to him; but, with a perfect willingness to do what is right, we
are without the indications which may enable us to do it. If
the researches of the Secretary at War should produce anything
proper for communication, and pertinent to any point we can
conceive in the defence before the court, it shall be forwarded to
you.
I salute you with respect and esteem.
Washington, June 17, 1807.
Sir,—In answering your letter of the 9th, which desired a
communication of one to me from General Wilkinson, specified
by its date, I informed you in mine of the 12th that I had delivered
it, with all other papers respecting the charges against
Aaron Burr, to the Attorney General, when he went to Richmond;
that I had supposed he had left them in your possession,
but would immediately write to him, if he had not, to forward
that particular letter without delay. I wrote to him accordingly
on the same day, but having no answer, I know not whether he
has forwarded the letter. I stated in the same letter, that I had
desired the Secretary at War to examine his office, in order to
comply with your further request, to furnish copies of the orders
which had been given respecting Aaron Burr and his property;
and in a subsequent letter of the same day, I forwarded to you
copies of two letters from the Secretary at War, which appeared
to be within the description expressed in your letter. The order
from the Secretary of the Navy, you said, you were in possession
of. The receipt of these papers had, I presume, so far anticipated,
and others this day forwarded will have substantially fulfilled
the object of a subpœna from the District Court of
Richmond, requiring that those officers and myself should attend
the Court in Richmond, with the letter of General Wilkinson,
the answer to that letter, and the orders of the departments of
War and the Navy, therein generally described. No answer to
General Wilkinson's letter, other than a mere acknowledgment
of its receipt, in a letter written for a different purpose, was ever
written by myself or any other. To these communications of
papers, I will add, that if the defendant supposes there are any
facts within the knowledge of the Heads of departments, or of
myself, which can be useful for his defence, from a desire of
doing anything our situation will permit in furtherance of justice,
we shall be ready to give him the benefit of it, by way of deposition,
through any persons whom the Court shall authorize to
take our testimony at this place. I know, indeed, that this cannot
be done but by consent of parties; and I therefore authorize
you to give consent on the part of the United States. Mr. Burr's
consent will be given of course, if he supposes the testimony
useful.
As to our personal attendance at Richmond, I am persuaded
the Court is sensible, that paramount duties to the nation at large
control the obligation of compliance with their summons in this
case; as they would, should we receive a similar one, to attend
the trials of Blannerhassett and others, in the Mississippi territory,
those instituted at St. Louis and other places on the western
waters, or at any place, other than the seat of government. To
comply with such calls would leave the nation without an executive
branch, whose agency, nevertheless, is understood to be so
constantly necessary, that it is the sole branch which the constitution
requires to be always in function. It could not then mean
that it should be withdrawn from its station by any co-ordinate
authority.
With respect to papers, there is certainly a public and a private
side to our offices. To the former belong grants of land, patents
for inventions, certain commissions, proclamations, and other papers
patent in their nature. To the other belong mere executive
proceedings. All nations have found it necessary, that for the
advantageous conduct of their affairs, some of these proceedings,
at least, should remain known to their executive functionary
only. He, of course, from the nature of the case, must be the
sole judge of which of them the public interests will permit publication.
Hence, under our Constitution, in requests of papers
from the legislative to the executive branch, an exception is carefully
expressed, as to those which he may deem the public welfare
may require not to be disclosed; as you will see in the enclosed
resolution of the House of Representatives, which produced
the message of January 22d, respecting this case. The
respect mutually due between the constituted authorities, in their
official intercourse, as well as sincere dispositions to do for every
one what is just, will always insure from the executive, in exercising
the duty of discrimination confided to him, the same candor
and integrity to which the nation has in like manner trusted
in the disposal of its judiciary authorities. Considering you as the
organ for communicating these sentiments to the Court, I address
them to you for that purpose, and salute you with esteem and
respect.
Washington, June 19, 1807.
Dear Sir,—Yours of the 17th was received last night. Three
blank pardons had been (as I expect) made up and forwarded by
the mail of yesterday, and I have desired three others to go by
that of this evening. You ask what is to be done if Bollman
finally rejects his pardon, and the Judge decides it to have no
effect? Move to commit him immediately for treason or misdemeanor,
as you think the evidence will support; let the Court
decide where he shall be sent for trial; and on application, I will
have the marshall aided in his transportation, with the executive
means. And we think it proper, further, that when Burr shall
have been convicted of either treason or misdemeanor, you should
immediately have committed all those persons against whom you
should find evidence sufficient, whose agency has been so prominent
as to mark them as proper objects of punishment, and especially
where their boldness has betrayed an inveteracy of criminal
disposition. As to obscure offenders and repenting ones, let
them lie for consideration.
I enclose you the copy of a letter received last night, and giving
singular information. I have inquired into the character of
Graybell. He was an old revolutionary captain, is now a flour
merchant in Baltimore, of the most respectable character, and
whose word would be taken as implicitly as any man's for whatever
he affirms. The letter writer, also, is a man of entire respectability.
I am well informed, that for more than a twelvemonth
it has been believed in Baltimore, generally, that Burr was
engaged in some criminal enterprise, and that Luther Martin
knew all about it. We think you should immediately despatch
a subpœna for Graybell; and while that is on the road, you will
have time to consider in what form you will use his testimony;
e. g. shall Luther Martin be summoned as a witness against Burr,
and Graybell held ready to confront him? It may be doubted
whether we could examine a witness to discredit our own witness.
Besides, the lawyers say that they are privileged from being forced
to breaches of confidence, and that no others are. Shall we
move to commit Luther Martin, as particeps criminis with Burr?
Graybell will fix upon him misprison of treason at least. And
at any rate, his evidence will put down this unprincipled and
impudent federal bull-dog, and add another proof that the most
clamorous defenders of Burr are all his accomplices. It will explain
why Luther Martin flew so hastily to the "aid of his honorable
friend," abandoning his clients and their property during a
session of a principal court in Maryland, now filled, as I am
told, with the clamors and ruin of his clients. I believe we shall
send on Latrobe as a witness. He will prove that Aaron Burr
endeavored to get him to engage several thousand men, chiefly
Irish emigrants, whom he had been in the habit of employing in
the works he directs, under pretence of a canal opposite Louisville,
or of the Washita, in which, had he succeeded, he could
with that force alone have carried everything before him, and
would not have been where he now is. He knows, too, of certain
meetings of Burr, Bollman, Yrujo, and one other whom we
have never named yet, but have him not the less in our view.
I salute you with friendship and respect.
P. S. Will you send us half a dozen blank subpœnas?
Since writing the within I have had a conversation with Latrobe.
He says it was five hundred men he was desired to engage.
The pretexts were, to work on the Ohio canal, and be
paid in Washita lands. Your witnesses will some of them prove
that Burr had no interest in the Ohio canal, and that consequently
this was a mere pretext to cover the real object from the men
themselves, and all others. Latrobe will set out in the stage of
to-morrow evening, and be with you Monday evening.
Washington, June 19, 1807.
Dear Sir,—In acknowledging the receipt of your favor of
the 3d instant, I avail myself of the occasion it offers of tendering
to yourself, to Mr. Lincoln and to your State, my sincere
congratulations on the late happy event of the election of a republican
executive to preside over its councils. The harmony it
has introduced between the legislative and executive branches,
between the people and both of them, and between all and the
General Government, are so many steps towards securing that
union of action and effort in all its parts, without which no nation
can be happy or safe. The just respect with which all the
States have ever looked to Massachusetts, could leave none of
them without anxiety, while she was in a state of alienation from
her family and friends. Your opinion of the propriety and advantage
of a more intimate correspondence between the executives
of the several States, and that of the Union, as a central
point, is precisely that which I have ever entertained; and on
coming into office I felt the advantages which would result from
that harmony. I had it even in contemplation, after the annual
recommendation to Congress of those measures called for by the
times, which the Constitution had placed under their power, to
make communications in like manner to the executives of the
States, as to any parts of them to which the legislatures might be
alone competent. For many are the exercises of power reserved
to the States, wherein an uniformity of proceeding would be advantageous
to all. Such are quarantines, health laws, regulations
of the press, banking institutions, training militia, &c., &c. But
you know what was the state of the several governments when
I came into office. That a great proportion of them were federal,
and would have been delighted with such opportunities of
proclaiming their contempt, and of opposing republican men and
measures. Opportunities so furnished and used by some of the
State Governments, would have produced an ill effect, and would
have insured the failure of the object of uniform proceeding.
If it could be ventured even now (Connecticut and Delaware
being still hostile) it must be on some greater occasion than is
likely to arise within my time. I look to it, therefore, as a
course which will probably be to be left to the consideration of
my successor.
I consider, with you, the federalists as completely vanquished,
and never more to take the field under their own banners. They
will now reserve themselves to profit by the schisms among republicans,
and to earn favors from minorities, whom they will
enable to triumph over their more numerous antagonists. So
long as republican minorities barely accept their votes, no great
harm will be done; because it will only place in power one
shade of republicanism, instead of another. But when they purchase
the votes of the federalists, by giving them a participation
of office, trust and power, it is a proof that anti-monarchism is
not their strongest passion. I do not think that the republican
minority in Pennsylvania has fallen into this heresy, nor that
there are in your State materials of which a minority can be
made who will fall into it.
With respect to the tour my friends to the north have proposed
that I should make in that quarter, I have not made up a final
opinion. The course of life which General Washington had
run, civil and military, the services he had rendered, and the
space he therefore occupied in the affections of his fellow citizens,
take from his examples the weight of precedents for others,
because no others can arrogate to themselves the claims which
he had on the public homage. To myself, therefore, it comes
as a new question, to be viewed under all the phases it may present.
I confess that I am not reconciled to the idea of a chief
magistrate parading himself through the several States, as an object
of public gaze, and in quest of an applause which, to be
valuable, should be purely voluntary. I had rather acquire silent
good will by a faithful discharge of my duties, than owe
expressions of it to my putting myself in the way of receiving
them. Were I to make such a tour to Portsmouth or Portland,
I must do it to Savannah, perhaps to Orleans and Frankfort.
As I have never yet seen the time when the public business
would have permitted me to be so long in a situation in which
I could not carry it on, so I have no reason to expect that such
a time will come while I remain in office. A journey to Boston
or Portsmouth, after I shall be a private citizen, would much better
harmonize with my feelings, as well as duties; and, founded
in curiosity, would give no claims to an extension of it. I
should see my friends too more at our mutual ease, and be left
more exclusively to their society. However, I end as I began,
by declaring I have made up no opinion on the subject, and that
I reserve it as a question for future consideration and advice.
In the meantime, and at all times, I salute you with great respect
and esteem.
Washington, June 20, 1807.
Dear Sir,—Mr. Latrobe now comes on as a witness against
Burr. His presence here is with great inconvenience dispensed
with, as one hundred and fifty workmen require his constant
directions on various public works of pressing importance. I
hope you will permit him to come away as soon as possible.
How far his testimony will be important as to the prisoner, I
know not; but I am desirous that those meetings of Yrujo with
Burr and his principal accomplices, should come fully out, and
judicially, as they will establish the just complaints we have
against his nation.
I did not see till last night the opinion of the Judge on the
subpœna duces tecum against the President. Considering the
question there as coram non judice, I did not read his argument
with much attention. Yet I saw readily enough, that, as is
usual where an opinion is to be supported, right or wrong, he
dwells much on smaller objections, and passes over those which
are solid. Laying down the position generally, that all persons
owe obedience to subpœnas, he admits no exception unless it
can be produced in his law books. But if the Constitution enjoins
on a particular officer to be always engaged in a particular
set of duties imposed on him, does not this supersede the general
law, subjecting him to minor duties inconsistent with these?
The Constitution enjoins his constant agency in the concerns
of six millions of people. Is the law paramount to this, which
calls on him on behalf of a single one? Let us apply the
Judge's own doctrine to the case of himself and his brethren.
The sheriff of Henrico summons him from the bench, to quell
a riot somewhere in his county. The federal judge is, by the
general law, a part of the posse of the State sheriff. Would the
Judge abandon major duties to perform lesser ones? Again; the
court of Orleans or Maine commands, by subpœnas, the attendance
of all the judges of the Supreme Court. Would they
abandon their posts as judges, and the interests of millions committed
to them, to serve the purposes of a single individual?
The leading principle of our Constitution is the independence
of the Legislature, executive and judiciary of each other, and
none are more jealous of this than the judiciary. But would
the executive be independent of the judiciary, if he were subject
to the commands of the latter, and to imprisonment for disobedience;
if the several courts could bandy him from pillar to
post, keep him constantly trudging from north to south and east
to west, and withdraw him entirely from his constitutional
duties? The intention of the Constitution, that each branch
should be independent of the others, is further manifested by
the means it has furnished to each, to protect itself from enterprises
of force attempted on them by the others, and to none has
it given more effectual or diversified means than to the executive.
Again; because ministers can go into a court in London
as witnesses, without interruption to their executive duties, it is
inferred that they would go to a court one thousand or one thousand
five hundred miles off, and that ours are to be dragged
from Maine to Orleans by every criminal who will swear that
their testimony "may be of use to him." The Judge says, "it
is apparent that the President's duties as chief magistrate do not
demand his whole time, and are not unremitting." If he alludes
to our annual retirement from the seat of government, during the
sickly season, he should be told that such arrangements are
made for carrying on the public business, at and between the
several stations we take, that it goes on as unremittingly there,
as if we were at the seat of government. I pass more hours in
public business at Monticello than I do here, every day; and it
is much more laborious, because all must be done in writing.
Our stations being known, all communications come to them
regularly, as to fixed points. It would be very different were
we always on the road, or placed in the noisy and crowded taverns
where courts are held. Mr. Rodney is expected here every
hour, having been kept away by a sick child.
I salute you with friendship and respect.
Washington, June 21, 1807.
Dear Sir,—I have a grandson, the son of Mr. Randolph, now
about fifteen years of age, in whose education I take a lively
interest. * * * * * I am not a friend to placing young men in populous
cities, because they acquire there habits and partialities which
do not contribute to the happiness of their after life. But there
are particular branches of science, which are not so advantageously
taught anywhere else in the United States as in Philadelphia.
The garden at the Woodlands for Botany, Mr. Peale's
Museum for Natural History, your Medical school for Anatomy,
and the able professors in all of them, give advantages not to be
found elsewhere. We propose, therefore, to send him to Philadelphia
to attend the schools of Botany, Natural History, Anatomy,
and perhaps Surgery; but not of Medicine. And why
not of Medicine, you will ask? Being led to the subject, I will
avail myself of the occasion to express my opinions on that
science, and the extent of my medical creed. But, to finish first
with respect to my grandson, I will state the favor I ask of you,
and which is the object of this letter.
* * * * * * * *
This subject dismissed, I may now take up that which it led
to, and further tax your patience with unlearned views of medicine;
which, as in most cases, are, perhaps, the more confident
in proportion as they are less enlightened.
We know, from what we see and feel, that the animal body is
in its organs and functions subject to derangement, inducing pain,
and tending to its destruction. In this disordered state, we
observe nature providing for the re-establishment of order, by
exciting some salutary evacuation of the morbific matter, or by
some other operation which escapes our imperfect senses and researches.
She brings on a crisis, by stools, vomiting, sweat,
urine, expectoration, bleeding, &c., which, for the most part, ends
in the restoration of healthy action. Experience has taught us,
also, that there are certain substances, by which, applied to the
living body, internally or externally, we can at will produce these
same evacuations, and thus do, in a short time, what nature would
do but slowly, and do effectually, what perhaps she would not
have strength to accomplish. Where, then, we have seen a disease,
characterized by specific signs or phenomena, and relieved
by a certain natural evacuation or process, whenever that disease
recurs under the same appearances, we may reasonably count on
producing a solution of it, by the use of such substances as we
have found produce the same evacuation or movement. Thus,
fulness of the stomach we can relieve by emetics; diseases of
the bowels, by purgatives; inflammatory cases, by bleeding;
intermittents, by the Peruvian bark; syphilis, by mercury;
watchfulness, by opium; &c. So far, I bow to the utility of
medicine. It goes to the well-defined forms of disease, and happily,
to those the most frequent. But the disorders of the animal
body, and the symptoms indicating them, are as various as
the elements of which the body is composed. The combinations,
too, of these symptoms are so infinitely diversified, that
many associations of them appear too rarely to establish a definite
disease; and to an unknown disease, there cannot be a
known remedy. Here then, the judicious, the moral, the humane
physician should stop. Having been so often a witness to
the salutary efforts which nature makes to re-establish the disordered
functions, he should rather trust to their action, than
hazard the interruption of that, and a greater derangement of the
system, by conjectural experiments on a machine so complicated
and so unknown as the human body, and a subject so sacred as
human life. Or, if the appearance of doing something be necessary
to keep alive the hope and spirits of the patient, it should
be of the most innocent character. One of the most successful
physicians I have ever known, has assured me, that he used
more bread pills, drops of colored water, and powders of hickory
ashes, than of all other medicines put together. It was certainly
a pious fraud. But the adventurous physician goes on, and substitutes
presumption for knowledge. From the scanty field of
what is known, he launches into the boundless region of what
is unknown. He establishes for his guide some fanciful theory
of corpuscular attraction, of chemical agency, of mechanical
powers, of stimuli, of irritability accumulated or exhausted, of
depletion by the lancet and repletion by mercury, or some other
ingenious dream, which lets him into all nature's secrets at short
hand. On the principle which he thus assumes, he forms his
table of nosology, arrays his diseases into families, and extends
his curative treatment, by analogy, to all the cases he has thus
arbitrarily marshalled together. I have lived myself to see the
disciples of Hoffman, Boerhaave, Stahl, Cullen, Brown, succeed
one another like the shifting figures of a magic lantern, and
their fancies, like the dresses of the annual doll-babies from
Paris, becoming, from their novelty, the vogue of the day, and
yielding to the next novelty their ephemeral favor. The patient,
treated on the fashionable theory, sometimes gets well in
spite of the medicine. The medicine therefore restored him,
and the young doctor receives new courage to proceed in his
bold experiments on the lives of his fellow creatures. I believe
we may safely affirm, that the inexperienced and presumptuous
band of medical tyros let loose upon the world, destroys
more of human life in one year, than all the Robinhoods, Cartouches,
and Macheaths do in a century. It is in this part of
medicine that I wish to see a reform, an abandonment of hypothesis
for sober facts, the first degree of value set on clinical
observation, and the lowest on visionary theories. I would wish
the young practitioner, especially, to have deeply impressed on
his mind, the real limits of his art, and that when the state of
his patient gets beyond these, his office is to be a watchful, but
quiet spectator of the operations of nature, giving them fair play
by a well-regulated regimen, and by all the aid they can derive
from the excitement of good spirits and hope in the patient. I
have no doubt, that some diseases not yet understood may in
time be transferred to the table of those known. But, were I a
physician, I would rather leave the transfer to the slow hand of
accident, than hasten it by guilty experiments on those who put
their lives into my hands. The only sure foundations of medicine
are, an intimate knowledge of the human body, and observation
on the effects of medicinal substances on that. The anatomical
and clinical schools, therefore, are those in which the
young physician should be formed. If he enters with innocence
that of the theory of medicine, it is scarcely possible he should
come out untainted with error. His mind must be strong indeed,
if, rising above juvenile credulity, it can maintain a wise
infidelity against the authority of his instructors, and the bewitching
delusions of their theories. You see that I estimate
justly that portion of instruction which our medical students derive
from your labors; and, associating with it one of the chairs
which my old and able friend, Doctor Rush, so honorably fills,
I consider them as the two fundamental pillars of the edifice.
Indeed, I have such an opinion of the talents of the professors
in the other branches which constitute the school of medicine
with you, as to hope and believe, that it is from this side of the
Atlantic, that Europe, which has taught us so many other
things, will at length be led into sound principles in this branch
of science, the most important of all others, being that to which
we commit the care of health and life.
I dare say, that by this time, you are sufficiently sensible that
old heads as well as young, may sometimes be charged with ignorance
and presumption. The natural course of the human
mind is certainly from credulity to scepticism; and this is perhaps
the most favorable apology I can make for venturing so far
out of my depth, and to one too, to whom the strong as well as
the weak points of this science are so familiar. But having
stumbled on the subject in my way, I wished to give a confession
of my faith to a friend; and the rather, as I had perhaps, at
times, to him as well as others, expressed my scepticism in medicine,
without defining its extent or foundation. At any rate, it
has permitted me, for a moment, to abstract myself from the dry
and dreary waste of politics, into which I have been impressed
by the times on which I happened, and to indulge in the rich
fields of nature, where alone I should have served as a volunteer,
if left to my natural inclinations and partialities.
I salute you at all times with affection and respect.
Washington, June 21, 1807.
Dear Sir,—I received last night yours of the 16th, and sincerely
congratulate you on your safe arrival at Richmond, against
the impudent surmises and hopes of the band of conspirators,
who, because they are as yet permitted to walk abroad, and even
to be in the character of witnesses until such a measure of evidence
shall be collected as will place them securely at the bar of
justice, attempt to cover their crimes under noise and insolence.
You have indeed had a fiery trial at New Orleans, but it was
soon apparent that the clamorous were only the criminal, endeavoring
to turn the public attention from themselves and their
leader upon any other object.
Having delivered to the Attorney General all the papers I possessed,
respecting Burr and his accomplices, when he went to
Richmond, I could only write to him (without knowing whether
he was at Philadelphia, Wilmington, or Delaware) for your letter
of October 21st, desired by the court. If you have a copy of it,
and choose to give it in, it will, I think, have a good effect; for
it was my intention, if I should receive it from Mr. Rodney, not
to communicate it without your consent, after I learnt your arrival.
Mr. Rodney will certainly either bring or send it within
the course of a day or two, and it will be instantly forwarded to
Mr. Hay. For the same reason, I cannot send the letter of J. P.
D., as you propose, to Mr. Hay. I do not recollect what name
these initials indicate, but the paper, whatever it is, must be in
the hands of Mr. Rodney. Not so as to your letter to Dayton;
for as that could be of no use in the prosecution, and was reserved
to be forwarded or not, according to circumstances, I
retained it in my own hands, and now return it to you. If you
think Dayton's son should be summoned, it can only be done
from Richmond. We have no subpœnas here. Within about a
month we shall leave this to place ourselves in healthier stations.
Before that I trust you will be liberated from your present attendance.
It would have been of great importance to have had you
here with the Secretary at War, because I am very anxious to
begin such works as will render Plaquemine impregnable, and
an insuperable barrier to the passage of any force up or down the
river. But the Secretary at War sets out on Wednesday, to meet
with some other persons at New York, and determine on the
works necessary to be undertaken to put that place hors d'insulte,
and thence he will have to proceed northwardly, I believe. I
must ask you, at your leisure, to state to me in writing what you
think will answer our views at Plaquemine, within the limits of
expense which we can contemplate, and of which you can form
a pretty good idea.
Your enemies have filled the public ear with slanders, and
your mind with trouble on that account. The establishment of
their guilt will let the world see what they ought to think of
their clamors; it will dissipate the doubts of those who doubted
for want of knowledge, and will place you on higher ground in
the public estimate and public confidence. No one is more sensible
than myself of the injustice which has been aimed at you.
Accept, I pray you, my salutations, and assurances of respect and
esteem.
June 22, 1807.
I suggest to you the following, as some of the ideas which
might be expressed by General Wilkinson, in answering Governor
Saludo's letter. The introductory and concluding sentiments
will best flow from the General's own feelings of the personal
standing between him and Governor Saludo:
"On the transfer of Louisiana by France to the United States,
according to its boundaries when possessed by France, the government
of the United States considered itself entitled as far west
as the Rio Norte; but understanding soon after that Spain, on
the contrary, claimed eastwardly to the river Sabine, it has carefully
abstained from doing any act in the intermediate country,
which might disturb the existing state of things, until these opposing
claims should be explained and accommodated amicably.
But that the Red river and all its waters belonged to France, that
she made several settlements on that river, and held them as a
part of Louisiana until she delivered that country to Spain, and
that Spain, on the contrary, had never made a single settlement
on the river, are circumstances so well known, and so susceptible
of proof, that it was not supposed that Spain would seriously
contest the facts, or the right established by them. Hence our
government took measures for exploring that river, as it did that
of the Missouri, by sending Mr. Freeman to proceed from the
mouth upwards, and Lieutenant Pike from the source downwards,
merely to acquire its geography, and so far enlarge the boundaries
of science. For the day must be very distant when it will
be either the interest or the wish of the United States to extend
settlements into the interior of that country. Lieutenant Pike's
orders were accordingly strictly confined to the waters of the
Red river, and, from his known observance of orders, I am persuaded
that it must have been, as he himself declares, by missing
his way that he got on the waters of the Rio Norte, instead of
those of the Red river. That your Excellency should excuse
this involuntary error, and indeed misfortune, was expected from
the liberality of your character; and the kindnesses you have
shown him are an honorable example of those offices of good
neighborhood on your part, which it will be so agreeable to us
to cultivate. Accept my thanks for them, and be assured they
shall on all occasions meet a like return. To the same liberal
sentiment Lieutenant Pike must appeal for the restoration of his
papers. You must have seen in them no trace of unfriendly
views towards your nation, no symptoms of any other design
than of extending geographical knowledge; and it is not in the
nineteenth century, nor through the agency of your Excellency,
that science expects to encounter obstacles. The field of knowledge
is the common property of all mankind, and any discoveries
we can make in it will be for the benefit of yours and of every
other nation, as well as our own."
Washington, June 23, 1807.
Dear Sir,—In mine of the 12th I informed you I would
write to the Attorney General to send on the letter of General
Wilkinson of October 21st, referred to in my message of January
22d. He accordingly sent me a letter of that date, but I immediately
saw that it was not the one desired, because it had no
relation to the facts stated under that reference. I immediately,
by letter, apprized him of this circumstance, and being since returned
to this place, he yesterday called on me with the whole
of the papers remaining in his possession, and he assured me he
had examined carefully the whole of them, and that the one referred
to in the message was not among them, nor did he know
where it would be found. These papers have been recurred to
so often, on so many occasions, and some of them delivered out
for particular purposes, that we find several missing, without
being able to recollect what has been done with them. Some
of them were delivered to the Attorney of this district, to be used
on the occasions which arose in the District Court, and a part of
them were filed, as is said, in their office. The Attorney General
will examine their office to day, and has written to the
District Attorney to know whether he retained any of them. No
researches shall be spared to recover this letter, and if recovered,
it shall immediately be sent on to you. Compiling the message
from a great mass of papers, and pressed in time, the date of a
particular paper may have been mistaken, but we all perfectly
remember the one referred to in the message, and that its substance
is there correctly stated. General Wilkinson probably
has copies of all the letters he wrote me, and having expressed a
willingness to furnish the one desired by the Court, the defendant
can still have the benefit of it. Or should he not have
the particular one on which that passage in the message is
founded, I trust that his memory would enable him to affirm
that it is substantially correct. I salute you with friendship and
respect.
Washington, June 24, 1807.
Sir,—I enclose you a petition of John Partridge, which I perceive
to have been in your hands before, by a certificate endorsed
on it. The petitioner says the term of labor to which he was
sentenced expired on the 14th instant; that he is unable to pay
the costs of prosecution, and therefore prays to be discharged.
But in such cases it is usual to substitute an additional term of
confinement equivalent to that portion of the sentence which
cannot be complied with. Pardons too for counterfeiting bank
paper are yielded with much less facility than others. However,
in all cases I have referred these petitions to the judges and prosecuting
attorney, who having heard all the circumstances of the
case, are the best judges whether any of them were of such a
nature as ought to obtain for the criminal a remission or abridgement
of the punishment. I now enclose the papers, and ask the
favor of you to take the opinion of the judges on that subject,
and to favor me with your own, which will govern me in what
I do, and be my voucher for it. I salute you with esteem and
respect.
Washington, June 25, 1807. 5.30 P. M.
Dear Sir,—I am sincerely sorry that I am obliged to ask
your attendance here without a moment's avoidable delay. The
capture of the Chesapeake by a British ship of war renders it necessary
to have all our Council together. I do not suppose it
will detain you long from rejoining Mrs. Dearborne. The mail
is closing. Affectionate salutations.
Washington, June 25, 1807. 5.30 P. M.
Dear Sir,—I am sorry to be obliged to hasten your return to
this place, and pray that it maybe without a moment's avoidable
delay. The capture of the Chesapeake by a British ship of war
renders it necessary to have all our Council together. The mail
is closing. Affectionate salutations.
Washington, June 29, 1807.
Sir,—Your favor by express was safely received on Saturday
night, and I am thankful to you for the attention of which it is
a proof. Considering the General and State governments as co-operators
in the same holy concerns, the interest and happiness of
our country, the interchange of mutual aid is among the most
pleasing of the exercises of our duty. Captain Gordon, the second
in command of the Chesapeake, has arrived here with the
details of that affair. Yet as the precaution you took of securing
us against the accident of wanting information, was entirely proper,
and the expense of the express justly a national one, I have
directed him to be paid here, so that he is enabled to refund any
money you may have advanced him. Mr. Gallatin and General
Dearborne happening to be absent, I have asked their immediate
attendance here, and I expect them this day. We shall then
determine on the course which the exigency and our constitutional
powers call for. Whether the outrage is a proper cause of
war, belonging exclusively to Congress, it is our duty not to
commit them by doing anything which would be to be retracted.
We may, however, exercise the powers entrusted to us for preventing
future insults within our harbors, and claim firmly satisfaction
for the past. This will leave Congress free to decide
whether war is the most efficacious mode of redress in our case,
or whether, having taught so many other useful lessons to Europe,
we may not add that of showing them that there are
peaceable means of repressing injustice, by making it the interest
of the aggressor to do what is just, and abstain from future
wrong. It is probable you will hear from us in the course of
the week. I salute you with great esteem and respect.
July 4, 1807.
If I understand the claim of the Creeks, it is that they shall
have a right of transit across our territories, but especially along
our rivers from the Spanish territories to their own, for goods for
their own use, without paying us a duty. I think they are in
the right. This is exactly what we are claiming of Spain, as
to this very river, the Mobile. Our doctrine is that different nations
inhabiting the same river have all a natural right to an innocent
passage along it, just as individuals of the same nation
have of a river wholly within the territory of that nation. I do
not know whether our revenue law, justly construed, opposes
this; but if it does not, we ought to take the case into consideration,
and do what is right. It is here that the manner in which
this right has been asserted by Captain Isaac, is not agreeable.
But can we blame it? and ought not those who are in the wrong
to put themselves in the right, without listening to false pride?
Affectionate salutations.
Washington, July 6, 1807.
Dear Sir,—I congratulate you on your safe arrival with Miss
Clinton at New York, and especially on your escape from British
violence. This aggression is of a character so distinct from that
on the Chesapeake, and of so aggravated a nature, that I consider
it as a very material one to be presented with that to the British
Government. I pray you, therefore, to write me a letter, stating
the transaction, and in such a form as that it may go to that
Government. At the same time, I must request you to instruct
Mr. Gelston, from me, to take the affidavits of the Captain of the
revenue cutter, and of such other persons as you shall direct,
stating the same affair, and to be forwarded, in like manner, to
our Minister in London.
You will have seen by the proclamation, the measures adopted.
We act on these principles, 1. That the usage of nations requires
that we shall give the offender an opportunity of making reparation
and avoiding war. 2. That we should give time to our
merchants to get in their property and vessels and our seamen now
afloat. And 3. That the power of declaring war being with the
Legislature, the executive should do nothing, necessarily committing
them to decide for war in preference of non-intercourse,
which will be preferred by a great many. They will be called
in time to receive the answer from Great Britain, unless new occurrences
should render it necessary to call them sooner.
I salute you with friendship and respect.
Washington, July 6, 1807.
Sir,—Your favor of the 1st instant has been received, and I
thank you for the communication. Considering the mass of
false reports in circulation, and the importance of being truly informed
of the proceedings of the British armed vessels in the
Chesapeake and its vicinities, I should be very glad, as you are
on the spot, provided with a proper vessel and men, if you could
continue watching their motions constantly, and giving me information
of them. In that case it would be necessary you
should journalize everything respecting them which should fall
within your observation, and enclose daily to me a copy of the
observations of the day, forwarding them to the post-office of
Norfolk, by every opportunity occurring. Your allowance should
be exactly on the same footing as when you were surveying the
coast, and for current expenses you may draw on Mr. Bedinger,
Navy Agent, at Norfolk, only accompanying each draught with
a letter explaining generally the purpose of it, which is a constant
and indispensable rule in all our departments. It will be
necessary for me to ask the continuance of this service from you
only until I can ascertain the course these officers mean to pursue.
I salute you with esteem and respect.
Washington, July 7, 1807.
Dear Sir,—I enclose you copies of two letters sent by express
from Captain Decatur. By these you will perceive that the
British commanders have their foot on the threshold of war.
They have begun the blockade of Norfolk; have sounded the
passage to the town, which appears practicable for three of their
vessels, and menace an attack on the Chesapeake and Cybele.
These, with four gun-boats, form the present defence, and there
are four more gun-boats in Norfolk nearly ready. The four
gun-boats at Hampton are hauled up, and in danger, four in Mopjack
bay are on the stocks. Blows may be hourly possible. In
this state of things I am sure your own feelings will anticipate the
public judgment, that your presence here cannot be dispensed
with. There is nobody here who can supply your knowledge
of the resources for land co-operation, and the means for bringing
them into activity. Still, I would wish you would stay long
enough at New York to settle with the V. P. and Colonel Williams,
the plan of defence for that place; and I am in hopes you
will also see Fulton's experiments tried, and see how far his
means may enter into your plan. But as soon as that is done,
should matters remain in their present critical state, I think the
public interest and safety would suffer by your absence from us.
Indeed, if the present state of things continues, I begin to fear we
shall not be justifiable in separating this autumn, and that even an
earlier meeting of Congress than we had contemplated, may be
requisite. I salute you affectionately.
Washington, July 8, 1807.
The tender of your services for the erection and reparation of
Fort Norfolk and works on Craney Island, and for manning the
gun-boats and other vessels for the waters of Elizabeth and James
rivers, are received with great satisfaction. They are the more
important, in proportion as we have much to do in the least time
possible. Knowing their peculiar value for manning and managing
the gun-boats and other vessels, it is in that direction I am
in hopes they will have been applied, and that the necessary aid for
erecting or repairing works on the land will have been found in
the zeal of other citizens, less qualified to be useful in the employments
on the water. I return, for your country, the thanks
you so justly deserve.
Washington, July 8, 1807.
Sir,—You will have received from the Secretary at War a
letter, requesting that the quota of the State of Virginia of
100,000 militia be immediately organized and put in readiness
for service at the shortest warning, but that they be not
actually called out until further requisition. The menacing attitudes
which the British ships of war have taken in Hampton
Road, the actual blockade of Norfolk, and their having sounded
the entrance, as if with a view to pass up to the city, render it
necessary that we should be as well prepared there as circumstances
will permit. The Secretary at War being gone to New
York to arrange a plan of defence for that city, it devolves on
me to request that, according to the applications you may receive
from the officers charged with the protection of the place, and
the information which you are more at hand to obtain than we
are here, you will order such portions of the militia as you shall
think necessary and most convenient to enter immediately on duty,
for the defence of the place and protection of the country, at the
expense of the United States. We have, moreover, four gun-boats
hauled up at Hampton, and four others on the stocks in
Matthews county, under the care of Commodore Samuel Barron,
which we consider as in danger. I must request you also to order
such aids of militia, on the application of that officer, as you shall
think adequate to their safety. Any arms which it may be necessary
to furnish to the militia for the present objects, if not identically
restored to the State, shall be returned in kind or in value
by the United States. I have thought I could not more effectually
provide for the safety of the places menaced, than by committing
it to your hands, as you are nearer the scene of action,
have the necessary powers over the militia, can receive information,
and give aid so much more promptly than can be done from
this place. I will ask communications from time to time of your
proceedings under this charge. I salute you with great esteem
and respect.
Washington, July 8, 1807.
Sir,—The Secretary at War having proceeded to New York
to make arrangements for the defence of that place, your letter
to him of July 4th has been put into my hands. I see with
satisfaction the promptitude with which you have proceeded in
mounting the guns of your fort, and I will count on your continuing
your utmost exertions for putting yourself in the best
condition of defence possible. With respect to the instructions
you ask for, you will consider the proclamation of July 2d as
your general instructions, but especially you are to contribute all
the means in your power towards the defence of the country, its
citizens, and property, against any aggressions which may be attempted
by the British armed vessels or any other armed force.
I salute you with respect.
Washington, July 8, 1807.
Sir,—The Secretary at War having gone on to New York for
the purpose of having that place put into a state of defence, your
letter of July 4th to him has been put into my hands. I see
with satisfaction that in an emergency too sudden to have been
provided for by orders from hence, you have, under the guidance
of your own judgment and patriotism, taken the measures within
your power towards supporting the rights of your country. I
will pray you to consider the proclamation of July 2d as laying
down the rule of action for all our citizens, in their several
authorities and stations; but that it is further desired of you to
employ the means under your command, for defence of the country,
its citizens, and property, against all aggressions attempted
by the British armed vessels or other force. The Governor of
Virginia being in a situation to act with more promptitude on
any emergency which may arise, so far as respects the militia of
the State, I have authorized and requested him to order into service
such portions of the militia as he shall think necessary, on
application from any of the persons charged with the defence of
Norfolk or other places menaced. With him I recommend to you
to communicate as to the militia to be employed, approving most
myself whatever shall be most effectual for repelling aggression
on our peace, and maintaining the authority of the laws. Accept
my salutations, and assurances of great respect.
Washington, July 9, 1807.
Dear Sir,—Your favor of June 23d is received. I had not
before learned that a life of Dr. Priestley had been published, or
I should certainly have procured it; for no man living had a
more affectionate respect for him. In religion, in politics, in
physics, no man has rendered more service.
I had always expected that when the republicans should have
put down all things under their feet, they would schismatize
among themselves. I always expected, too, that whatever names
the parties might bear, the real division would be into moderate
and ardent republicanism. In this division there is no great
evil,—not even if the minority obtain the ascendency by the accession
of federal votes to their candidate; because this gives us
one shade only, instead of another, of republicanism. It is to be
considered as apostasy only when they purchase the votes of
federalists, with a participation in honor and power. The gross
insult lately received from the English has forced the latter into
a momentary coalition with the mass of republicans; but the
moment we begin to act in the very line they have joined in approving,
all will be wrong, and every act the reverse of what it
should have been. Still, it is better to admit their coalescence,
and leave to themselves their short-lived existence. Both reason
and the usage of nations required we should give Great Britain
an opportunity of disavowing and repairing the insult of their
officers. It gives us at the same time an opportunity of getting
home our vessels, our property, and our seamen,—the only means
of carrying on the kind of war we should attempt. The only
difference, I believe, between your opinion and mine, as to the
protection of commerce, is the forcing the nation to take the best
road, and the letting them take the worse, if such is their will.
I salute you with great esteem and respect.
Washington, July 9, 1807.
Dear Sir,—Considering that gun-boats will enter very materially
into the system of defence for New York, I have thought
that Commodore Rogers, (who is proceeding to that place on
other business,) from his peculiar acquaintance with their operation
and effect, might be useful as an associate in your examinations
of the place, and the determinations to be formed. His
opinions on that part of the subject will add weight to whatever
shall be concluded. I have therefore desired him to take a part
with yourself, the Vice-President, and Colonel Williams, in the
examinations and consultations.
I have just received a deputation from the Alexandrians, who
are under uneasiness for their own unprotected situation, and
asking the loan of a large number of muskets and cannon. I
have convinced them that a very small force at Digges' Point will
defend them more effectually than a very great one at their city,
and that on your return we will have the place examined, a battery
established, and have small arms in readiness to be given
out to them in the moment they shall be wanted to support the
battery. Indeed I think a position to be taken there is indispensable
for the safety of the Navy Yard and its contents: say a
battery and block-house. Who can we get to examine the place,
and give a proper plan? This we must determine on your return.
Nothing new from Norfolk. Mr. Erskine has written
pressingly to Commodore Douglass. Affectionate salutations.
July 10, 1807.
Something now occurs almost every day on which it is
desirable to have the opinions of the heads of departments, yet
to have a formal meeting every day would consume so much of
their time as to seriously obstruct their regular business. I have
proposed to them, as most convenient for them, and wasting less
of their time, to call on me at any moment of the day which
suits their separate convenience, when, besides any other business
they may have to do, I can learn their opinions separately
on any matter which has occurred, also communicate the information
received daily. Perhaps you could find it more convenient,
sometimes, to make your call at the hour of dinner, instead
of going so much further to dine alone. You will always find
a plate and a sincere welcome. In this way, that is, successively,
I have to-day consulted the other gentlemen on the question
whether letters of Marque were to be considered as written within
our interdict. We are unanimously of opinion they are not.
We consider them as essentially merchant vessels; that commerce
is their main object, and arms merely incidental and defensive.
Affectionate salutations
Washington, July 10, 1807.
Dear Sir,—I wrote you on the 10th of July, 1806, but supposing,
from your not acknowledging the receipt of the letter,
that it had miscarried, I sent a duplicate with my subsequent one
of April the 2d. These having gone by the Wasp, you will
doubtless have received them. Since that, yours of May the 1st
has come to hand. You will see by the despatches from the department
of State, earned by the armed vessel the Revenge, into
what a critical state our peace with Great Britain is suddenly
brought, by their armed vessels in our waters. Four vessels of
war (three of them two deckers) closely blockade Norfolk at this
instant. Of the authority under which this aggression is committed,
their minister here is unapprized. You will see by the
proclamation of July the 2d, that (while we are not omitting
such measures of force as are immediately necessary) we propose
to give Great Britain an opportunity of disavowal and reparation,
and to leave the question of war, non-intercourse, or other measures,
uncommitted, to the Legislature. This country has never
been in such a state of excitement since the battle of Lexington.
In this state of things, cordial friendship with France, and peace
at least with Spain, become more interesting. You know the
circumstances respecting this last power, which have rendered it
ineligible that you should have proceeded heretofore to your destination.
But this obstacle is now removed by their recall of
Yrujo, and appointment of another minister, and in the meantime,
of a chargé des affaires, who has been received. The way
now being open for taking your station at Madrid, it is certainly
our wish you should do so, and that this may be more agreeable
to you than your return home, as is solicited in yours of May the
1st. It is with real unwillingness we should relinquish the benefit
of your services. Nevertheless, if your mind is decidedly
bent on that, we shall regret, but not oppose your return. The
choice, therefore, remains with yourself. In the meantime, your
place in the joint commission being vacated by either event, we
shall take the measures rendered necessary by that. We have
seen, with real grief, the misunderstanding which has taken place
between yourself and General Armstrong. We are neither qualified
nor disposed to form an opinion between you. We regret
the pain which must have been felt by persons, both of whom
hold so high a place in our esteem, and we have not been without
fear that the public interest might suffer by it. It has seemed,
however, that the state of Europe has been such as to admit
little to be done, in matters so distant from them.
The present alarm has had the effect of suspending our foreign
commerce. No merchant ventures to send out a single vessel;
and I think it probable this will continue very much the case till
we get an answer from England. Our crops are uncommonly
plentiful. That of small grain is now secured south of this, and
the harvest is advancing here.
Accept my salutations, and assurances of affectionate esteem
and respect.
Washington, July 11, 1807.
Sir,—I have received your letter of yesterday, mentioning
that you had, on the 4th of July, made a tender of the services
of the Light Infantry Company of Georgetown. The circumstances
of the day must apologize for its having escaped my
recollection. This tender of service in support of the rights of
our country merits and meets the highest praise; and whenever
the moment arrives in which these rights must appeal to the
public arm for support, the spirit from which your offer flows,
that which animates our nation, will be their sufficient safeguard.
To the Legislature will be rendered a faithful account of the
events which have so justly excited the sensibilities of our country,
of the measures taken to obtain reparation, and of their
result; and to their wisdom will belong the course to be ultimately
pursued.
In the meantime it is our duty to pursue that prescribed by
the existing laws, towards which, should your services be requisite,
this offer of them will be remembered.
I tender for your country the thanks so justly due to yourself,
the other officers and privates of the company.
Washington, July 11, 1807.
Dear Sir,—Yours of June 27th has been duly received, and
although wishing your happiness always, I cannot be altogether
unpleased with a transfer of your services to a department more
pleasing to yourself, yet I cannot but lament your loss in Congress.
You know that talents cannot be more useful anywhere
than there; and the times seem to portend that we may have
occasion there for all we possess. You have long ago learnt
the atrocious acts committed by the British armed vessels in the
Chesapeake and its neighborhood. They cannot be easily accommodated,
although it is believed that they cannot be justified
by orders from their government. We have acted on these principles;
1, to give that government an opportunity to disavow
and make reparation; 2, to give ourselves time to get in the
vessels, property and seamen, now spread over the ocean; 3, to do
no act which might compromit Congress in their choice between
war, non-intercourse, or any other measure. We shall probably
call them some time in October, having regard to the return of
the healthy season, and to the receipt of an answer from Great
Britain, before which they could only act in the dark. In the
meantime we shall make all the preparations which time will
permit, so as to be ready for any alternative.
The officers of the British ships, in a conference with a gentleman
sent to them by the Mayor of Norfolk, have solemnly
protested they mean no further proceeding without further
orders. But the question is whether they will obey the proclamation?
If they do not, acts of force will probably ensue; still
these may lead to nothing further, if their government is just.
I salute you with great affection.
Washington, July 13, 1807.
Dear Sir,—I wrote you on the 7th; since that we learn that
the Bellone and Leopard remaining in Hampton Road, the other
two vessels have returned to the Capes of Chesapeake, where
they have been reinforced by another frigate and a sloop of war,
we know not from whence. This induces us to suppose they
do not mean an immediate attack on Norfolk, but to retain their
present position till further orders from their Admiral. I am inclined
to think that the body of militia now in the field in Virginia
would need to be regulated according to these views. They
are in great want of artillery, the State possessing none. Their
subsistence also, and other necessary expenses, require immediate
attention from us, the finances of the State not being at all in a
condition to meet these cases. We have some applications for
the loan of field-pieces. The transportation of heavy cannon to
Norfolk and Hampton, is rendered difficult by the blockade of
those ports. These things are of necessity reserved for your
direction on your return, as nobody here is qualified to act in
them. It gives me sincere concern that events should thus have
thwarted your wishes. Should the Bellone and Leopard retire,
and a disposition be shown by the British commanders to restore
things to a state of peace until they hear from their government,
we may go into summer quarters without injury to the public
safety, having previously made all necessary arrangements.
But if the present hostile conduct is pursued, I fear we shall be
obliged to keep together, or at least within consulting distance.
I salute you with sincere affection and respect.
Washington, July 14, 1807.
My Dear Sir,—I received last night your letter of May 6th,
and a vessel being just now sailing from Baltimore, affords me
an opportunity of hastily acknowledging it. Your exhortation
to make a provision of arms is undoubtedly wise, and we have
not been inattentive to it. Our internal resources for cannon are
great, and those for small arms considerable, and in full employment.
We shall not suffer from that want, should we have
war; and of the possibility of that you will judge by the enclosed
proclamation, and by what you know of the character of
the English government. Never since the battle of Lexington
have I seen this country in such a state of exasperation as at
present, and even that did not produce such unanimity. The
federalists themselves coalesce with us as to the object, though
they will return to their trade of censuring every measure taken
to obtain it. "Reparation for the past, and security for the future,"
is our motto; but whether they will yield it freely, or
will require resort to non-intercourse, or to war, is yet to be seen.
We prepare for the last. We have actually 2,000 men in the
field, employed chiefly in covering the exposed coast, and cutting
off all supply to the British vessels. We think our gun-boats at
New York, (thirty-two,) with heavy batteries along shore, and
bombs, will put that city hors de insulte. If you could procure,
and send me a good description and drawing of one of your
Prames, you would do me a most acceptable service. I suppose
them to be in fact a floating battery, rendered very manageable
by oars.
Burr's conspiracy has been one of the most flagitious of which
history will ever furnish an example. He had combined the
objects of separating the western States from us, of adding
Mexico to them, and of placing himself at their head. But he
who could expect to effect such objects by the aid of American
citizens, must be perfectly ripe for Bedlam. Yet although there
is not a man in the United States who is not satisfied of the
depth of his guilt, such are the jealous provisions of our laws in
favor of the accused, and against the accuser, that I question if
he can be convicted. Out of the forty-eight jurors who are to
be summoned, he has a right to choose the twelve who are to try
him, and if any one of the twelve refuses to concur in finding
him guilty, he escapes. This affair has been a great confirmation
in my mind of the innate strength of the form of our government.
He had probably induced near a thousand men to engage with
him, by making them believe the government connived at it. A
proclamation alone, by undeceiving them, so completely disarmed
him, that he had not above thirty men left, ready to go all
lengths with him. The first enterprise was to have been the
seizure of New Orleans, which he supposed would powerfully
bridle the country above, and place him at the door of Mexico.
It has given me infinite satisfaction that not a single native
Creole of Louisiana, and but one American, settled there before
the delivery of the country to us, were in his interest. His partisans
there were made up of fugitives from justice, or from their
debts, who had flocked there from other parts of the United
States, after the delivery of the country, and of adventurers and
speculators of all descriptions. I thank you for the volume of
Memoirs you have sent me, and I will immediately deliver that
for the Phil. Society. I feel a great interest in the publication
of Turfot's works, but quite as much in your return here. Your
Eleutherian son is very valuable to us, and will daily become
more so. I hope there will be a reaction of good offices on him.
We have heard of a great improvement in France of the furnace
for heating cannon-balls, but we can get no description of it.
I salute you with sincere affection, and add assurances of the
highest respect.
Washington, July 14, 1807.
My Dear Friend,—I received last night your letters of February
the 20th and April 29th, and a vessel just sailing from Baltimore
enables me hastily to acknowledge them; to assure you of
the welcome with which I receive whatever comes from you, and
the continuance of my affectionate esteem for yourself and family.
I learn with much concern, indeed, the state of Madame de
La Fayette's health. I hope I have the pleasure yet to come of
learning its entire re-establishment. She is too young not to
give great confidence to that hope.
Measuring happiness by the American scale, and sincerely
wishing that of yourself and family, we had been anxious to see
them established this side of the great water. But I am not certain
that any equivalent can be found for the loss of that species
of society, to which our habits have been formed from infancy.
Certainly, had you been, as I wished, at the head of the government
of Orleans, Burr would never have given me one moment's
uneasiness. His conspiracy has been one of the most flagitious
of which history will ever furnish an example. He meant to
separate the western States from us, to add Mexico to them, place
himself at their head, establish what he would deem an energetic
government, and thus provide an example and an instrument for
the subversion of our freedom. The man who could expect to
effect this, with American materials, must be a fit subject for
Bedlam. The seriousness of the crime, however, demands more
serious punishment. Yet, although there is not a man in the
United States who doubts his guilt, such are the jealous provisions
of our laws in favor of the accused against the accuser, that
I question if he is convicted. Out of forty-eight jurors to be
summoned, he is to select the twelve who are to try him, and if
there be any one who will not concur in finding him guilty, he
is discharged of course. I am sorry to tell you that Bollman was
Burr's right hand man in all his guilty schemes. On being
brought to prison here, he communicated to Mr. Madison and
myself the whole of the plans, always, however, apologetically
for Burr, as far as they would bear. But his subsequent tergiversations
have proved him conspicuously base. I gave him a
pardon, however, which covers him from everything but infamy.
I was the more astonished at his engaging in this business, from
the peculiar motives he should have felt for fidelity. When I
came into the government, I sought him out on account of the
services he had rendered you, cherished him, offered him two different
appointments of value, which, after keeping them long
under consideration, he declined for commercial views, and
would have given him anything for which he was fit. Be assured
he is unworthy of ever occupying again the care of any
honest man. Nothing has ever so strongly proved the innate
force of our form of government, as this conspiracy. Burr had
probably engaged one thousand men to follow his fortunes, without
letting them know his projects, otherwise than by assuring
them the government approved of them. The moment a proclamation
was issued, undeceiving them, he found himself left
with about thirty desperadoes only. The people rose in mass
wherever he was, or was suspected to be, and by their own energy
the thing was crushed in one instant, without its having been
necessary to employ a man of the military but to take care of
their respective stations. His first enterprise was to have been
to seize New Orleans, which he supposed would powerfully bridle
the upper country, and place him at the door of Mexico. It is
with pleasure I inform you that not a single native Creole, and
but one American of those settled there before we received the
place, took any part with him. His partisans were the new
emigrants from the United States and elsewhere, fugitives from
justice or debt, and adventurers and speculators of all descriptions.
I enclose you a proclamation, which will show you the critical
footing on which we stand at present with England. Never,
since the battle of Lexington, have I seen this country in such a
state of exasperation as at present. And even that did not produce
such unanimity. The federalists themselves coalesce with
us as to the object, although they will return to their old trade of
condemning every step we take towards obtaining it. "Reparation
for the past, and security for the future," is our motto.
Whether these will be yielded freely, or will require resort to
non-intercourse, or to war, is yet to be seen. We have actually
near two thousand men in the field, covering the exposed parts
of the coast, and cutting off supplies from the British vessels.
I am afraid I have been very unsuccessful in my endeavors to
serve Madame de Tessé in her taste for planting. A box of
seeds, &c., which I sent her in the close of 1805, was carried
with the vessel into England, and discharged so late that I fear
she lost their benefit for that season. Another box, which I prepared
in the autumn of 1806, has, I fear, been equally delayed
from other accidents. However, I will persevere in my endeavors.
Present me respectfully to her, M. de Tessé, Madam de La
Fayette and your family, and accept my affectionate salutations,
and assurances of constant esteem and respect.
Washington, July 16, 1807.
Dear Sir,—Your letter of the 10th has been received, and I
note what is said on the provision which ought to be made by
us, for the militia in the field. An arrangement by the Secretary
at War to meet certain other persons at New York, to concert a
plan of defence for that city, has occasioned necessarily his temporary
absence from this place, and there is no person sufficiently
informed to take the necessary measures until his return, which
will be on Tuesday or Wednesday next. I hope no great inconvenience
may be experienced if it lies till then. It has been suggested
to me that if the British vessels should be disposed to
leave our waters, they might not be able to do it without some
supplies, especially of water; and it is asked whether supplies to
carry them away may be admitted? It has been answered that,
on their giving assurance of immediate departure from our waters,
they may have the supplies necessary to carry them to Halifax
or the West Indies. I must pray you to instruct Gen. Matthews
to permit it, if he be applied to. But it is best that nothing be
said on this subject until an application is actually made by them.
Their retirement would prevent the necessity of a resort to force,
and give us time to get in our ships, our property, and our seamen,
now under the grasp of our adversary; probably not less
than 20,000 of the latter are now exposed on the ocean, whose
loss would cripple us in the outset more than the loss of several
battles. However pleasing the ardor of our countrymen, as a
pledge of their support, if war is to ensue, as is very possible, we,
to whom they trust for conducting their affairs to the best advantage,
should take care that it be not precipitated, while every day
is restoring to us our best means for carrying it on. I salute you
with friendship and respect.
Washington, July 16, 1807.
I have received, madam, the letter which you have done me
the favor to write from Paris on the 24th of April, and M. le Ray
de Chaumont informs me that the book you were so kind as to
confide to him, not having reached Nantes when he sailed, will
come by the first vessel from that port to this country. I shall
read with great pleasure whatever comes from your pen, having
known its powers when I was in a situation to judge, nearer at
hand, the talents which directed it.
Since then, madam, wonderful are the scenes which have
passed! Whether for the happiness of posterity, must be left to
their judgment. Even of their effect on those now living, we,
at this distance, undertake not to decide. Unmeddling with the
affairs of other nations, we presume not to prescribe or censure
their course. Happy, could we be permitted to pursue our own
in peace, and to employ all our means in improving the condition
of our citizens. Whether this will be permitted, is more doubtful
now than at any preceding time. We have borne patiently
a great deal of wrong, on the consideration that if nations go to
war for every degree of injury, there would never be peace on
earth. But when patience has begotten false estimates of its
motives, when wrongs are pressed because it is believed they
will be borne, resistance becomes morality.
The grandson of Mr. Neckar cannot fail of a hearty welcome
in a country which so much respected him. To myself, who
loved the virtues and honored the great talents of the grandfather,
the attentions I received in his natal house, and particular
esteem for yourself, are additional titles to whatever service I can
render him. In our cities he will find distant imitations of the
cities of Europe. But if he wishes to know the nation, its occupations,
manners, and principles, they reside not in the cities; he
must travel through the country, accept the hospitalities of the
country gentlemen, and visit with them the school of the people.
One year after the present will complete for me the quadragena
stipendia, and will place me among those to whose hospitality I
recommend the attentions of your son. He will find a sincere
welcome at Monticello, where I shall then be in the bosom of
my family, occupied with my books and my farms, and enjoying,
under the government of a successor, the freedom and tranquillity
I have endeavored to secure for others.
Accept the homage of my respectful salutations, and assurances
of great esteem and consideration.
Washington, July 17, 1807.
Dear Sir,—I take the liberty of enclosing to your care some
letters to friends who, whether they are in Paris or not I do not
know. If they are not, I will pray you to procure them a safe
delivery.
You will receive, through the department of State, information
of the critical situation in which we are with England. An outrage
not to be borne has obliged us to fly to arms, and has produced
such a state of exasperation, and that so unanimous, as never has
been seen in this country since the battle of Lexington. We
have between two and three thousand men on the shores of the
Chesapeake, patrolling them for the protection of the country,
and for preventing supplies of any kind being furnished to the
British; and the moment our gun-boats are ready we shall endeavor
by force to expel them from our waters. We now send
a vessel to call upon the British government for reparation for the
past outrage, and security for the future, nor will anything be
deemed security but a renunciation of the practice of taking persons
out of our vessels, under the pretence of their being English.
Congress will be called some time in October, by which time we
may have an answer from England. In the meantime we are
preparing for a state of things which will take that course, which
either the pride or the justice of England shall give it. This
will occasion a modification of your instructions, as you will
learn from the Secretary of State. England will immediately
seize on the Floridas as a point d'appui to annoy us. What are
we to do in that case? I think she will find that there is no nation
on the globe which can gall her so much as we can. I salute
you with great affection and respect.
Washington, July 17, 1807.
My Dear Sir,—I have this moment received certain information
that the British vessels have retired from Hampton Road.
Whether they will only join their companions in the bay, and
remain there or go off, is yet to be seen. It gives me real pain
to believe that circumstances still require your presence here. I
have had a consultation this day with our colleagues on that subject,
and we have all but one opinion on that point. Indeed, if
I regarded yourself alone, I should deem it necessary to satisfy
public opinion, that you should not be out of place at such a
moment. The arrangements for the militia, now much called
for, can be properly made only by yourself. Several other details
are also at a stand. I shall therefore hope to see you in a
very few days. An important question will be to be decided on
the arrival of Decatur here, about this day se'nnight, whether, as
the retirement of the British ships from Hampton Road enables
us to get our sixteen gun-boats together, we shall authorize them
to use actual force against the British vessels. Present to Mrs.
Dearborne, and accept yourself, my affectionate and respectful
salutations.
Washington, July 17, 1807.
My Dear Friend,—Yours of the 11th is received. In appointments
to public offices of mere profit, I have ever considered
faithful service in either our first or second revolution as giving
preference of claim, and that appointments on that principle
would gratify the public, and strengthen that confidence so necessary
to enable the executive to direct the whole public force
to the best advantage of the nation. Of Mr. Bolling Robertson's
talents and integrity I have long been apprized, and would
gladly use them where talents and integrity are wanting. I had
thought of him for the vacant place of secretary of the Orleans
territory, but supposing the salary of two thousand dollars not
more than he makes by his profession, and while remaining
with his friends, I have, in despair, not proposed it to him. If
he would accept it, I should name him instantly with the greatest
satisfaction. Perhaps you could inform me on this point.
With respect to Major Gibbons, I do indeed recollect, that in
some casual conversation, it was said, that the most conspicuous
accomplices of Burr were at home at his house; but it made so
little impression on me, that neither the occasion nor the person
is now recollected. On this subject, I have often expressed the
principles on which I act, with a wish they might be understood
by the federalists in office. I have never removed a man merely
because he was a federalist: I have never wished them to give
a vote at an election, but according to their own wishes. But
as no government could discharge its duties to the best advantage
of its citizens, if its agents were in a regular course of
thwarting instead of executing all its measures, and were employing
the patronage and influence of their offices against the
government and its measures, I have only requested they would
be quiet, and they should be safe; that if their conscience urges
them to take an active and zealous part in opposition, it ought
also to urge them to retire from a post which they could not conscientiously
conduct with fidelity to the trust reposed in them;
and on failure to retire, I have removed them; that is to say,
those who maintained an active and zealous opposition to the
government. Nothing which I have yet heard of Major Gibbons
places him in danger from these principles.
I am much pleased with the ardor displayed by our countrymen
on the late British outrage. It gives us the more confidence
of support in the demand of reparation for the past, and
security for the future, that is to say, an end of impressments.
If motives of either justice or interest should produce this from
Great Britain, it will save a war; but if they are refused, we
shall have gained time for getting in our ships and property, and
at least twenty thousand seamen now afloat on the ocean, and
who may man two hundred and fifty privateers. The loss of
these to us would be worth to Great Britain many victories of
the Nile and Trafalgar. The meantime may also be importantly
employed in preparations to enable us to give quick and deep
blows.
Present to Mrs. Page, and receive yourself my affectionate
and respectful salutations.
Washington, July 18, 1807.
Sir,—We learn through the channel of the newspapers that
Governor Claiborne having engaged in a duel, has been dangerously
wounded, and the Secretary having resigned his office, the
territory will in that event be left without any executive head.
It is not in my power immediately to make provision for this unfortunate
and extraordinary state to which the territory may thus
have been reduced, otherwise than by beseeching you to undertake
the office of Secretary for a short time, until I can fill up
the appointment. I well know that immersed in other business,
as you are, this will greatly embarrass you; but I will not desire
you to do anything more than absolute necessity shall require,
and even from that you shall be shortly relieved by the appointment
of a successor. This request is made in the event of Governor
Claiborne's wound having proved mortal. If he is alive,
the commission need not be used. I shall be anxious to hear
from you. In the meantime accept my friendly and respectful
salutations.
Washington, July 19, 1807.
Sir,—Your letter of the 15th was received yesterday, and the
opinion you have given to General Matthews against allowing
any intercourse between the British Consul and the ships of his
nation remaining in our waters, in defiance of our authority, is
entirely approved. Certainly while they are conducting themselves
as enemies de facto, intercourse should be permitted only
as between enemies, by flags under the permission of the commanding
officers, and with their passports. My letter of the 16th
mentioned a case in which a communication from the British
officers should be received if offered. A day or two ago, we
permitted a parent to go on board the Bellone with letters from
the British minister, to demand a son impressed; and others
equally necessary will occur, but they should be under the permission
of some officer having command in the vicinity.
With respect to the disbanding some portion of the troops, although
I consider Norfolk as rendered safe by the batteries, the
two frigates, the eight gun-boats present, and nine others and a
bomb-vessel which will be there immediately, and consequently
that a considerable proportion of the militia may be spared, yet I
will pray you to let that question lie a few days, as in the course
of this week we shall be better able to decide it. I am anxious
for their discharge the first moment it can be done with safety,
because I know the dangers to which their health will be exposed
in that quarter in the season now commencing. By a
letter of the 14th from Col. Tatham, stationed at the vicinities of
Lynhaven Bay to give us daily information of what passes, I
learn that the British officers and men often go ashore there, that
on the day preceding, 100 had been at the pleasure-house in quest
of fresh provisions and water, that negroes had begun to go off
to them. As long as they remain there, we shall find it necessary
to keep patroles of militia in the neighborhood sufficiently
strong to prevent them from taking or receiving supplies. I presume
it would be thought best to assign the tour for the three
months to come, to those particular corps who being habituated
to the climate of that part of the country, will be least likely to
suffer in their health; at the end of which time others from other
parts of the country may relieve them, if still necessary. In the
meantime our gun-boats may all be in readiness, and some preparations
may be made on the shore, which may render their remaining
with us not eligible to themselves. These things are
suggested merely for consideration for the present, as by the
close of the week I shall be able to advise you of the measures
ultimately decided on. I salute you with friendship and respect.
Washington, July 20, 1807.
Sir,—Although I cannot always acknowledge the receipt of
communications, yet I merit their continuance by making all the
use of them of which they are susceptible. Some of your suggestions
had occurred, and others will be considered. The time
is coming when our friends must enable us to hear everything,
and expect us to say nothing; when we shall need all their confidence
that everything is doing which can be done, and when
our greatest praise shall be, that we appear to be doing nothing.
The law for detaching one hundred thousand militia, and the
appropriation for it, and that for fortifications, enable us to do
everything for land service, as well as if Congress were here;
and as to naval matters, their opinion is known. The course
we have pursued, has gained for our merchants a precious interval
to call in their property and our seamen, and the postponing
the summons of Congress will aid in avoiding to give too quick
an alarm to the adversary. They will be called, however, in
good time. Although we demand of England what is merely
of right, reparation for the past, security for the future, yet as
their pride will possibly, nay probably, prevent their yielding
them to the extent we shall require, my opinion is, that the public
mind, which I believe is made up for war, should maintain
itself at that point. They have often enough, God knows,
given us cause of war before; but it has been on points which
would not have united the nation. But now they have touched
a chord which vibrates in every heart. Now then is the time
to settle the old and the new.
I have often wished for an occasion of saying a word to you
on the subject of the Emperor of Russia, of whose character
and value to us, I suspect you are not apprized correctly. A
more virtuous man, I believe, does not exist, nor one who is
more enthusiastically devoted to better the condition of mankind.
He will probably, one day, fall a victim to it, as a monarch
of that principle does not suit a Russian noblesse. He is
not of the very first order of understanding, but he is of a high
one. He has taken a peculiar affection to this country and its
government, of which he has given me public as well as personal
proofs. Our nation being, like his, habitually neutral, our interests
as to neutral rights, and our sentiments agree. And
whenever conferences for peace shall take place, we are assured
of a friend in him. In fact, although in questions of restitution
he will be with England, in those of neutral rights he will be
with Bonaparte and with every other power in the world, except
England; and I do presume that England will never have peace
until she subscribes to a just code of marine law. I have gone
into this subject, because I am confident that Russia (while her
present monarch lives) is the most cordially friendly to us of
any power on earth, will go furthest to serve us, and is most
worthy of conciliation. And although the source of this information
must be a matter of confidence with you, yet it is desirable
that the sentiments should become those of the nation. I
salute you with esteem and respect.
Washington, July 23, 1807.
Thomas Jefferson has re-examined the complaints in the memorial
from Tombigbee, and Mr. Gaines' explanation. The complaints
are:
1. That Mr. Gaines stopped a vessel having a legal permit.
2. That he arrested Col. Burr militarily.
3. That Mr. Small gave evidence against Col. Burr.
4. That he, Mr. Small, refused a passport to a Mr. Feu.
5. That he levies duties on Indian goods.
6. That the people of that settlement have not the free use of
the Mobile.
2. That the arrest of Col. Burr was military has been disproved;
but had it been so, every honest man and good citizen is bound,
by any means in his power, to arrest the author of projects so
daring and dangerous.
3. This complaint, as well as the preceding one, would imply
a partiality for Col. Burr, of which he hopes the petitioners were
not guilty.
5. The levy of duty on Indian goods is required by the laws
of Congress.
6. There has been a constant hope of obtaining the navigation
by negotiation, and no endeavors has been spared. Congress has
not thought it expedient as yet to plunge the nation into a war
against Spain and France, or to obtain an exemption from the
duty levied on the use of that river.
1. On the subject of the first complaint, Mr. Gaines was giving
a verbal explanation, which Thomas Jefferson asks the favor of
him to repeat.
4. On this subject, also, he asks any information Mr. Gaines
can give; for though it is a matter of discretion, it should be exercised
without partiality or passion. He salutes Mr. Gaines with
esteem and respect.
Washington, July 24, 1807.
Sir,—Yours of the 20th has been duly received. The relation
in which we stand with the British naval force within our waters
is so new, that differences of opinion are not to be wondered at
respecting the captives, who are the subject of your letter. Are
they insurgents against the authority of the laws? Are they
public enemies, acting under the orders of their sovereign? or
will it be more correct to take their character from the act of
Congress for the preservation of peace in our harbors, which
authorizes a qualified war against persons of their demeanor, defining
its objects, and limiting its extent? Considering this act
as constituting the state of things between us and them, the captives
may certainly be held as prisoners of war. If we restore
them it will be an act of favor, and not of any right they can
urge. Whether Great Britain will give us that reparation for the
past and security for the future, which we have categorically demanded,
cannot as yet be foreseen; but we have believed we
should afford an opportunity of doing it, as well from justice and
the usage of nations, as a respect to the opinion of an impartial
world, whose approbation and esteem are always of value. This
measure was requisite, also, to produce unanimity among ourselves;
for however those nearest the scenes of aggression and
irritation may have been kindled into a desire for war at short
hand, the more distant parts of the Union have generally rallied
to the point of previous demand of satisfaction and war, if denied.
It was necessary, too, for our own interests afloat on the ocean,
and under the grasp of our adversary; and, added to all this,
Great Britain was ready armed and on our lines, while we were
taken by surprise, in all the confidence of a state of peace,
and needing time to get our means into activity. These considerations
render it still useful that we should avoid every
act which may precipitate immediate and general war, or in any
way shorten the interval so necessary for our own purposes; and
they render it advisable that the captives, in the present instance,
should be permitted to return, with their boat, arms, &c., to their
ships. Whether we shall do this a second, a third, or a fourth
time, must still depend on circumstances. But it is by no means
intended to retire from the ground taken in the proclamation.
That is to be strictly adhered to. And we wish the military to
understand that while, for special reasons, we restore the captives
in this first instance, we applaud the vigilance and activity
which, by taking them, have frustrated the object of their enterprise,
and urge a continuance of them, to intercept all intercourse
with the vessels, their officers and crews, and to prevent them
from taking or receiving supplies of any kind; and for this purpose,
should the use of force be necessary, they are unequivocally
to understand that force is to be employed without reserve or
hesitation. I salute you with great esteem and respect.
Washington, July 27, 1807.
Sir,—The Secretary at War having returned from New York,
we have immediately taken up the question respecting the discharge
of the militia, which was the subject of your two last
letters, and which I had wished might remain undecided a few
days. From what we have learnt of the conduct of the British
squadron in the Chesapeake, since they have retired from Hampton
Roads, we suppose that, until orders from England, they do
not contemplate any further acts of hostility, other than those they
are daily exercising, by remaining in our waters in defiance of the
national authority, and bringing to vessels within our jurisdiction.
Were they even disposed to make an attempt on Norfolk, it is believed
to be sufficiently secured by the two frigates Cybele and
Chesapeake, by the twelve gun-boats now there, and four more
from Matthews county expected,—by the works of Fort Nelson;
to all of which we would wish a company of artillery, of the
militia of the place, to be retained and trained, putting into their
hands the guns used at Fort Norfolk and Cape Henry, to cut off
from these vessels all supplies, according to the injunctions of the
proclamation, and to give immediate notice to Norfolk should any
symptoms of danger appear,—to oppose which the militia of the
borough and the neighboring counties should be warned to be in
constant readiness to march at a moment's warning. Considering
these provisions as quite sufficient for the safety of Norfolk,
we are of opinion that it will be better immediately to discharge
the body of militia now in service, both on that and the other
side of James river. This is rendered expedient, not only that
we may husband from the beginning those resources which will
probably be put to a long trial, but from a regard to the health
of those in service, which cannot fail to be greatly endangered
during the sickly season now commencing, and the discouragement,
which would thence arise, to that ardor of public spirit now
prevailing. As to the details necessary on winding up this service,
the Secretary at War will write fully, as he will, also, relative
to the force retained in service, and whatever may hereafter
concern them or their operations, which he possesses so much
more familiarly than I do, and have been gone into by myself
immediately, only on account of his absence on another service.
The diseases of the season incident to most situations on the
tide-waters, now beginning to show themselves here, and to
threaten some of our members, together with the probability of a
uniform course of things in the Chesapeake, induce us to prepare
for leaving this place during the two sickly months, as well for
the purposes of health as to bestow some little attention to our
private affairs, which is necessary at some time of every year.
Our respective stations will be fixed and known, so that everything
will find us at them, with the same certainty as if we were
here; and such measures of intercourse will be established as
that the public business will be carried on at them, with all the
regularity and dispatch necessary. The present arrangements of
the post office admit an interchange of letters between Richmond
and Monticello twice a week, if necessary, and I propose that a
third shall be established during the two ensuing months, of which
you shall be informed. My present expectation is to leave this
place for Monticello, about the close of this or the beginning of
the next week. The Secretary at War will continue in this
neighborhood until we shall further see that the course of things
in the Chesapeake will admit of his taking some respite. I salute
you with great esteem and respect.
Washington, July 28, 1807.
Sir,—Your several letters from the 10th to the 23d, inclusive,
have been duly received, and have served to regulate our belief
of the state of things in Lynhaven, amidst the variety of uncertain
reports which were afloat. In mine of the 6th, I mentioned
that it would be necessary for me to ask the continuance of this
service from you only until I could ascertain the course the squadron
of Commodore Douglass meant to pursue. We are now tolerably
satisfied as to that course. From everything we have seen, we
conclude that it is not their intention to go into a state of general
war, or to commit further hostilities than remaining in our waters
in defiance, and bring-to vessels within them, until they
get their orders from England. We have therefore determined
to keep up only a troop of cavalry for patrolling the coast opposite
them, and preventing their getting supplies, and the naval
and artillery force, now in Norfolk, for its defence. In this state
of things, and in consideration of the unhealthy season now approaching
at this as other places on the tide-waters, and which
we have always retired from about this time, the members of the
administration, as well as myself, shall leave this place in three
or four days, not to return till the sickly term is over, unless
something extraordinary should re-assemble us. It is therefore
unnecessary for me to ask any longer the continuance of your
labors. You will be so good as to make the proper disposition
of whatever articles you may have found it necessary to procure
on public account, to make up the accounts for your services according
to the principles stated in my letter of the 6th, and to
send them either to myself for the Navy department, or to the
head of that department directly. They would find me at Monticello.
With my thanks for the diligence with which you have
executed this trust, accept my salutations and assurances of esteem
and respect.
Washington, July 30, 1807.
Dear Sir,—I kept up your letter of the 23d till the return of
General Dearborne enabled us to give to the question of lending
arms, a serious consideration. We find that both law and expediency
draw a line for our guide. In general, our magazines are
open for troops, militia, or others, when they take the field for
actual service. Besides this, a law has expressly permitted loans
for training volunteers who have engaged themselves for immediate
service. The inference is, that we are not to lend to any
others. And indeed, were we to lend for training the militia,
our whole stock would not suffice, and not an arm would be left
for real service. You are sensible, I am sure, that however desirous
we might be of gratifying the particular request you have
made, yet as what we do for one we must do for another, we
could not afterwords stop.
Of the measures suggested in your preceding letter, one only
did not exactly meet our ideas. We thought it better not to
convene Congress till the 26th of October. Within a fortnight
after that we may expect our vessel with the answer of England.
Until that arrives there would be no ground sufficiently
certain for Congress to act on. In the meanwhile we are making
every preparation which could be made were they in session.
The detachment act and its appropriation authorizes this. Congress
could not declare war without a demand of satisfaction, nor
should they lay an embargo while we have so much under the
grasp of our adversary. They might, indeed, authorize the
building more gun-boats; but having so lately negatived that
proposition, it would not be respectful in me even to suggest it
again, much less to make it the ground of convening them. If
they should change their minds, and authorize the building more,
(and indeed I think two hundred more, at least, are necessary, in
aid of other works, to secure our harbors,) the winter will suffice
for building them, and the winter will also enable us to do much
towards batteries and fortifications, if the appropriation be made
early. We find that we cannot man our gun-boats now at Norfolk.
I think it will be necessary to erect our sea-faring men
into a naval militia, and subject them to tours of duty in whatever
port they may be.
We have been for some time under dread from the bilious
season, now commencing. Mr. Madison and Mr. Gallatin have
had symptoms of indisposition. We have nearly everything so
arranged as that we can carry on the public affairs at our separate
stations. I shall therefore leave this on the 1st of August, for
that and the ensuing month. We shall avoid, as far as we honorably
can, every act which would precipitate general hostilities,
and shorten the interval so necessary for our merchants to get in
their property and our seamen. Accept my salutations, and assurances
of great esteem and respect.
Washington, July 30, 1807.
The offer of your professional services in any way most useful
to your country, merits and meets the highest praise. Should the
outrages lately committed by the agents of a foreign power, in
the Chesapeake and its neighborhood, extend themselves to your
port, your services will be valuable towards its security; and if
a general appeal is to be made to the public arm for the support
of our rights, the spirit from which your offer flows, that which
animates our nation, will, I trust, be their sufficient safeguard.
I tender for your country the thanks you so justly deserve.
Washington, July 31, 1807.
Dear Sir,—I shall to-morrow set out for Monticello. Considering
the critical state of things, it has been thought better, during
my stay there, to establish a daily conveyance of a mail from
Fredericksburg to Monticello. This enables me to hear both
from the north and south every day. Should you have occasion
then to communicate with me, your letters can come to me daily
by being put into the Fredericksburg mail, every day except that
on which the mail stage leaves Richmond for Milton, by which
letters of that day will come to me directly.
The course which things are likely to hold for some time has
induced me to discontinue the establishment at Lynhaven for obtaining
daily information of the movements of the squadron in
that neighborhood. But still as it is expected that a troop of
cavalry will patrole that coast constantly, I think it would be advisable
if your Excellency would be so good as to instruct the
commanding officer of the troop to inform you daily of the occurrences
of the day, sending off his letter in time to get to Norfolk
before the post hour. This letter, after perusal for your own
information, I would ask the favor of you to forward by the post
of the day, under cover to me. I think a post comes one day
from Norfolk by the way of Petersburg, and the next by the way
of Hampton. If so, the letters may come every day. I salute
you with great and sincere esteem and respect.
Washington, August 1, 1807.
Dear Sir,—I received two days ago your letter recommendatory
of Mr. Woodford. I knew his father well, and can readily
believe that his merits are descended on the son, and especially
after what you say of him. If we could always have as good
grounds to go upon, it would greatly relieve the terrible business
of nominations. But lest you should not have attended to it, I
have taken up my pen in the moment of setting out for Monticello,
to remind you that whether we receive the militia or volunteers
from the States, the appointment of officers will be with them.
There therefore should be Mr. Woodford's application. Should
we have war with England, regular troops will be necessary;
and though in the first moments of the outrage on the Chesapeake
I did not suppose it was by authority from their government, I
now more and more suspect it, and of course, that they will not
give the reparation for the past and security for the future, which
alone may prevent war. The new depredations committing on
us, with this attack on the Chesapeake, and their calling on Portugal
to declare on the one side or the other, if true, prove they
have coolly calculated it will be to their benefit to have everything
on the ocean fair prize, and to support their navy by plundering
all mankind. This is the doctrine of "war in disguise,"
and I expect they are going to adopt it. It is really mortifying
that we should be forced to wish success to Bonaparte, and to
look to his victories as our salvation. We expect the return of
the Revenge the second week in November, with their answer,
or no answer, which will enable Congress to take their course.
In the meantime, we will have everything as ready as possible
for any course they may prefer. I salute you with friendship
and respect.
Monticello, August 7, 1807.
I dare say that Purcell's map must be of value, and it would
be well if his representatives would publish it, but whether worth
your purchase, and at what price, General Wilkinson might perhaps
satisfy you. I shall write to Marentille that if you think it
worth while to give him fifty thousand dollars for his project,
you will inform him. In the contrary case, it may be put away
in your pigeon hole of projects. Governor Cabell, after informing
me of the orders for the discharge of the militia, except a
company of artillery, and one of cavalry, as we directed, adds:
"I have, however, in pursuance of the advice of council, done
what your letter did not expressly authorize. But when I state
to you the reasons which influenced the measure, I hope you will
approve it. You relied entirely on the troop of horse for cutting
off the supplies. But we have received the most satisfactory information
of the insufficiency of cavalry to perform that service,
in consequence of the particular nature of the country in which
they have to act. It is covered with sandbanks and hills, which,
in many places (where supplies are most easily procured), render
cavalry incapable of action. So severe has this service been, that
it has already almost knocked up as fine a battalion of cavalry as
any in the United States, perhaps as any in the world. Influenced
by these considerations, which we believe had not presented
themselves to your mind, because you had not received the
necessary information as to facts, the executive have called
into service a company of infantry from the county of Princess
Anne, to co-operate with the cavalry in cutting off the supplies.
Since giving these orders, I understand that General Mathews has
anticipated us by calling into actual service the very force we
contemplated." Our object was certainly to prevent supplies,
and if the means we thought of are not adequate, we should,
had we known all circumstances, have provided what would
have been effectual; for I think the point of honor requires we
should enforce the proclamation in those points in which we
have force sufficient. I shall await your opinion, however, before
I answer the Governor's letter. Information as late as August
3d, shows that the squadron was quiet in and near the Bay,
and General Thomas Hardy, to whom Tazewell delivered the five
men, declared to him that his objection to intercourse by flag,
was that the two nations were not in a state of war, which alone
required it. He said he expected Barclay, or General Robert
Lowrie, in a week to take the command. I salute you with sincere
affection and respect.
Monticello, August 7, 1807.
Dear Sir,—Your letters of July 31st and August 5th were received
yesterday. The ground taken in conformity with the
Act of Congress, of considering as public enemies British armed
vessels in or entering our waters, gives us the benefit of a system
of rules, sanctioned by the practice of nations in a state of
war, and consequently enabling us with certainty and satisfaction
to solve the different cases which may occur in the present state
of things. With these rules most officers are acquainted, and
especially those old enough to have borne a part in the revolutionary
war.
1. As to the enemy within our waters, intercourse, according
to the usages of war, can only be by flag; and the ceremonies
respecting that are usually a matter of arrangement between the
adverse officers commanding in the neighborhood of each other.
If no arrangement is agreed on, still the right of sending a flag
is inherent in each party, whose discretion will direct him to
address it to the proper adverse authority; as otherwise it would
be subject to delay or rejection. Letters addressed by flag to
persons in authority with the adverse power, may be sent sealed,
and should be delivered. But, if to others, or to their own friends
happening to be within the limits of the adversary, they must be
open. If innocent in the judgment of the receiving officer,
courtesy requires their delivery; if otherwise, they may be destroyed
or returned by him; but in a case of only suspended
amity, as ours, they should be returned. Letters sent from the
interdicted vessels to their consul in Norfolk must be open; and
the propriety of delivering them judged of by our officer, tempering
his judgment however with liberality and urbanity.
Those to their minister plenipotentiary here, sealed or unsealed,
should be sent to the Secretary of State without any delay. As
to the demand of fugitive slaves, it was the custom during the
late war, for the owner to apply to our commander for a flag, and
to go himself with that, to exhibit his claim and receive the
fugitive. And with respect to Americans detained on board their
ships, the application should be still, as heretofore, made through
the Secretary of State, to whose proper documents are to be furnished.
But without waiting for his application, the British
officer, knowing them to be Americans and freemen, cannot but
feel it a duty to restore them to their liberty on their own demand.
2. As to the residue of the British nation, with whom we are
as yet in peace, their persons and vessels, unarmed, are free to
come into our country without question or molestation. And
even armed vessels, in distress, or charged, under due authority,
with despatches addressed to the government of the United
States, or its authorized agents, are, by a proviso in the proclamation,
to be received. This exception was meant to cover
the British packets coming to New York, which are generally
armed, as well as to keep open, through other channels, the
communication between the governments. Such a vessel as the
Columbine needs no flag, because she is not included in the interdict.
Her repairs and supplies are to be regulated by the collector
of the port, who may permit them liberally (if no abuse
be justly suspected) so far as wanted to carry her back to the
port from whence she came. The articles of intercourse, stay
and departure, are to be specially superintended by such person
as the government shall authorize and instruct.
I have thus far, in compliance with your request, stated the
practice of nations so generally as to meet the cases which may
arise in the neighborhood of Norfolk. In doing this, I may, in
some cases, have mistaken the practice. Where I have done so,
I mean that my opinion shall be subject to correction from that
practice. On determining that the militia should be disbanded,
except so small a portion as would require only a major to command,
we concluded that so long as Captain Decatur should remain
in his present station, he should be the officer to receive,
authorize and regulate intercourse by flag, with the British
squadron in the Chesapeake. He has accordingly, I expect, received
instructions to that effect, from the Secretary of the Navy,
and I shall communicate to him a copy of this letter to assist
him in that duty.
The Secretary at War, I presume, has written to you on the
appointment of a Major to command the militia retained. In
your selection of the officer, I have no doubt you will be sensible
of the importance of naming one of intelligence and activity,
as on him we are to rely for daily information from that interesting
quarter.
I salute you with friendship and respect.
Monticello, August 8, 1807.
Sir,—I have just now received from the Secretary at War, a
letter to him from the Secretary of the territory of Louisiana,
requesting him to tender to the President of the United States
the services of the members of the Military School of the Mine à
Burton, as a volunteer corps, under the late act of Congress
authorizing the acceptance of the services of volunteer corps.
As you are now proceeding to take upon you the government of
that territory, I pray you to be the bearer of my thanks to them
for this offer, and to add the pleasure it gives me to receive
further their assurances that they will cordially co-operate in the
restoration of that harmony in the territory, so essential to its
happiness, and so much desired by me. They, as well as all the
other inhabitants of the territory, may rest satisfied that all the
authorities of the general government entertain towards them the
most liberal and paternal dispositions, and wish nothing more
ardently than to do for their happiness whatever these dispositions
may dictate. Want of information, or misinformation, may defeat
their first efforts towards this object, but as they advance in
obtaining more correct knowledge of their situation, they will
be able to establish for them in the end such regulations as will
secure their religious, political and civil rights.
As the direction of the militia will be in your hands, I must
request you to exercise for me the powers given by the act above
mentioned, respecting volunteers, and to arrange them to the best
advantage for the prompt and effectual defence of the territory. I
salute you with friendship and respect.
Monticello, August 9, 1807.
Dear Sir,—Yours of yesterday was received in the course of
the day. Our post-rider has not yet got to be punctual, arriving
here from two to four hours later than he should do, that is to
say from 3 to 5 o'clock instead of 1. I mean to propose to him
that being rigorously punctual in his arrival, I will always discharge
him the moment he arrives, instead of keeping him till
7 o'clock as the postmaster proposes, taking for myself the forenoon
of the succeeding day to answer every mail. I do not exactly
recollect who of the heads of departments were present,
(but I think every one except Mr. Gallatin,) when, conversing
on the bungling conduct of our officers with respect to Erskine's
letters, and the more bungling conduct to be expected when the
command should devolve on a militia major, Mr. Smith proposed
that the whole regulation of flags should be confided to Decatur,
which appeared to obtain the immediate assent of all.
However, the remedy is easy, and perhaps more proper on the
whole. That is, to let the commanding officer by land, as well
as the one by water, have equal authority to send and receive
flags. I will write accordingly to Governor Cabell. This is
the safer, as I believe T. Newton (of Congress) is the Major.
General Dearborne has sent me a plan of a war establishment
for fifteen thousand regulars for garrisons, and instead of fifteen
thousand others, as a disposable force, to substitute thirty-two
thousand twelve-month volunteers, to be exercised and paid
three months in the year, and consequently the costing no more
than eight thousand permanent, giving us the benefit of thirty-two
thousand for any expedition, who would be themselves
nearly equal to regulars, but could on occasion be put into the
garrisons and the regulars employed in the expedition primâ facie.
I like it well. I salute you affectionately.
P. S. The record of the blank commission for Marshal of
North Carolina, sent to Governor Alexander, must be filled up
with the name of John S. West, the former Marshal, who has
agreed to continue.
Monticello, August 9, 1807.
Dear Sir,—I received yesterday yours of the 7th, with the
proposition for substituting thirty-two thousand twelve-month volunteers
instead of fifteen thousand regulars as a disposable force,
and I like the idea much. It will of course be a subject of consideration
when we all meet again, but I repeat that I like it greatly.
On some occasion, a little before I left Washington, when we
were together (all, I think, except Mr. Gallatin, but I am not
quite so sure as to yourself as the others), conversing on the
bungling business which had been made by the officers commanding
at Norfolk, with Erskine's letters, and the more bungling
conduct to be expected when the command should devolve
on a militia major, Mr. Smith proposed that the whole business
of flags should be committed to Decatur. This appeared to obtain
at once the general approbation. Thinking it so settled,
on lately receiving a letter from Governor Cabell, asking full and
explicit instructions as to the mode of intercourse, I endeavored
to lay down the general rules of intercourse by flag, as well digested
as I could to meet all cases, but concluded by informing
him that that whole business was committed to Decatur. Mr.
Madison now informs me that either not recollecting or not understanding
this to have been the arrangement, instructions have
been given to the officer commanding by land, relative to intercourse,
which may produce collision. The remedy I think is
easy, and will on the whole place the matter on more proper
ground. That is, to give to the commanding officers by land as
well as sea, equal authority to send and receive flags. This is
the safer, as I see by the papers that Mr. Newton (of Congress)
is the Major. I shall accordingly write to Governor Cabell to-day
to correct the error, and to inform him that the two commanders
stand on an equal footing in the direction of flags.
I wrote you yesterday as to the additional company of infantry
employed, and shall await your opinion before I say anything
on it to the Governor. I salute you affectionately.
Monticello, August 9, 1807.
Dear Sir,—In my letter of the 7th I informed you that on
consultation at Washington, it had been concluded best to commit
the whole business of flags to Captain Decatur. I now find
that I had not recollected our conclusion correctly, and that it
had been understood that the commanding officers by land and
water, should have equal authority to license the sending and receiving
flags; which is not only proper, but the more satisfactory,
as I learn by the papers that Mr. Newton, of Congress, is
the commanding Major. Will you be so good as to have him
furnished with a copy of my letter, (with a correction of the error,)
that he and Captain Decatur may govern themselves by the
same rules. I salute you with great esteem and respect.
Monticello, August 9, 1807.
Sir,—On receiving tenders of service from various military
corps, I have usually addressed the answer to the officer commanding
them. Observing in the address of the Master Mariners
of Baltimore of July 16th, that being probably unorganized,
no commanding officer was named, I considered the first
person on the list of subscribers as a kind of foreman, and therefore
addressed my answer to him. I now, with pleasure, correct,
on reflection, that error, by enclosing a duplicate of the
answer to yourself, as the chairman whom they had chosen as
the channel of communication, having nothing more at heart
than to prove my respect for yourself and the Master Mariners
of Baltimore. Accept for yourself and them the assurances of
my high consideration.
Monticello, August 9, 1807.
Dear Sir,—Soon after my arrival here I received a letter from
Governor Cabell, requesting me to give such instructions for regulating
the intercourse with the British squadron as might enable
the officers to act correctly. I accordingly undertook to digest
the rules of practice, as to flags, as well as I could, and
so as to meet all cases, in a letter to the Governor, a copy of
which I now enclose you. Soon after sending it, I learnt from
Mr. Madison that the arrangement at Washington had not been
known or understood to exclude the officer commanding on
shore from the right of communicating by flag, and that some particular
orders from the War office, respecting Mr. Erskine's letter,
might produce a collision. I have therefore written to Governor
Cabell, making the correction stated at the foot of the enclosed
letter, which is the safer. As Mr. Newton (of Congress)
is the Major Commandant ashore, you will see by the letter that
I meant to send a copy of it to Captain Decatur, but have thought
it more proper to send it you, with a request to forward it, or a
copy, to him. Mr. Newton receiving also a copy, they will be
enabled to act by one uniform rule. I salute you with affection
and respect.
Monticello, August 11, 1807.
Dear Sir,—In mine of the day before yesterday, I informed
you that to comply with a request of Governor Cabell, I had undertaken
to lay down rules of intercourse with the British vessels,
at first intended for Captain Decatur only, but afterwards
extended with equal power to the officer commanding by land,
so that each should have equal power to send and receive flags.
I now send you a copy of that letter. Since that I have received
from the Governor a letter, pointing out difficulties occurring
in the execution of the Volunteer act, from the restriction of
issuing commissions until the companies be actually raised, the
brigades, &c., organized. Another difficulty, not mentioned in
the letter, embarrassed him, with respect to accepting more than
the quota of each district. I learnt, through a direct channel,
that he was so seriously impressed with these legal obstacles, that
no commissions were likely to be issued, and then, certainly,
that few volunteers would be raised. In answering his letter,
therefore, I have dwelt more on these points than might otherwise
have seemed necessary. I enclose the letter for your consideration,
that if you find no error in it material enough to require
a return of it for correction, you will be so good as to seal
and forward it to him without delay. But if you think anything
material in it should be corrected before it is sent, I will pray
you to suggest the alteration, and return me the letter. I salute
you affectionately.
P. S. Be pleased to return the Governor's letter to me.
Monticello, August 11, 1807.
Dear Sir,—Your favor of the 7th is received. It asks my
opinion on several points of law arising out of the act of Congress
for accepting thirty thousand volunteers. Although your own opinion,
and those of some of your counsellors, more recent in the
habit of legal investigation, would be a safer guide for you than
mine, unassisted by my ordinary and able associates, yet I shall
frankly venture my individual thoughts on the subject, and participate
with you in any risks of disapprobation to which an
honest desire of furthering the public good may expose us.
In the construction of a law, even in judiciary cases of meum
et tuum, where the opposite parties have a right and counter-right
in the very words of the law, the Judge considers the intention
of the law-giver as his true guide, and gives to all the
parts and expressions of the law, that meaning which will effect,
instead of defeating, its intention. But in laws merely executive,
where no private right stands in the way, and the public object
is the interest of all, a much freer scope of construction, in favor
of the intention of the law, ought to be taken, and ingenuity
ever should be exercised in devising constructions, which may
save to the public the benefit of the law. Its intention is the important
thing: the means of attaining it quite subordinate. It
often happens that, the Legislature prescribing details of execution,
some circumstance arises, unforeseen or unattended to by
them, which would totally frustrate their intention, were their
details scrupulously adhered to, and deemed exclusive of all
others. But constructions must not be favored which go to defeat
instead of furthering the principal object of their law, and to
sacrifice the end to the means. It being as evidently their intention
that the end shall be attained as that it should be effected
by any given means, if both cannot be observed, we are equally
free to deviate from the one as the other, and more rational in
postponing the means to the end. In the present case, the object
of the act of Congress was to relieve the militia at large from the
necessity of leaving their farms and families, to encounter a service
very repugnant to their habits, and to permit that service to
be assumed by others ardently desiring it. Both parties, therefore,
(and they comprehend the whole nation,) would willingly
waive any verbal difficulties, or circumstances of detail, which
might thwart their mutual desires, and would approve all those
views of the subject which facilitate the attainment of their
wishes.
It is further to be considered that the Constitution gives the
executive a general power to carry the laws into execution. If
the present law had enacted that the service of thirty thousand
volunteers should be accepted, without saying anything of the
means, those means would, by the Constitution, have resulted to
the discretion of the executive. So if means specified by an act
are impracticable, the constitutional power remains, and supplies
them. Often the means provided specially are affirmative merely,
and, with the constitutional powers, stand well together; so
that either may be used, or the one supplementary to the other.
This aptitude of means to the end of a law is essentially necessary
for those which are executive; otherwise the objection that
our government is an impracticable one, would really be verified.
With this general view of our duty as executive officers, I proceed
to the questions proposed by you.
1st. Does not the act of Congress contemplate the association
of companies to be formed before commissions can be issued to
the Captains, &c.?
2d. Can battalion or field-officers be appointed by either the
State or Congressional laws, but to battalions or regiments actually
existing?
3d. The organization of the companies into battalions and
regiments belonging to the President, can the Governor of the
State issue commissions to these officers before that organization
is made and announced to him?
4th. Ought not the volunteers tendering their services, under
the act of February 24th, 1807, to be accepted by the President
before the commissions can issue?
Had we no other executive powers but those given in this act,
the first, second, and third questions would present considerable
difficulties, inasmuch as the act of Congress does appear, as you
understand it, to contemplate that the companies are to be associated,
and the battalions, squadrons, regiments, brigades, and
divisions organized, before commissions are to issue. And were
we to stop here the law might stop also; because I verily believe
that it will be the zeal and activity alone of those destined for
commands, which will give form and body to the floating ardor
of our countrymen to enter into this service, and bring their wills
to a point of union and effect. We know from experience that
individuals having the same desires are rarely brought into an
association of them, unless urged by some one assuming an agency,
and that in military associations the person of the officer is a
material inducement. Whether our constitutional powers to
carry the laws into execution, would not authorize the issuing
a previous commission (as they would, had nothing been said
about commissions in the law), is a question not necessary now
to be decided; because they certainly allow us to do what will
be equally effectual. We may issue instructions or warrants to
the persons destined to be captains, &c., authorizing them to
superintend the association of the companies, and to perform the
functions of a captain &c., until commissions may be regularly
issued, when such a commission will be given to the bearer, or
a warrant authorizing the bearer to superintend the organization
of the companies associated in a particular district, into battalions,
squadrons, &c., and otherwise to perform the functions of a
colonel &c., until a commission may regularly issue, when such
a commission will be given to the bearer. This is certainly
within the constitutional powers of the executive, and with such
a warrant, I believe, the person bearing it would act with the
same effect as if he had the commission.
As to the fourth question, the execution of this law having
been transferred to the State executives, I did consider all the
powers necessary for its execution as delegated from the President
to them. Of this I have been so much persuaded that, to
companies offering their services under this law, I have answered
that the power of acceptance was in the Governor, and have
desired them to renew their offer to him. If the delegation of
this power should be expressly made, it is hereby fully delegated.
To the preceding I will add one other observation. As we
might still be disappointed in obtaining the whole number of
11,563, were they apportioned among the several districts, and
each restrained to its precise apportionment (which some might
fail to raise), I think it would better secure the complete object
of the law to accept all proper offers, that the excess of some districts
may supply the deficiencies of others. When the acceptances
are all brought together, the surplus, if any, will be known,
and, if not wanted by the United States, may be rejected; and
in doing this, such principles of selection may be adopted as,
without any imputation of partiality, may secure to us the best
offers. For example, first, we may give a preference to all
those who will agree to become regulars, if desired. This is so
obviously for the public advantage that no one could object to it.
Second, we may give a preference to twelve-month volunteers
over those for six months; and other circumstances of selection
will of course arise from the face of the offers, such as distribution,
geographical position, proportion of cavalry, riflemen, &c.
I have thus, without reserve, expressed my ideas on the
several doubts stated in your letters, and I submit them to your
consideration. They will need it the more, as the season and
other circumstances occasioning the members of the administration
to be in a state of separation at this moment, they go without
the stamp of their aid and approbation. It is our consolation
and encouragement that we are serving a just public, who will be
indulgent to any error committed honestly, and relating merely
to the means of carrying into effect what they have manifestly
willed to be a law.
I salute you with great esteem and respect.
Monticello, August 12, 1807.
Dear Sir,—I return you all the papers received in yours of
the 9th, except Morrison's letter on the subject of Alston, which,
although expressed to be confidential, I send to Mr. Hay under
that injunction, merely for his information, should there be other
bearings on the same point. In my conscience, I have no doubt
as to his participation. To your papers I add some others, particularly
respecting the defence of St. Mary's and Beaufort, that
you may take them into consideration as a part of the general
subject of defence. I sincerely wish this business of levying
duty on Creek goods could be stopped. We have no right to
make them contribute to the support of our government. The
conduct of Captain Isaac is nettling. But what can we do while
we are in the wrong? I wonder we hear nothing from Hawkins
on the subject. I wish Governor Harrison may be able to have
the murder of the Kaskaskian by the Kickapoo settled in the
Indian way. I think it would not be amiss for him to bring
over Decoigne secretly by a douceur, by which he is easily influenced.
I think, too, that if the apprehension of the murderer,
Rea, could be effected by our making up Harrison's reward of
three hundred dollars to one thousand, it would be well laid out.
Both the Indians and our own people want some example of
punishment for the murder of an Indian. With respect to the
prophet, if those who are in danger from him would settle it in
their own way, it would be their affair. But we should do
nothing towards it. That kind of policy is not in the character
of our government, and still less of the paternal spirit we wish to
show towards that people. But could not Harrison gain over
the prophet, who no doubt is a scoundrel, and only needs his
price? The best conduct we can pursue to countervail these
movements among the Indians, is to confirm our friends by redoubled
acts of justice and favor, and to endeavor to draw over
the individuals indisposed towards us. The operations we contemplate,
should there be occasion for them, would have an imposing
effect on their minds, and, if successful, will indeed put
them entirely in our power; if no occasion arises for carrying
these operations into effect, then we shall have time enough to
get the Indian mind to rights. I think it an unlucky time for
Governor Hull to press the purchase of their lands, and hope he
will not press it. That is the only point on which the Indians
feel very sore towards us. If we have war, those lands cannot
now be settled; if peace, any future movement will be more
favorable.
I really believe that matters in the Chesapeake will remain
quiet until further orders from England, and that so soon as you
have set all works of preparation into motion, your visit to your
family and affairs may be safely made. Be so good as to inform
me how I am to address letters which I wish to go to yourself
personally during your absence.
Wishing you a happy meeting with your friends, I salute you
with affection and respect.
Monticello, August 16, 1807.
Dear Sir,—I received yesterday your two letters without date,
on the subjects now to be answered. I do not see any objection
to the appointment of Mr. Cocke, as agent at Martinique. That
of a consul at Mogadore is on more difficult ground. A consul
in Barbary is a diplomatic character; although the title does not
imply that. He receives a salary fixed by the Legislature; being
independent of Simpson, we should have two ministers to the
same sovereign. I should therefore think it better to leave the
port of Mogadore to an agent of Simpson's appointment, and
under his control.
If anything Thrasonic and foolish from Spain could add to
my contempt of that government, it would be the demand of satisfaction
now made by Foronda. However, respect to ourselves
requires that the answer should be decent, and I think it fortunate
that this opportunity is given to make a strong declaration of
facts, to wit, how far our knowledge of Miranda's objects went,
what measures we took to prevent anything further, the negligence
of the Spanish agents to give us earlier notice, the measures
we took for punishing those guilty, and our quiet abandonment
of those taken by the Spaniards. But I would not say a
word in recrimination as to the western intrigues of Spain. I think
that is the snare intended by this protest, to make it a set-off for
the other. As soon as we have all the proofs of the western intrigues,
let us make a remonstrance and demand of satisfaction,
and, if Congress approves, we may in the same instant make reprisals
on the Floridas, until satisfaction for that and for spoliations,
and until a settlement of boundary. I had rather have
war against Spain than not, if we go to war against England.
Our southern defensive force can take the Floridas, volunteers for
a Mexican army will flock to our standard, and rich pabulum
will be offered to our privateers in the plunder of their commerce
and coasts. Probably Cuba would add itself to our confederation.
The paper in answer to Florida should, I think, be drawn
with a view to its being laid before Congress, and published to
the world as our justification against the imputation of participation
in Miranda's projects.
Monticello, August 16, 1807.
Sir,—Your letter of July 28th, came to hand just as I was
about leaving Washington, and it has not been sooner in my
power to acknowledge it. I consider your torpedoes as very valuable
means of the defence of harbors, and have no doubt that
we should adopt them to a considerable degree. Not that I go
the whole length (as I believe you do) of considering them as
solely to be relied on. Neither a nation nor those entrusted with
its affairs, could be justifiable, however sanguine its expectations,
in trusting solely to an engine not yet sufficiently tried, under all
the circumstances which may occur, and against which we know
not as yet what means of parrying may be devised. If, indeed,
the mode of attaching them to the cable of a ship be the only one
proposed, modes of prevention cannot be difficult. But I have
ever looked to the submarine boat as most to be depended on for
attaching them, and though I see no mention of it in your letter,
or your publications, I am in hopes it is not abandoned as impracticable.
I should wish to see a corps of young men trained to
this service. It would belong to the engineers if at hand, but
being nautical, I suppose we must have a corps of naval engineers,
to practise and use them. I do not know whether we have authority
to put any part of our existing naval establishment in a
course of training, but it shall be the subject of a consultation
with the Secretary of the Navy. General Dearborne has informed
you of the urgency of our want of you at New Orleans
for the locks there.
I salute you with great respect and esteem.
Monticello, August 17, 1807.
Dear Sir,—Your favors of the 11th, 12th, and 14th were received
yesterday, being the first day for some days past that the
obstruction of the water-courses has permitted the post to come
through. I now return you the letters of General Matthews and
Captain Hardy; I enclose you also two offers of volunteers from
Montgomery and Fauquier counties, because they are expressly
made under the late act of Congress. I have received a great
number of tenders of service at a moment's warning, which, appearing
to me to have relation merely to the repelling invasion
in the quarter lately violated, and not to intend an absolute engagement
for twelve months, I have only accepted generally and
vaguely, without relation to the Volunteer Act.
Your letter mentioning the calling into service near the Capes,
a company of Infantry, I enclosed to the Secretary at War for
his information and opinion, and received his answer yesterday.
Your observations satisfy him that Infantry alone can be effectual
in that station, and induce him to think that the company of Infantry
should be a substitute for that of Cavalry, and that the
latter should be discharged. To the weight of his opinion and
advice, as the head of the department, is added the apparent fact
that the British squadron means to be quiet till orders from England,
an intention much strengthened by the complexion of
Captain Hardy's letter now returned. The duty therefore of
husbanding our resources for the moment of real want, requires
that I should approve his opinion, and recommend the discharge
of the troop of Cavalry. The company of Infantry will be as
vigilant as they can to cut off supplies from the squadron, according
to the proclamation; and it is proper that a daily express
from the station of the company to the Norfolk Post Office should
be established under your Excellency's direction. I salute you
with great esteem and respect.
Monticello, August 18, 1807.
Dear Sir,—Yours of the 14th and 15th were received yesterday.
The former is now returned. I shall, in answer to Mr.
Nicholas, say that we cannot lend arms but to volunteers
training for immediate service, and that as to a deposit in his
neighborhood, we shall in due time take up that subject generally,
when just attention will be paid to that section of our country.
Our separation at this time having been agreed on, I supposed it
equally settled as to yourself that you also would take a recess as
soon as the affairs of your office would permit; and that no further
approbation on my part could be wanting. However, if it
were, I hope you considered my letter of the 12th as expressing
it fully, so as not to permit yourself to be detained for anything
further. Wishing you a pleasant journey and happy meeting
with your family, I salute you with affection.
Monticello, August 18, 1807.
Dear Sir,—I return you the papers received yesterday. Mr.
Erskine complains of a want of communication between the
British armed vessels in the Chesapeake, or off the coast. If, by
off the coast, he means those which, being generally in our waters,
go occasionally out of them to cruize or to acquire a title to communicate
with their consul, it is too poor an evasion for him to
expect us to be the dupes of. If vessels off the coast, and having
never violated the proclamation, wish to communicate with their
consul, they may send in by any vessel, without a flag. He gives
a proof of their readiness to restore deserters, from an instance of
the Chichester lying along-side a wharf at Norfolk. It would
have been as applicable if Captain Stopfield and his men had
been in a tavern at Norfolk. All this, too, a British sergeant is
ready to swear to; and further, that he saw British deserters enlisted
in their British uniform, by our officer. As this fact is probably
false, and can easily be inquired into, names being given,
and as the story of the Chichester can be ascertained by Captain
Saunders, suppose you send a copy of the paper to the Secretary of
the Navy, and recommend to him having an inquiry made. We
ought gladly to procure evidence to hang the privates, if no objection
or difficulty occur from the place of trial. If the Driver
is the scene of trial, where is she? if in our waters, we can have
no communication with her, if out of them, it may be inconvenient
to send the witnesses. Although there is neither candor nor
dignity in soliciting the victualling the Columbine for four
months for a voyage of ten days, yet I think you had better give
the permission. It is not by these huckstering manœuvres that
the great national question is to be settled. I salute you affectionately.
Monticello, August 18, 1807.
Dear Sir,—Your favor of the 2d did not reach me till yesterday.
That from General Hall, communicating the patriotic resolutions
of the county of Ontario, was received the day before.
Considering war as one of the alternatives which Congress may
adopt on the failure of proper satisfaction for the outrages committed
on us by Great Britain, I have thought it my duty to put
into train every preparation for that which the executive powers,
and the interval left for their exercise, will admit of.
Whenever militia take the field of actual service, the deficiencies
of their arms are of course supplied from the public magazines,
and the law also permits us to lend arms to volunteers engaged,
and training for immediate service. In no case is the
loan of arms to militia, remaining at home, permitted or practiced.
The establishment of deposits of arms, to be resorted to when
occasion presses, is within the executive direction. A distribution
of these deposits, wherever there may be occasion, and in
proportion to the probable occasion, either defensive or offensive
is one of the branches of preparation which circumstances call
on us to make. It will be done in due time; and although nothing
specific can now be said, yet I may safely assure you, that
whenever we proceed to settle the general arrangement, the section
of country which is the subject of your letter, shall receive
a just portion of our attention and provisions.
I learn with particular satisfaction that volunteers will be readily
engaged on that part of our frontier. It is a quarter in which
they will be particularly useful. I presume that, in consequence
of the call on the several States, the Governor will have put the
engagement of volunteers into such a course as will avail us of
the favorable disposition which prevails towards that service. I
salute you with great esteem and respect.
August 19, 1807.
I suppose Mr. Gamble should be told that his opinion in favor
of the appointment of a Consul General for the Danish islands
being founded on the supposition of a war with England, the
executive cannot at present act on that ground. It would seem
indeed, that in the event of war, our agent or agents in those
islands would be very important persons, and should therefore be
chosen with care. I presume it would become the best office in
the gift of the United States.
It will be very difficult to answer Mr. Erskine's demand respecting
the water casks in the tone proper for such a demand.
I have heard of one who, having broke his cane over the head of
another, demanded payment for his cane. This demand might
well enough have made part of an offer to pay the damages done
to the Chesapeake, and to deliver up the authors of the murders
committed on board her. I return you the papers received yesterday.
The Governor has enclosed me a letter from General
Mathews of August 13th, mentioning the recent arrival of a ship
in the Chesapeake, bearing the flag of a Vice-Admiral; from
whence he concludes that Barclay is arrived. I salute you affectionately.
Monticello, August 19, 1807.
Dear Sir,—I return you the papers received in your letter of
the 16th. The Secretary of State communicated to me yesterday
a letter from Mr. Erskine, containing assurances from Governor
Thomas Hardy, that he should carefully abstain from acts of
violence unless he received orders from his superiors. Although
Barclay's character does not give the same confidence, yet I see
no reason to doubt that matters will continue, in the Chesapeake,
in their present train until they receive orders from their government.
I salute you with esteem and respect.
Monticello, August 19, 1807.
Dear Sir,—Your letters of August 11th, 12th, 13th, had been
before acknowledged, and in mine of this morning I acknowledged
yours of the 16th, and returned the papers enclosed in it.
Since writing that, I have received another letter of yours of
August 11th, which, by an error of the Post Office, had been
sent to a wrong office. I now enclose the papers received in
that. They call but for one observation, which is, that the mode
of communication by flag, as before directed, must be adhered to.
Although credit and indulgence is due to the liberality of Governor
T. Hardy, yet armed vessels remaining within our jurisdiction in
defiance of the authority of the laws, must be viewed either as
rebels, or public enemies. The latter character, it is most expedient
to ascribe to them; the laws of intercourse with persons
of that description are fixed and known. If we relinquish them
we shall have a new code to settle with those individual offenders,
with whom self respect forbids any intercourse but merely
for purposes of humanity. A letter which I wrote to the Secretary
of State on the 17th, expressed my opinion that we should
not higgle with the Columbine as to the quantity of supplies,
but let her have what she wants.
These small distresses contribute nothing to the bringing an
enemy to reason. It should not be till an abuse of this liberality
has taken place, that we should be rigorous in the quantum
of supplies. I salute you with great esteem and respect.
Monticello, August 20, 1807.
Dear Sir,—Mr. Appleton, the writer of the enclosed letter,
was well known to me at Paris, but not as a man of business.
He was young, handsome, and devoted to pleasant pursuits.
He is now probably forty-five, and has since been in business,
but with what qualifications or success I know not. He was
our consul at Calais, his brother is our consul at Leghorn, and
his father is (if living) a respectable merchant at Boston. All
this leaves still room for inquiry whether he is fit for your agent.
While on the subject, if you should be on the look-out, it may be
worth your while to inquire after a Colonel Dowse, (of the
same town with Fisher Ames.) He is a scientific navigator,
has made voyages to the East Indies, is a sensible and most upright
man, a little too much wrapt up in religious reveries. He
has been most firm in his republicanism through all the storms
and trials which those sentiments have been exposed to in that
State. I write all this from my own knowledge of him; but I
do not know he would accept the place and quit the retirement
in which he has now been several years.
I enclose you the copy of a letter I wrote Mr. Fulton. I wait
his answer as to the submarine boat, before I make you the proposition
in form. The very name of a corps of submarine engineers
would be a defence. Mr. Nicholas and his family left
this neighborhood in health the day I arrived in it. We do not
give up the hope of seeing Mrs. Smith and yourself here. I
salute you with affection and respect.
Monticello, August 20, 1807.
Dear Sir,—On the death of Imlay, loan officer of Connecticut,
Jonathan Bull (Judge Bull) is well recommended as his successor
by a number of republicans, and by Mr. Wolcott, in a
special letter. A Ralph Pomeroy, of Hartford, solicits it for himself,
but sends no recommendations. Those of Bull would leave
me with little doubt of the propriety of his nomination; but as
you can so conveniently make inquiry respecting him, I will
pray you to do it, and to communicate the result to me with as
little delay as convenient, in order to preclude other solicitations.
All my information from the Capes of Chesapeake, confirms the
opinion that the present quiet train of things there is to be continued
till further orders. The interdicted officers are extremely
averse to our mode of communication by flag. But being considered
as enemies rather than rebels, while here in defiance, no
other communication will be allowed. Burr's trial goes on to
the astonishment of all, as to the manner of conducting it. I
salute you with affection and respect.
Monticello, August 20, 1807.
Your letter to Dayton I think perfectly right, unless, perhaps,
the expression of personal sympathy in the first page might be
misconstrued, and, coupled with the circumstance that we had
not yet instituted a prosecution against him, although possessed
of evidence. Poor Yznardi seems to have been worked up into
distraction by the persecutions of Meade. I enclose you a letter
I have received from him. Also one from Warden, attested by
Armstrong, by which you will see that the feuds there are not
subsiding.
By yesterday's, or this day's mails, you will have received the
information that Bonaparte has annihilated the allied armies.
The result will doubtless be peace on the continent, an army
despatched through Persia to India, and the main army brought
back to their former position on the channel. This will oblige
England to withdraw everything home, and leave us an open
field. An account, apparently worthy of credit, in the Albany
paper, is, that the British are withdrawing all their cannon and
magazines from Upper Canada to Quebec, considering the former
not tenable, and the latter their only fast-hold.
I salute you with sincere affection.
P. S. I had forgotten to express my opinion that deserters
ought never to be enlisted; but I think you may go further and
say to Erskine, that if ever such a practise has prevailed, it has
been without the knowledge of the Government, and would
have been forbidden, if known, and if any examples of it have
existed, (which is doubted,) they must have been few, or they
would have become known. The case presented from the Chichester,
if true, does not prove the contrary, as the persons there
said to have been enlisted are believed to have been American
citizens, who, whether impressed or enlisted into the British service,
were equally right in returning to the duties they owed to
their own country.
Monticello, August 20, 1807.
Dear Sir,—Colonel Newton's inquiries are easily solved, I
think, by application of the principles we have assumed. 1. The
interdicted ships are enemies. Should they be forced, by stress
of weather, to run up into safer harbors, we are to act towards
them as we would towards enemies in regular war, in like case.
Permit no intercourse, no supplies; and if they land, kill or
capture them as enemies. If they lie still, Decatur has orders
not to attack them without stating the case to me, and awaiting
instructions. But if they attempt to enter Elizabeth river, he is
to attack them without waiting for instructions. 2. Other armed
vessels, putting in from sea in distress, are friends. They must
report themselves to the collector, he assigns them their station,
and regulates their repairs, supplies, intercourse and stay. Not
needing flags, they are under the direction of the collector alone,
who should be reasonably liberal as to their repairs and supplies,
furnishing them for a voyage to any of their American ports; but
I think with him their crews should be kept on board, and that
they should not enter Elizabeth river.
I remember Mr. Gallatin expressed an opinion that our negotiations
with England should not be laid before Congress at their
meeting, but reserved to be communicated all together with the
answer they should send us, whenever received. I am not of
this opinion. I think, on the meeting of Congress, we should lay
before them everything that has passed to that day, and place
them on the same ground of information we are on ourselves.
They will then have time to bring their minds to the same state
of things with ours, and when the answer arrives, we shall all
view it from the same position. I think, therefore, you should
order the whole of the negotiation to be prepared in two copies.
I salute you affectionately.
Monticello, August 20, 1807.
Dear Sir,—I received yesterday your favor of the 11th. An
error of the post office had occasioned the delay. Before an impartial
jury, Burr's conduct would convict himself, were not one
word of testimony to be offered against him. But to what a
state will our law be reduced by party feelings in those who administer
it? Why do not Blannerhassett, Dayton, &c., demand
private and comfortable lodgings? In a country where an equal
application of law to every condition of man is fundamental,
how could it be denied to them? How can it ever be denied to
the most degraded malefactor? The enclosed letter of James
Morrison, covering a copy of one from Alston to Blannerhassett,
came to hand yesterday. I enclose them, because it is proper
all these papers should be in one deposit, and because you should
know the case and all its bearings, that you may understand
whatever turns up in the cause. Whether the opinion of the
letter writer is sound, may be doubted. For, however these, and
other circumstances which have come to us, may induce us to
believe that the bouncing letter he published, and the insolent
one he wrote to me, were intended as blinds, yet they are not
sufficient for legal conviction. Blannerhassett and his wife could
possibly tell us enough. I commiserate the suffering you have
to go through in such a season, and salute you with great esteem
and respect.
Monticello, August 28, 1807.
Dear Sir,—I had had the letter of Mr. Jouett of July 6th
from Chicago, and that from Governor Hull, of July 14th, from
Detroit, under consideration some days, when the day before
yesterday I received that of the Governor of July 25th.
While it appeared that the workings among the Indians of
that neighborhood proceeded from their prophet chiefly, and that
his endeavors were directed to the restoring them to their ancient
mode of life, to the feeding and clothing themselves with the
produce of the chase, and refusing all those articles of meat,
drink, and clothing, which they can only obtain from the whites,
and are now rendered necessary by habit, I thought it a transient
enthusiasm, which, if let alone, would evaporate innocently of
itself; although visibly tinctured with a partiality against the
United States. But the letters and documents now enclosed give
to the state of things there a more serious aspect; and the visit
of the Governor of Upper Canada, and assembling of the Indians
by him, indicate the object to which these movements are
to point. I think, therefore, we can no longer leave them to
their own course, but that we should immediately prepare for
war in that quarter, and at the same time redouble our efforts for
peace.
I propose, therefore, that the Governors of Michigan, Ohio,
and Indiana, be instructed immediately to have designated, according
to law, such proportions of their militia as you shall
think advisable, to be ready for service at a moment's warning,
recommending to them to prefer volunteers as far as they can be
obtained, and of that description fitted for Indian service.
That sufficient stores of arms, ammunition and provision, be
deposited in convenient places for any expedition which it may
be necessary to undertake in that quarter, and for the defence of
the posts and settlements there; and that the object of these preparations
be openly declared, as well to let the Indians understand
the danger they are bringing on themselves, as to lull the
suspicion of any other object.
That at the same time, and while these preparations for war
are openly going on, Governors Hull and Harrison be instructed
to have interviews by themselves or well-chosen agents, with
the chiefs of the several tribes in that quarter, to recall to their
minds the paternal policy pursued towards them by the United
States, and still meant to be pursued. That we never wished to
do them an injury, but on the contrary, to give them all the assistance
in our power towards improving their condition, and enabling
them to support themselves and their families; that a misunderstanding
having arisen between the United States and the
English, war may possibly ensue. That in this war it is our
wish the Indians should be quiet spectators, not wasting their
blood in quarrels which do not concern them; that we are strong
enough to fight our own battles, and therefore ask no help; and
if the English should ask theirs, it should convince them that it
proceeds from a sense of their own weakness which would not
augur success in the end; that at the same time, as we have
learnt that some tribes are already expressing intentions hostile
to the United States, we think it proper to apprize them of the
ground on which they now stand; for which purpose we make
to them this solemn declaration of our unalterable determination,
that we wish them to live in peace with all nations as well as
with us, and we have no intention ever to strike them or to do
them an injury of any sort, unless first attacked or threatened;
but that learning that some of them meditate war on us, we too
are preparing for war against those, and those only who shall
seek it; and that if ever we are constrained to lift the hatchet
against any tribe, we will never lay it down till that tribe is exterminated,
or driven beyond the Mississippi. Adjuring them,
therefore, if they wish to remain on the land which covers the
bones of their fathers, to keep the peace with a people who ask
their friendship without needing it, who wish to avoid war without
fearing it. In war, they will kill some of us; we shall destroy
all of them. Let them then continue quiet at home, take care
of their women and children, and remove from among them the
agents of any nation persuading them to war, and let them declare
to us explicitly and categorically that they will do this: in
which case, they will have nothing to fear from the preparations
we are now unwillingly making to secure our own safety?
These ideas may form the substance of speeches to be made
to them, only varying therein according to the particular circumstances
and dispositions of particular tribes; softening them
to some, and strengthening them as to others. I presume, too,
that such presents as would show a friendly liberality should at
the same time be made to those who unequivocally manifest intentions
to remain friends; and as to those who indicate contrary
intentions, the preparations made should immediately look towards
them; and it will be a subject for consideration whether,
on satisfactory evidence that any tribe means to strike us, we
shall not anticipate by giving them the first blow, before matters
between us and England are so far advanced as that their
troops or subjects should dare to join the Indians against us. It
will make a powerful impression on the Indians, if those who
spur them on to war, see them destroyed without yielding them
any aid. To decide on this, the Governors of Michigan and Indiana
should give us weekly information, and the Postmaster
General should immediately put the line of posts to Detroit into
the most rapid motion. Attention, too, is requisite to the safety
of the post at Michillimacinac.
I send this letter open to the Secretary of State, with a desire
that, with the documents, it may be forwarded to the Secretary
of the Navy, at Baltimore, the Attorney General, at Wilmington,
the Secretary of the Treasury, at New York, and finally to yourself;
that it may be considered only as the origination of a proposition
to which I wish each of them to propose such amendments
as their judgment shall approve, to be addressed to yourself;
and that from all our opinions you will make up a general
one, and act on it without waiting to refer it back to me.
I salute you with great affection and respect.
Monticello, August 30, 1807.
Dear Sir,—There can be no doubt that Fronda's claim for
the money advanced to Lieutenant Pike should be repaid, and
while his application to yourself is the proper one, we must attend
to the moneys being drawn from the proper fund, which is
that of the war department. I presume, therefore, it will be necessary
for you to apply to General Dearborne to furnish the money.
Will it not be proper to rebut Fronda's charge of this
government sending a spy to Santa Fé, by saying that this government
has never employed a spy in any case, and that Pike's
mission was to ascend the Arkansas and descend the Red river
for the purpose of ascertaining their geography; that, as far as we
are yet informed, he entered the waters of the North river, believing
them to be those of the Red river; and that, however
certain we are of a right extending to the North river, and participating
of its navigation with Spain, yet Pike's voyage was
not intended as an exercise of that right, which we notice here,
merely because he had chosen to deny it; a question to be settled
in another way.
From the present state of the tranquillity in the Chesapeake,
and the probability of its continuance, I begin to think the daily
mail may soon be discontinued, and an extra mail once a week
substituted, to leave Fredericksburg Sunday morning, and Milton
Wednesday morning. This will give us two mails a week.
I should propose this change for September 9th, which is the
day I set out for Bedford, and will exactly close one month of
daily mail. What do you think of it? Affectionate salutations.
Monticello, August 31, 1807.
Dear Sir,—Mr. Madison will have written to you on the
subject of a demand of $1,000 furnished to Lieut Pike, to be repaid
to Fronda, which of course must come out of the military
fund.
I enclose you an application from Mr. Graham for a commission
in the army for a Mr. Lithgow, relation of Mr. Henderson,
who solicits it, and who, I think, has a just claim for the gratification.
I enclose you also a letter from Captain Brent to Mr. Coles
on the subject of their commissions. They presented to me a
list of names engaged, and of the officers they had chosen. I do
not remember the words of my answer; but the idea meant to
be expressed was only that the officers should be commissioned.
I had no idea of fixing a date for them before they should have
raised what could be accepted as a troop. They seem to have
understood the date of my acceptance as the proper date of their
commissions. I told Mr. Coles I would consult you; and that
my own idea was to inquire what was the smallest number ever
admitted as a troop or company, and let their commissions have
the date of the day on which they had engaged that number.
This may be the subject of conversation when we meet.
I send you a paper on the defence of the mouth of the Chesapeake.
We never expect from the writer a detailed, well-digested
and practicable plan; but good ideas and susceptible of
improvement sometimes escape from him. The first question is,
whether works on the shore of Lynhaven may not be constructed
for dislodging an enemy from that bay by throwing bombs?
and whether they can lie there in safety out of the reach of
bombs? There is no other place where they can lie in safety
so near the Capes, not to be in danger of being intercepted by
gun-boats, and attacked with the advantage of weather. 2d.
May not artificial harbors be made on the middle grounds and
Horseshoe for the reception of gun boats, with cavaliers for the
discharge of bombs? and will not these two points and Lynhaven
thus command all the mouth of the bay? To answer
these questions will require an accurate survey of the whole
field, which, if we have not, we should direct to be made. It
is an important fact that the middle grounds have been seen
bare; and that both these and the Horseshoe are always shoal.
Cannot cassoons filled with stone, and of the shape of truncated
wedges, be sunk there in close order so as to enclose a harbor
for gun-boats, of such a height as that the sea shall not go over
it in the highest tides, and of base proportioned to the height
and sufficient to resist the force of the water? The nearest
stone is up James river above the Hundred, and up York river
above West Point, from whence however it can be brought in
ships of size. At New York, they calculate on depositing their
stone for from 4 to 5 cents the cubic foot. If it costs the double
here, the amount would not be disproportioned to the object, if
we consider what a vast extent of coast on the Chesapeake and
its waters will otherwise be depredated or secured by works and
troops in detail. I throw out these thoughts now that they may
be under your consideration, while making up the general statement
of defensive works for the sea coast. Present my respects
to Mrs. Dearborne, and accept my affectionate salutations.
Monticello, September 1, 1807.
Dear Sir,—I think with you we had better send to Algiers
some of the losing articles in order to secure peace there while
it is uncertain elsewhere. While war with England is probable,
everything leading to it with every other nation should be avoided,
except with Spain. As to her, I think it the precise moment
when we should declare to the French government that
we will instantly seize on the Floridas as reprisal for the spoliations
denied us, and, that if by a given day they are paid to
us, we will restore all east of the Perdido, and hold the rest subject
to amicable discussion. Otherwise, we will hold them forever
as compensation for the spoliations. This to be a subject
of consideration when we assemble.
One reason for suggesting the discontinuance of the daily post
was, that it is not kept up by contract, but at the expense of the
United States. But the principal reason was to avoid giving
ground for clamor. The general idea is, that those who receive
annual compensations should be constantly at their posts. Our
constituents might not in the first moment consider 1st, that we
all have property to take care of, which we cannot abandon for
temporary salaries; 2d, that we have health to take care of, which
at this season cannot be preserved at Washington; 3d, that while
at our separate homes our public duties are fully executed, and
at much greater personal labor than while we are together when
a short conference saves a long letter. I am aware that in the
present crisis some incident might turn up where a day's delay
might infinitely overweigh a month's expense of the daily post.
Affectionate salutations.
Monticello, September 1, 1807.
Dear Sir,—Your favor of the 9th is received, and with it the
copy of Dr. Priestley's Memoirs, for which I return you many
thanks. I shall read them with great pleasure, as I revered the
character of no man living more than his. With another part
of your letter I am sensibly affected. I have not here my correspondence
with Governor McKean to turn to, but I have no
reason to doubt that the particular letter referred to may have
been silent on the subject of your appointment as stated. The
facts are these: The opinion I have ever entertained, and still entertain
as strongly as ever, of your abilities and integrity, was
such as made it my wish, from the moment I came to the administration,
that you should be employed in some public way.
On a review, however, of all circumstances, it appeared to me
that the State of Pennsylvania had occasions for your service,
which would be more acceptable than any others to yourself
because they would leave you in the enjoyment of the society
of Dr. Priestley, to which your attachment was known. I therefore
expressed my solicitude respecting you to Governor McKean,
whose desires to serve yourself and the public by employing you
I knew to be great, and of course that you were an object of
mutual concern, and I received his information of having found
employment for your talents with the sincerest pleasure. But
pressed as I am perpetually by an overflow of business, and
adopting from necessity the rule of never answering any letter,
or part of a letter, which can do without answer, in replying to
his which related to other subjects, I probably said nothing on
that, because my former letter had sufficiently manifested how
pleasing the circumstance must be to me, and my time and practice
did not permit me to be repeating things already said. This
is a candid statement of that incident, and I hope you will see
in it a silence accounted for on grounds far different from that
of a continuance of my estimation and good wishes, which have
experienced no change. With respect to the schism among the
republicans in your State, I have ever declared to both parties
that I consider the general government as bound to take no part
in it, and I have carefully kept both my judgment, my affections,
and my conduct, clear of all bias to either. It is true, as
you have heard, that a distance has taken place between Mr.
Clay and myself. The cause I never could learn nor imagine.
I had always known him to be an able man, and I believed him
an honest one. I had looked to his coming into Congress with
an entire belief that he would be cordial with the administration,
and even before that I had always had him in my mind for a
high and important vacancy which had been from time to time
expected, but is only now about to take place. I feel his loss
therefore with real concern, but it is irremediable from the necessity
of harmony and cordiality between those who are to
manage together the public concerns. Not only his withdrawing
from the usual civilities of intercourse with me, (which even the
federalists with two or three exceptions keep up,) but his open
hostility in Congress to the administration, leave no doubt of the
state of his mind as a fact, although the cause be unknown. Be
so good as to communicate my respects to Mr. Priestley, and to
accept yourself my friendly salutations, and assurances of unaltered
esteem.
Monticello, September 2, 1807.
Dear Sir,—My letter of August 28th, on the dispositions of
the Indians, was to go the rounds of all our brethren, and to be
finally sent to you with their separate opinions. I think it probable,
therefore, that the enclosed extract of a letter from a priest
at Detroit to Bishop Carroll, may reach you as soon, or sooner,
than that. I therefore forward it, because it throws rather a different
light on the dispositions of the Indians from that given by
Hull and Dunham. I do not think, however, that it ought to
slacken our operations, because those proposed are all precautionary.
But it ought absolutely to stop our negotiations for land
otherwise the Indians will think that these preparations are
meant to intimidate them into a sale of their lands, an idea which
would be most pernicious, and would poison all our professions
of friendship to them. The immediate acquisition of the land is
of less consequence to us than their friendship and a thorough
confidence in our justice. We had better let the purchase lie till
they are in better temper. I salute you with affection and
respect.
Monticello, September 3.
Dear Sir,—Your letters of August 23d, 27th, 29th, and 30th,
have all been received; the two last came yesterday. I observe
that the merchants of New York and Philadelphia think that notice
of our present crisis with England should be sent to the
Straits of Sunda by a public ship, but that such a vessel going
to Calcutta, or into the Bay of Bengal, would give injurious
alarm; while those of Baltimore think such a vessel going to the
Straits of Sunda would have the same effect. Your proposition,
very happily in my opinion, avoids the objections of all parties;
will do what some think useful and none think injurious. I
therefore approve of it. To wit, that by some of the private
vessels now going, instruction from the department of State be
sent to our Consul at the Isle of France, to take proper measures
to advise all our returning vessels, as far as he can, to be on their
guard against the English, and that we now appoint and send a
Consul to Batavia, to give the same notice to our vessels returning
through the Straits of Sunda. For this purpose I sign a blank
sheet of paper, over which signature the Secretary of State will
have a consular commission written, leaving a blank for the name
to be filled up by yourself with the name of such discreet and
proper person as shall be willing to go. If he does not mean to
reside there as Consul, we must bear his expenses out and in, and
compensate his time. I presume you will receive this commission,
and the papers you sent me through the Secretary of
State, on the 8th.
I approve of the orders you gave for intercepting the pirates,
and that they were given as the occasion required, without
waiting to consult me, which would have defeated the object. I
am very glad indeed that the piratical vessel and some of the
crew have been taken, and hope the whole will be taken; and
that this has been done by the militia. It will contribute to show
the expediency of an organized naval militia.
I send you the extract of a letter I lately wrote to General
Dearborne on the defence of the Chesapeake. Your situation
will better enable you to make inquiries into the practicability of
the plan than he can. If practicable, it is all-important.
I do not see the probability of receiving from Great Britain
reparation for the wrong committed on the Chesapeake, and
future security for our seamen, in the same favorable light with
Mr. Gallatin and yourself. If indeed the consequence of the
battle of Friedland can be to exclude her from the Baltic, she may
temporize with us. But if peace among the continental powers
of Europe should leave her free in her intercourse with the powers
who will then be neutral, the present ministry, perhaps no
ministry which can now be formed, will not in my opinion give
us the necessary assurance respecting our flag. In that case, it
must bring on a war soon, and if so, it can never be in a better
time for us. I look to this, therefore, as most probably now to take
place, although I do most sincerely wish that a just and sufficient
security may be given us, and such an interruption of our property
avoided. I salute you with affection and respect.
Monticello, September 3, 1807.
Dear Sir,—Mr. Smith's letter of August 29th and the papers
it enclosed, and which are now re-enclosed, will explain to you
the necessity of my confirming his proposition as to the means
of apprizing our East India commerce of their danger, without
waiting for further opinions on the subject. You will see that
it throws on you the immediate burden of giving the necessary
instructions with as little delay as possible, lest the occasion by
the vessels now sailing should be lost. Be so good as to return
me his two letters, and to seal and forward on to him mine, and
the other papers. Affectionate salutations.
Monticello, September 3, 1807.
Dear Sir,—After writing to Mr. Smith my letter of yesterday,
by the post of that day, I received one from him now enclosed,
and covering a letter from Mr. Crownenshield on the subject of
notifying our East India trade. To this I have written the answer
herein, which I have left open for your perusal, with
Crownenshield's letter, praying that you will seal and forward
them immediately, with any considerations of your own, addressed
to Mr. Smith, which may aid him in the decision I refer
to him. I do not give to the newspaper and parliamentary
scraps the same importance you do. I think they all refer to the
convention of limits sent us in the form of a project, brought forward
only as a sop of the moment for Parliament and the public.
Nothing but an exclusion of Great Britain from the Baltic will
dispose her to peace with us, and to defer her policy of subsisting
her navy by the general plunder of nations.
Washington, September 4, 1807.
Dear Sir,—I had written to you yesterday on the subject of
notifying our East India trade, in answer to yours of the 29th
of August, and approving your proposition of giving the notice to
our trade beyond the Straits of Sunda, by a consul specially sent
to Batavia, and to that on this side by our consul at the Isle of
France. Since writing that letter, I have received yours of the
31st, covering Mr. Crownenshield's. This letter shows a great
and intimate knowledge of the subject, and points out so many
various circumstances which may require a variation in the course
to be pursued, that it confirms me in the opinion that it must be
confided to the discretion of a well-chosen agent, governing himself
by circumstances as they may occur. I think it possible,
however, from Mr. Crownenshield's letter, that we may not have
done the best in our power for notifying Madras, and the other
ports in the bay of Bengal. I refer it to yourself, therefore, to
decide on the advice you can so readily get at Baltimore, whether
we should not despatch a third person, with instructions to procure
himself a passage in any private vessel which may be going
from this country to any port in the bay of Bengal, or to any
other port from which he can probably get a passage to some
port in the bay of Bengal, and from whence he can notify the
other ports in the same bay, either by personally visiting them or
by writing. Such a person should carry with him your commission
as an agent of the navy, to obtain credence by secretly
exhibiting that to those he should notify. I return you Mr.
Crownenshield's and Mr. Gallatin's letters. I shall be absent
from this place from the 9th to the 16th inst. Mr. Madison will
be with me to-morrow, on a visit of some days. I salute you
with affection and respect.
Monticello, September 4, 1807.
Dear Sir,—Yours of the 1st came to hand yesterday. The
event has been * * * * *
that is to say, not only to clear Burr, but to prevent the evidence
from ever going before the world. But this latter case
must not take place. It is now, therefore, more than ever indispensable,
that not a single witness be paid or permitted to depart
until his testimony has been committed to writing, either as delivered
in court, or as taken by yourself in the presence of any
of Burr's counsel, who may choose to attend to cross-examine.
These whole proceedings will be laid before Congress, that they
may decide, whether the defect has been in the evidence of guilt,
or in the law, or in the application of the law, and that they may
provide the proper remedy for the past and the future. I must pray
you also to have an authentic copy of the record made out (without
saying for what) and to send it to me; if the Judge's opinions
make out a part of it, then I must ask a copy of them,
either under his hand, if he delivers one signed, or duly proved
by affidavit.
The criminal is preserved to become the rallying point of all
the disaffected and the worthless of the United States, and to be
the pivot on which all the intrigues and the conspiracies which
foreign governments may wish to disturb us with, are to turn.
If he is convicted of the misdemeanor, the Judge must in decency
give us respite by some short confinement of him; but we must
expect it to be very short. Be assured yourself, and communicate
the same assurance to your colleagues, that your and their
zeal and abilities have been displayed in this affair to my entire
satisfaction and your own honor.
I salute you with great esteem and respect.
Monticello, September 6, 1807.
Dear Sir,—I enclose you the letters of Mr. Granger and Mr.
J. Nicholas, by the latter of which you will see that an Indian
rupture in the neighborhood of Detroit becomes more probable,
if it has not already taken place. I see in it no cause for changing
the opinion given in mine of August 28, but on the contrary,
strong reason for hastening the measures therein recommended.
We must make ever memorable examples of the tribe or tribes
which shall have taken up the hatchet.
I salute you with affection and respect.
Monticello, September 6, 1807.
Dear Sir,—I received last night your favor of August 29, and
with it a model of a contrivance for making one gun-boat do
nearly double execution. It has all the ingenuity and simplicity
which generally mark your inventions. I am not nautical enough
to judge whether two guns may be too heavy for the bow of a
gun-boat, or whether any other objection will countervail the
advantage it offers, and which I see visibly enough. I send it
this day to the Secretary of the Navy, within whose department
it lies to try and to judge it. Believing, myself, that gun-boats
are the only water defence which can be useful to us, and protect
us from the ruinous folly of a navy, I am pleased with everything
which promises to improve them.
The battle of Friedland, armistice with Russia, conquest of
Prussia, will be working on the British stomach when they will
receive information of the outrage they have committed on us.
Yet, having entered on the policy proposed by their champion
"war in disguise," of making the property of all nations lawful
plunder to support a navy which their own resources cannot support,
I doubt if they will readily relinquish it. That war with us
had been predetermined may be fairly inferred from the diction of
Berkley's order, the Jesuitism of which proves it ministerial from
its being so timed as to find us in the midst of Burr's rebellion
as they expected, from the contemporaneousness of the Indian
excitements, and of the wide and sudden spread of their maritime
spoliations. I salute you with great esteem and respect.
Monticello, September 7, 1807.
Sir,—Understanding that it is thought important that a letter
of November 12, 1806, from General Wilkinson to myself, should
be produced in evidence on the charges against Burr, depending
in the District Court now sitting in Richmond, I send you a
copy of it, omitting only certain passages, the nature of which is
explained in the certificate subjoined to the letter. As the Attorney
for the United States, be pleased to submit the copy and certificate
to the uses of the Court. I salute you with great esteem
and respect.
P. S. On re-examination of a letter of November 12, 1806,
from General Wilkinson to myself, (which having been for a
considerable time out of my possession, and now returned to me,)
I find in it some passages entirely confidential, given for my information
in the discharge of my executive functions, and which
my duties and the public interest forbid me to make public. I
have therefore given above a correct copy of all those parts
which I ought to permit to be made public. Those not communicated
are in nowise material for the purposes of justice on the
charges of treason or misdemeanor depending against Aaron
Burr; they are on subjects irrelevant to any issues which can
arise out of those charges, and could contribute nothing towards
his acquittal or conviction. The papers mentioned in the 1st
and 3d paragraphs, as enclosed in the letters, being separated
therefrom, and not in my possession, I am unable, from memory,
to say what they were. I presume they are in the hands of the
attorney for the United States. Given under my hand this 7th
day of September, 1807.
Monticello, September 7, 1807.
Dear Sir,—I now return you Major Newton's letters. The
intention of the squadron in the bay is so manifestly pacific, that
your instructions to him are perfectly proper, not to molest their
boats merely for approaching the shore. While they are giving
up slaves and citizen seamen, and attempting nothing ashore, it
would not be well to stop this by any new restriction. If they
come ashore indeed, they must be captured, or destroyed if they
cannot be captured, because we mean to enforce the proclamation
rigorously in preventing supplies. So the instructions already
given as to intercourse by flag, as to sealed and unsealed
letters, must be strictly adhered to. It is so material that the seaport
towns should have artillery militia duly trained, that I think
you have done well to permit Captain Nestell's company to have
powder and ball to exercise. With respect to gun-carriages, furnaces
and clothes, I am so little familiar with the details of the
War department that I must beg those subjects to lie till the return
of the Secretary at War, which will be in three weeks. Proposing
to be absent from this place from the 9th to the 16th
instant, our daily post will be suspended during that interval. I
salute you with great esteem and respect.
Monticello, September 7, 1807.
Dear Sir,—I received, late last night, your favor of the day
before, and now re-enclose you the subpœna. As I do not believe
that the district courts have a power of commanding the
executive government to abandon superior duties and attend on
them, at whatever distance, I am unwilling, by any notice of the
subpœna, to set a precedent which might sanction a proceeding
so preposterous. I enclose you, therefore, a letter, public and for
the court, covering substantially all they ought to desire. If the
papers which were enclosed in Wilkinson's letter may, in your
judgment, be communicated without injury, you will be pleased
to communicate them. I return you the original letter.
I am happy in having the benefit of Mr. Madison's counsel on
this occasion, he happening to be now with me. We are both
strongly of opinion, that the prosecution against Burr for misdemeanor
should proceed at Richmond. If defeated, it will heap
coals of fire on the head of the Judge; if successful, it will give
time to see whether a prosecution for treason against him can be
instituted in any, and what other court. But we incline to think,
it may be best to send Blennerhasset and Smith (Israel) to Kentucky,
to be tried both for the treason and misdemeanor. The
trial of Dayton for misdemeanor may as well go on at Richmond.
I salute you with great esteem and respect.
Monticello, September 8, 1807.
Dear Sir,—Mr. Madison, who is with me, suggests the expediency
of immediately taking up the case of Captain Porter,
against whom you know Mr. Erskine lodged a very serious complaint,
for an act of violence committed on a British seaman in
the Mediterranean. While Mr. Erskine was reminded of the
mass of complaints we had against his government for similar
violences, he was assured that contending against such irregularities
ourselves, and requiring satisfaction for them, we did not
mean to follow the example, and that on Captain Porter's return,
it should be properly inquired into. The sooner this is done the
better; because if Great Britain settles with us satisfactorily all
our subsisting differences, and should require in return, (to have
an appearance of reciprocity of wrong as well as redress,) a
marked condemnation of Captain Porter, it would be embarrassing
were that the only obstacle to a peaceable settlement, and the
more so as we cannot but disavow his act. On the contrary, if
we immediately look into it, we shall be more at liberty to be
moderate in the censure of it, on the very ground of British example;
and the case being once passed upon, we can more easily
avoid the passing on it a second time, as against a settled principle.
It is therefore to put it in our power to let Captain Porter
off as easily as possible, as a valuable officer whom we all wish
to favor, that I suggest to you the earliest attention to the inquiry,
and the promptest settlement of it. I set out to-morrow
on a journey of 100 miles, and shall be absent eight or nine
days. I salute you affectionately.
Monticello, September 8, 1807.
Thomas Jefferson presents his compliments to Mr. Crawford,
and his thanks for his Observations on Quarantines, which he
has read with great pleasure. Not himself a friend to quarantines,
nor having confidence in their efficacy, even if they are
necessary, he sees with pleasure every effort to lessen their credit.
But the theory which derives all infection, and ascribes to unseen
animals the effects hitherto believed to be produced by it, is as
yet too new and unreceived to justify the public servants in
resting thereon the public health, until time and further investigation
shall have sanctioned it by a more general confidence.
He salutes Mr. Crawford with great respect.
Monticello, September 8, 1807.
Dear Sir,—Yours of the 2d is received, and I have this day
directed commissions for Bull, Hubbell, and for Benajah Nicholls
of North Carolina, as Surveyor of the port of Windsor, v. Simeon
Turner, resigned. This last is on the recommendation of
Alston.
You know that the merchants of New York and Philadelphia
were of opinion that a public vessel sent into the Bay of Bengal
to notify our trade there, would in fact increase the danger of our
vessels. The most intelligent merchants of Baltimore, consulted
by Mr. Smith, were of the same opinion as to the Straits of
Sunda. It was therefore concluded between Mr. Smith, Mr.
Madison, and myself, (time not admitting further consultation,)
that it would be best to make a Consul for Batavia, (there being
none,) and send him to his post by a private vessel, with instructions
to take the best measures he could for notifying all our
trade beyond the Straits, to instruct our Consul at the Isle of
France to do the same to all on this side, and moreover to send
a special agent by any private conveyance to be obtained, to go
from port to port in the Bay of Bengal, to give private notice to
the vessels there. As several vessels were on their departure for
those seas from Philadelphia and Baltimore, it is trusted that this
arrangement will effect all the good proposed, and avoid all the
evil apprehended at the different places which were consulted.
I set out to-morrow to Bedford, and shall be absent eight days.
I shall leave this on the 30th, and be in Washington the 3d of
October, ready for our meeting on the 5th. I salute you affectionately.
Monticello, September 18, 1807.
Sir,—On my return to this place yesterday I found your favor
of the 15th, and now return the papers it covered. I am glad
to see the temperate complexion of Lowrie's correspondence. I
presume the intelligence from England since the arrival there of
the information respecting the Chesapeake, will produce a moderate
deportment in their officers. Your instructions to Major
Newton on the opening of letters, are perfectly consonant with
the rules laid down. With respect to the mode of furnishing
the troops with provisions through any other channel than that
of the public contractor, I am unable to say anything, being not
at all acquainted with the arrangements of the war department
on that subject. I enclose you a letter I have received from a
Mr. Belcher, of Gloster, giving reason to believe there have been
some contraventions of the Proclamation there which ought to be
punished if they can be detected. I salute you with great esteem
and respect.
Monticello, September 18, 1807.
I returned here yesterday afternoon and found, as I might expect,
an immense mass of business. With the papers received
from you, I enclose you some others which will need no explanation.
I am desired by the Secretary of the Navy to say what
must be the conduct of Commodore Rodgers, at New York, on
the late or any similar entry of that harbor by the British armed
vessels. I refer him to the orders to Decatur as to what he was
to do if the vessels in the Chesapeake. 1. Remain quiet in the
Bay. 2. Come to Hampton road. 3. Enter Elizabeth river,
and recommend an application of the same rules to New York,
accommodated to the localities of the place. Should the British
government give us reparation of the past, and security for the
future, yet the continuance of their vessels in our harbors in defiance
constitutes a new injury, which will not be included in
any settlement with our ministers, and will furnish good ground
for declaring their future exclusion from our waters, in addition
with the other reasonable ground before existing. Our Indian
affairs in the northwest on the Missouri, and at the Natchitoches,
wear a very unpleasant aspect. As to the first all I think is done
which is necessary. But for this and other causes, I am anxious
to be again assembled. I have a letter from Connecticut. The
prosecution there will be dismissed this term on the ground that
the case is not cognisable by the courts of the United States.
Perhaps you can intimate this where it will give tranquillity.
Affectionate salutations.
Monticello, September 18, 1807
Dear Sir,—On my return yesterday I found yours of the
10th, and now re-enclose you Commodore Rodgers' letter. You
remember that the orders to Decatur were to leave the British
ships unmolested so long as they laid quiet in the Bay; but if
they should attempt to enter Elizabeth river to attack them with
all his force. The spirit of these orders should, I think, be applied
to New York. So long as the British vessels merely enter
the Hook, or remain quiet there, I would not precipitate hostilities.
I do not sufficiently know the geography of the harbor to
draw the line which they should not pass. Perhaps the narrows,
perhaps some other place which yourself or Commodore Rogers
can fix with the aid of the advice he can get in New York.
But a line should be drawn which if they attempt to pass, he
should attack them with all his force. Perhaps he would do
well to have his boats ordinarily a little without the line to let
them see they are not to approach it; but whether he can lay
there in safety, ordinarily, he must judge. But if the British
vessels continue at the Hook, great attention should be paid to
prevent their receiving supplies or their landing, or having any
intercourse with the shore or other vessels. I left Mr. Nicholas's
yesterday morning: he is indisposed with his annual influenza.
Mrs. Nicholas is well. I shall be at Washington on the 3d proximo.
Affectionate salutations.
Monticello, September 19, 1807.
Sir,—I have just received your favor of the 8th, informing me
that the Board of Trustees for the public school in Washington
had unanimously re-appointed me their President. I pray you
to present to them my thanks for the mark of their confidence,
with assurances that I shall at all times be ready to render to the
Institution any services which shall be in my power. Accept
yourself my salutations, and assurances of great respect and esteem.
September 20, 1807.
I return all the papers received in yours of the 18th and 19th,
except one soliciting office, Judge Woodward's letters, to be communicated
to the Secretary of War. Should not Claiborne be
instructed to say at once to Governor Folch, that as we never
did prohibit any articles (except slaves) from being carried up
the Mississippi to Baton Rouge, so we do not mean to prohibit
them, and that we only ask a perfect and equal reciprocity to be
observed on the rivers which pass through the territories of both
nations. Must we not denounce to Congress the Spanish decree
as well as the British regulation pretending to be the countervail
of the French? One of our first consultations, on meeting, must
be on the question whether we shall not order all the militia and
volunteers destined for the Canadas to be embodied on the 26th
of October, and to march immediately to such points on the way
to their destination as shall be pointed out, there to await the decision
of Congress? I approve of the letter to Erskine. In answering
his last, should he not be reminded how strange it is he
should consider as a hostility our refusing to receive but under a
flag, persons from vessels remaining and acting in our waters in
defiance of the authority of the country? The post-rider of the
day before yesterday has behaved much amiss in not calling on
you. When I found your mail in the valise and that they had
not called on you, I replaced the mail in it and expressly directed
him to return by you. Affectionate salutations.
Monticello, September 20, 1807.
Dear Sir,—General Wilkinson has asked permission to make
use, in the statement of Burr's affair which he is about to publish,
of the documents placed in your hands by Mr. Rodney.
To this, consent is freely given with one reservation. Some
of these papers are expressed to be confidential. Others containing
censures on particular individuals, are such as I always
deem confidential, and therefore cannot communicate, but for
regularly official purposes, without a breach of trust. I must
therefore ask the exercise of your discretion in selecting all of
this character, and of giving to the General the free use of the
others. It will be necessary that the whole be returned to the
Attorney General by the first week in the next month, as a selection
will be made from them to make part of the whole evidence
in the case, which I shall have printed and communicated
to Congress. I salute you with great esteem and respect.
Monticello, September 20, 1807.
Dear Sir,—I received your favors of the 13th and 15th on
my return to this place on the 17th, and such was the mass of
business accumulated in my absence, that I have not till now
been able to take up your letters. You are certainly free to
make use of any of the papers we put into Mr. Hay's hands,
with a single reservation: to wit, some of them are expressed to
be confidential, and others are of that kind which I always consider
as confidential, conveying censure on particular individuals,
and therefore never communicate them beyond the immediate
executive circle. I accordingly write to this effect to Mr. Hay.
The scenes which have been acted at Richmond are such as
have never before been exhibited in any country where all regard
to public character has not yet been thrown off. They are
equivalent to a proclamation of impunity to every traitorous
combination which may be formed to destroy the Union; and
they preserve a head for all such combinations as may be formed
within, and a centre for all the intrigues and machinations which
foreign governments may nourish to disturb us. However, they
will produce an amendment to the Constitution which, keeping
the judges independent of the Executive, will not leave them so,
of the nation.
I shall leave this place on the 30th for Washington. It is
with pleasure that I perceive from all the expressions of public
sentiment, that the virulence of those whose treasons you have
defeated only place you on higher ground in the opinion of the
nation. I salute you with great esteem and respect.
Monticello, September 21, 1807.
Sir,—I have read with great satisfaction your observations on
the principles for equalizing the power of the different nations
on the sea, and think them perfectly sound. Certainly it will
be better to produce a balance on that element, by reducing the
means of its great monopolizer, than by endeavoring to raise our
own to an equality with theirs. I have ever wished that all
nations would adopt a navigation law against those who have
one, which perhaps would be better than against all indiscriminately,
and while in France I proposed it there. Probably that
country is now ripe for it. I see no reason why your paper
should not be published, as it would have effect towards bringing
the public mind to proper principles. I do not know
whether you kept a copy; if you did not, I will return it.
Otherwise I retain it for the perusal of my coadjutors, and perhaps
to suggest the measure abroad. I salute you with great esteem
and respect.
Washington, October 8, 1807.
Dear Sir,— * * * * *
The approaching convention of Congress would render your assistance
here desirable. Besides the varieties of general matter
we have to lay before them, on which we should be glad of
your aid and counsel, there are two subjects of magnitude in
which your agency will be peculiarly necessary. 1st. The selection
and digestion of the documents respecting Burr's treason,
which must be laid before Congress in two copies, (or perhaps
printed, which would take ten days.) 2d. A statement of the
conduct of Great Britain towards this country, so far as respects
the violations of the Maritime Law of nations. Here it would be
necessary to state each distinct principle violated, and to quote
the cases of violation, and to conclude with a view of her vice-admiralty
courts, their venality and rascality, in order to show
that however for conveniences, (and not of right) the court of
the captor is admitted to exercise the jurisdiction, yet that in so
palpable an abuse of that trust, some remedy must be applied.
Everything we see and hear leads in my opinion to war; we
have therefore much to consult and determine on, preparatory to
that event. I salute you with affectionate respect.
Washington, October 9, 1807.
Dear Sir,—Your second letter on the subject of gun-boats,
came to hand just before my departure from Monticello. In the
meantime, the inquiry into the proposition had been referred,
agreeably to our usage, or to reason, to the practical persons of
the department to which it belonged, deemed most skilful. On
my arrival here, I found the answers of the persons to whom it
was referred, the substance of which I now enclose you. I am
not a judge of their solidity, but I presume they are founded,
and the rather as they are from officers entirely favorable to the
use of gun-boats.
We have as yet no knowledge of the arrival of the Revenge in
England, but we may daily expect to hear of it; and as we expected
she would be detained there and in France about a month,
it will be a month hence before we can expect her back here.
In the meantime, all the little circumstances coming to our
knowledge are unfavorable to our wishes for peace. If they
would but settle the question of impressment from our bottoms,
I should be well contented to drop all attempts at a treaty. The
other rights of neutral powers will be taken care of by Bonaparte
and Alexander; and for commercial arrangements we can sufficiently
provide by legislative regulations. But as the practice of
impressment has taken place only against us, we shall be left to
settle that for ourselves; and to do this we shall never again
have so favorable a conjuncture of circumstances. Accept my
friendly salutations and assurances of great esteem and respect.
Washington, October 12, 1807.
Dear Sir,—I now return you several of Major Newton's letters,
some of which have been kept awhile for consideration. It
is determined that there shall be no relaxation in the conditions
of the proclamations, or any change in the rules of intercourse by
flag. If the British officers set the example of refusing to receive
a flag, let ours then follow it by never sending or receiving
another. The interval cannot now be long in which matters
will remain at their present point. I salute you with great
friendship and respect.
Washington, October 14, 1807
I think the proper instructions for Mr. Christie's revenue cutter
may be drawn from those given to Captain Decatur. The authority
of the proclamation is to be maintained, no supplies to be
permitted to be carried to the British vessels, nor their vessels
permitted to land. For these purposes force, and to any extent,
is to be applied, if necessary, but not unless necessary, nor, considering
how short a time the present state of things has to continue,
would I recommend any extraordinary vigilance or great
industry in seeking even just occasions for collision. It will
suffice to do what is right when the occasion comes into their
way. I cannot doubt the expediency of getting the instruments
recommended by Mr. Patterson, and of the best kind, if they can
be got in England, because I almost know they cannot be made
in any other country equally good, and I should be quite averse
to getting those which should not be perfect.
May we not at once appoint the republican candidate for the
collectorship of Snow-hill? Affectionate salutations.
Washington, October 17, 1807.
Dear Sir,—I forwarded to Mr. Smith, Secretary of the Navy,
an extract of so much of my letter to you of August 31st, as
suggested the idea of artificial harbors for gun-boats, on the
horse-shoe and middle grounds, with a view to his having their
formation examined, to know if they would support works, and
their distance ascertained, to know what would be their effect.
The objects were, 1, to provide an asylum on the shoals for gun-boats
against weather and ships of war, and 2, to prevent ships
lying within the capes. I enclose you the opinion of Captain
Porter, according to which, without thinking of attempting works
so difficult and doubtful, both ends will be answered by a work
at Lynhaven river, where the shoals are extensive enough to
keep off ships of war, and the river sufficiently capacious to receive
all the gun-boats. He thinks a work at Point Comfort
might also be useful. I send you his draught, which, being
merely an enlargement from More's map on a very minute scale,
is not to be much depended on; and considering the extent of
country that point is to defend, I recommend it to your consideration,
as one of our important objects. Affectionate salutations.
Washington, October 18, 1807.
Sir,—I have duly received your favor of the 8th inst., covering,
at the request of the general court of Massachusetts, a memorial
to the Senate and House of Representatives of the United
States, on behalf of Benjamin Hichborn and others, with a desire
that I would communicate and recommend the same to both
Houses of Congress. I should avail myself with particular pleasure
of every occasion of doing what would be acceptable to the
legislative and executive authorities of Massachusetts, and which
should be within the limits of my functions. The Executive of
the Union is, indeed, by the Constitution, made the channel of
communication between foreign powers and the United States.
But citizens, whether individually, or in bodies corporate, or associated,
have a right to apply directly to any department of their
government, whether legislative, executive, or judiciary, the exercise
of whose powers they have a right to claim; and neither
of these can regularly offer its intervention in a case belonging
to the other. The communication and recommendation by me
to Congress of the memorial you have been pleased to enclose
me, would be an innovation, not authorized by the practice of
our government, and therefore the less likely to add to its weight
or effect. Thus restrained from serving you in the exact way
desired, I have thought I could not better do it than by a prompt
return of the papers, that no time might be lost in transmitting
them through the accustomary channels of your Senators and
Representatives in Congress; and I avail myself of the occasion
of assuring you of my very high respect and consideration.
Washington, October 18, 1807.
Dear Sir,—I received last night a diploma from the Linnæan
Society of Philadelphia, doing me the honor of associating me
to their body. I pray you to do me the favor of assuring the
society of my sensibility for this mark of their notice, and of my
thanks. Sincerely associated with the friends of science, in spirit
and inclination, I regret the constant occupations of a different
kind, which put out of my power the proper co-operations with
them, had I otherwise the talents for them. I shall gladly embrace
any occasion which can be offered of being useful to the
society, as a mark of my acknowledgments for their favors, with
my thanks for the copy of your discourse, enclosed at the same
time. I pray you to receive my friendly salutations, and assurances
of great respect and esteem.
Washington, October 21, 1807.
Sir,—Your favor of the 17th has been duly received. I have
long seen, and with very great regret, the schisms which have
taken place among the republicans, and principally those of Pennsylvania
and New York. As far as I have been able to judge,
they have not been produced by any difference of political principle,—at
least, any important difference, but by a difference of
opinion as to persons. I determined from the first moment to
take no part in them, and that the government should know
nothing of any such differences. Accordingly, it has never been
attended to in any appointment, or refusal of appointment.
General Shee's personal merit, universally acknowledged, was the
cause of his appointment as Indian Superintendent, and a subsequent
discovery that his removal to this place (the indispensable
residence of that officer), would be peculiarly unpleasant to him
suggested his translation to another office, to solve the double
difficulty. Rarely reading the controversial pieces between the
different sections of republicans, I have not seen the piece in the
Aurora, to which you allude; but I may with truth assure you,
that no fact has come to my knowledge which has ever induced
any doubt of your continued attachment to the true principles of
republican government. I am thankful for the favorable sentiments
you are so kind as to express towards me personally, and
trust that an uniform pursuit of the principles and conduct which
have procured, will continue to me an approbation, which I
highly value.
I salute you with great esteem and respect.
Washington, October 25, 1807.
Sir,—Your letters of the 21st and 22d are received, and I
now return Captain Read's of the 18th. We conclude it unnecessary
to call for another corps of militia, to relieve that now
in service at Lynhaven. General Dearborn will write, and
give the necessary directions for discharging, paying, &c. I suspect
the departure of the British armed vessels from our waters,
is in consequence of orders from their government to respect the
proclamation. If Congress should approve our ideas of defensive
works for the several harbors of the United States, there will be
a regular fort at the mouth of Lynhaven river, to protect such a
number of gun-boats to be stationed there as will, in case of war,
render it too dangerous to any armed vessel to enter the bay;
and thus to protect the bay and all its waters at its mouth. I
salute you with great esteem and respect.
Washington, October 27, 1807.
Dear Sir,—I have reflected on the case of the embodying of
the militia in Ohio, and think the respect we owe to the State
may overweigh the disapprobation so justly due to the conduct
of their Governor pro tem. They certainly had great merit, and
have acquired a very general favor through the Union, for the
early and vigorous blows by which they crushed the insurrection
of Burr. We have now again to appeal to their patriotism and
public spirit in the same case; and should there be war, they are
our bulwark in the most prominent point of assault from the Indians.
Their good will and affection, therefore, should be conciliated
by all justifiable means. If we suffer the question of
paying the militia embodied to be thrown on their Legislature, it
will excite acrimonious debate in that body, and they will spread
the same dissatisfaction among their constituents, and finally it
will be forced back on us through Congress. Would it not,
therefore, be better to say to Mr. Kirker, that the general government
is fully aware that emergencies which appertain to them
will sometimes arise so suddenly as not to give time for consulting
them, before the State must get into action; that the expenses
in such cases, incurred on reasonable grounds, will be met
by the general government; and that in the present case, although
it appears there was no real ground for embodying the
militia, and that more certain measures for ascertaining the truth
should have been taken before embodying them, yet an unwillingness
to damp the public spirit of your countrymen, and
the justice due to the individuals who came forward in defence
of their country, and who could not know the grounds on which
they were called, have determined us to consider the call as justifiable,
and to defray the expenses. This is submitted to you for
consideration. Affectionate salutations.
October 28, 1807.
I think there is nothing in the former regulations of the Salines
which hindered merchants or others of the country round
about, far or near, from purchasing salt at the Salines, at the
stated price, and carrying and vending it elsewhere at their own
price; and it was naturally to be expected that competition
would in this way reduce it to a proper price wherever sold. If
this had taken place, it would have been desirable that the lessees
should not have engaged in it, because as the price at a distance
must add some profit to the transportation and first cost, this
profit might have induced the lessees to sell reluctantly on the
spot. As the merchants, however, have not entered into this
business, I think it would be well to let the lessees begin it, leaving
them open to the effect of future competition; subjecting
them to a maximum as they themselves propose, and to have the
permission revoked if they obstruct sales at the Salines, or otherwise
abuse the permission. I return you their letter.
I return you, also, the papers respecting the lead mines, and
think with you that one-fifth for the three last years is not unreasonable.
I propose to inform Mr. Moore (if you know of no objection,)
that I approve his proposition for cutting the whole road from
Cumberland to Brownsville. We shall by this means secure, at
any rate, the benefit of their location, which will of itself have
occasioned considerable expense. Affectionate salutations.
October 31, 1807.
The rent we proposed for the Indiana lead mine was two-tenths
of three years' produce=six-tenths of one year's produce
for five years' occupation: and one-tenth of five year's produce=five-tenths
of one year's produce for five years' occupation, is the
option you propose. There can be but one objection to it, that
is, the effect which a rent of one-tenth annually might have in
lowering the future rents permanently. From the Louisiana
standing rent of one-tenth, and the offer of one-tenth for the Indiana
mine, I suspect that one-fifth may be too much for a permanent
rent. What would you think of continuing the offer of
two years free of rent, and one-eighth of the metal afterwards?
I think the most important object for the public is to find what
rent the tenant can pay and still have an encouraging profit for
himself, and to obtain that rent. However, I suggest this merely
for your consideration.
I have written to Mr. Moore on the subject of the road. Whom
shall we appoint in the room of Kilgore. I have conversed with
Morrar, but have had no opportunity of speaking with Governor
Tiffin. Affectionate salutations.
Washington, November 1, 1807.
Dear Sir,—Your late letters have been regularly referred to
the Secretary at War, who has already answered their several
enquiries, or will do it immediately. I am inclined to believe
that the departure of the British vessels from our waters must be
in consequence of orders from England to respect the authorities
of the country. Within about a fortnight we think we may expect
answers from England which will decide whether this cloud
is to issue in a storm or calm. Here we are pacifically inclined,
if anything comes which will permit us to follow our inclinations.
But whether we have peace or war, I think the present Legislature
will authorize a complete system of defensive works, on
such a scale as they think they ought to adopt. The state of
our finances now permits this. To defensive works by land they
will probably add a considerable enlargement of the force in gun-boats.
A combination of these, will, I think, enable us to defend
the Chesapeake at its mouth, and save the vast line of preparation
which the defence of all its interior waters would otherwise
require. I salute you with great esteem and respect.
Washington, November 1, 1807.
Sir,—I have duly received your letter of August 25th, in
which you express a wish that the letters received from you may
be acknowledged, in order to ascertain their safe transmission.
Those received the present year have been of March 14, May 11,
and 30, June 8, July 3, August 12, and 25. They have not
been before acknowledged in conformity with a practice which
the constant pressure of business has forced me to follow, of not
answering letters which do not necessarily require it. I have
seen with regret, the violence of the dissensions in your quarter.
We have the same in the territories of Louisiana and Michigan.
It seems that the smaller the society the bitterer the dissensions
into which it breaks. Perhaps this observation answers all the
objections drawn by Mr. Adams from the small republics of
Italy. I believe ours is to owe its permanence to its great extent,
and the smaller portion comparatively, which can ever be convulsed
at one time by local passions. We expect shortly now to
hear from England, and to know how the present cloud is to terminate.
We are all pacifically inclined here, if anything comes
from thence which will permit us to follow our inclinations. I
salute you with esteem and respect.
November 8, 1807.
I will sign a proclamation for the sale of the lands northwest
of Ohio, whenever you think proper. I believe the form is in
your office, and in the course of this week we will agree on the
officers.
I am afraid we know too little as yet of the lead mines to establish
a permanent system. I verily believe that of leasing will
be far the best for the United States. But it will take time to
find out what rent may be reserved, so as to enable the lessee to
compete with those who work mines in their own right, and yet
have an encouraging profit for themselves. Having on the spot
two such men as Lewis and Bates, in whose integrity and prudence
unlimited confidence may be placed, would it not be best
to confide to them the whole business of leasing and regulating
the management of our interests, recommending to them short
leases, at first, till themselves shall become thoroughly acquainted
with the subject, and shall be able to reduce the management to
a system, which the government may then approve and adhere
to. I think one article of it should be that the rent shall be paid
in metal, not in mineral, so that we may have nothing to do with
works which will always be mismanaged, and reduce our concern
to a simple rent. We shall lose more by ill-managed smelting
works than the digging the ore is worth. Then it would be
better that our ore remained in the earth than in a storehouse,
and consequently we give nine-tenths of the ore for nothing.
These thoughts are merely for your consideration. Affectionate
salutations.
Washington, November 15, 1807.
Dear Sir,—Yours of the 6th has been duly received. On
the subject of your location for the winter, it is impossible in my
view of it, to doubt on the preference which should be given to
this place. Under any circumstances it could not but be satisfactory
to you to acquire an intimate knowledge of our political
machine, not merely of its organization, but the individuals and
characters composing it, their general mode of thinking, and of
acting openly and secretly. Of all this you can learn no more at
Philadelphia than of a diet of the empire. None but an eye-witness
can really understand it, and it is quite as important to be
known to them, and to obtain a certain degree of their confidence
in your own right. In a government like ours, the standing
of a man well with this portion of the public must weigh
against a considerable difference of other qualifications. Your
quarters here may not perhaps be quite as comfortable as at Philadelphia.
There is a good house half-way between this and the
Treasury, where General Dearborne, Mr. and Mrs. Cutts, board
together. I do not know if there is a vacancy in it, but there
are houses all along the avenue, convenient to the Capitol, and to
this house also, to come and take your soup with us every day,
when not otherwise engaged.
Our affairs with Spain laid dormant during the absence of Bonaparte
from Paris, because we know Spain would do nothing
towards settling them, but by compulsion. Immediately on his
return, our terms were stated to him, and his interposition obtained.
If it was with good faith, its effect will be instantaneous;
if not with good faith, we shall discover it by affected
delays, and must decide accordingly. I think a few weeks will
clear up this matter. With England, all is uncertain. The late
stuff by Captain Doane, is merely a counterbalance for the stuff
we had a week before of a contrary aspect. Those dialogues
they put into the mouths of the ministers were not likely to be
communicated to the newswriters, and they are founded on a
falsehood within my knowledge, not that I have confidence with
an amicable arrangement with England; but I have not the less
on account of this information. One circumstance only in it, I
view as very possible, that she may by proclamation forbid all
commerce with her enemies, which is equivalent to forbidding it
with any nation but herself. As her commerce could not be
accepted on such terms, this will be as much of a war as she
could wage if she were to declare war, for she can wage only a
maritime war with us. In such a case we could not let the war
be all on one side but must certainly endeavor at as much indemnification
as we could take. If we have war with her, we
shall need no loan the first year, a domestic loan only the second
year, but after that, foreign loans. The moment the war is decided,
we shall think it necessary to take measures to insure these
by the time they are wanted, and your management of this kind
of business, formerly, is known to have been so advantageous, that
we should certainly wish to avail ourselves of your services, if
they can be obtained conformably to our joint views. But nothing
specific can be said until the denouement of our present
situation. No inference can be drawn from Monroe's return,
(which I dare say will be by the Revenge,) because his return
this autumn had been earnestly solicited by him, and agreed to
by us. The classification of our militia will be again proposed,
on a better plan, and with more probable success. With respect
to General Moreau, no one entertains a more cordial esteem for
his character than I do, and although our relations with France
have rendered it a duty in me not to seek any public manifestation
of it, yet were accident to bring us together, I could not be
so much wanting to my own sentiments and those of my constituents
individually, as to omit a cordial manifestation of it.
* * * * * * * *
Washington, November 16, 1807.
Sir,—Your favor of October 31st has been duly received, and
I thank you for the communication of the report of the Committee
of Friends. It gives me great satisfaction to see that we
are likely to render our Indian neighbors happier in themselves
and well affected to us; that the measures we are pursuing are
prescribed equally by our duty to them, and by the good of our
own country. It is a proof the more of the indissoluble alliance
between our duties and interest, which if ever they appear to lead
in opposite directions, we may be assured it is from our own defective
views. It is evident that your society has begun at the
right end for civilizing these people. Habits of industry, easy
subsistence, attachment to property, are necessary to prepare
their minds for the first elements of science, and afterwards for
moral and religious instruction. To begin with the last has ever
ended either in effecting nothing, or ingrafting bigotry on ignorance,
and setting them to tomahawking and burning old
women and others as witches, of which we have seen a commencement
among them. There are two circumstances which
have enabled us to advance the southern tribes faster than the
northern; 1, they are larger, and the agents and instructors therefore
can extend their instruction and influence over a much larger
surface; 2, the southern tribes can raise cotton, and immediately
enter on the process of spinning and weaving, so as to clothe
themselves without resorting to the chase. The northern tribes
cannot cultivate cotton, nor can they supply its want by raising
sheep, because of the number of wolves. I see not how they are
to clothe themselves till they shall have destroyed these animals,
which will be a work of time. They should make this one of
the principal objects of their hunts. I salute you with great
esteem and respect.
Washington, November 21, 1807.
Sir,—I received on the 22d ult. your favor of May 20th, with
the medals accompanying it, through the channel of my friend
and ancient class-mate, Mr. Manning, of Liverpool. That our
own nation should entertain sentiments of gratitude and reverence
for the great character who is the subject of your medallion,
is a matter of duty. His disinterested and valuable services to
them have rendered it so; but such a monument to his memory
by the member of another community, proves a zeal for virtue in
the abstract, honorable to him who inscribes it, as to him whom
it commemorates. In returning you my individual thanks for
the one destined for myself, I should perform but a part of my
duty were I not to add an assurance that this testimonial in favor
of the first worthy of our country will be grateful to the feelings
of our citizens generally.
I immediately forwarded the two other medals and the letter
to Judge Washington, with a request that he would hand one of
them to Chief Justice Marshall. I salute you with great respect.
Washington, November 21, 1807.
Dear Sir,—Your favor of July 21st came to hand October
22d, with the letters and medals of General Washington, from
Mr. Eccleston, and I now take the liberty of enclosing through
you my acknowledgments to him. This tribute of respect to the
first worthy of our country, is honorable to him who renders as
to him who is the subject of it.
The world, as you justly observe, is truly in an awful state.
Two nations of overgrown power are endeavoring to establish,
the one an universal dominion by sea, the other by land. We
naturally fear that which comes into immediate contact with us,
leaving remoter dangers to the chapter of accidents. We are
now in hourly expectation of hearing from our ministers in London,
by the return of the Revenge. Whether she will bring us
war or peace, or the middle state of non-intercourse, seems suspended
in equal balance. With every wish for peace, permitted
by the circumstances forced upon us, we look to war as equally
probable. The crops of the present year have been great beyond
example. The wheat sown for the ensuing year is in a great
measure destroyed by the drought and the fly. A favorable
winter and spring sometimes do wonders towards recovering unpromising
grain; but nothing can make the next crop of wheat
a good one.
The present aspect of our foreign relations has encouraged here
a general spirit of encouragement to domestic manufacture. The
Merino breed of sheep is well established with us, and fine
samples of cloth are sent on from the north. Considerable
manufactures of cotton are also commencing. Philadelphia, particularly,
is becoming more manufacturing than commercial. I
have heard nothing lately from your friends in Albemarle; but
if all had not been well with them, I should have heard of it. I
tender you my affectionate salutations, and assurances of constant
friendship and respect.
November 22, 1807.
The defence of Orleans against a land army can never be provided
for, according to the principles of the Constitution, till we
can get a sufficient militia here. I think therefore to get the enclosed
bill brought forward again. Will you be so good as to
make any alterations in it which the present state of the surveys
may have rendered necessary, and any others you shall think for
the better?
Washington, November 25, 1807.
Dear Sir,—Your favor of the 23d came to hand last night,
and I thank you for your attention to the letter to Mrs. Dangerfield,
whose answer I have received. Perceiving that you are
rendered unquiet by the impudent falsehoods with which the
newspapers have tormented the public feelings lately, in a moment
of extraordinary anxiety, I must assure you that these
articles are all demonstrably false, that is to say, the information
of about three or four weeks ago that the ministers on both sides
had given out that all things were amicably arranged. That
which followed a week after assuring us all negotiation was at
an end, and war inevitable, that is to say, Capt. Doane's news,
and what followed a few days ago of Bonaparte's pretended answer
to queries, extending his decree to us, coming via Antwerp
and Bordeaux. It is believed that the last was fabricated
in Boston, to counteract the war-news from England there
afloat. I have no doubt Monroe is coming home, and that he,
as well as the Revenge, may be expected about the last of the
month; and I think it possible he may be the bearer of propositions
for a middle ground between us, modifying what we have
deemed indispensable; consequently that there will be time still
employed in these things crossing and re-crossing the Atlantic,
during which peace may take place in Europe, which of course
removes all ground of dispute between us till another war. As
to the Chesapeake, there is no doubt they will make satisfaction
of some sort. This is my present idea of the present state of
things with that country, but founded as you will perceive on
possibilities only and conjectures, which one week may ascertain.
I salute you with great friendship and respect.
December 10, 1807.
Thomas Jefferson presents Mr. Fulton his thanks for the communication
of his Memoir, which he has read with great satisfaction,
and now returns. There is nothing in it but what will
contribute to the promotion of its great object; and some of the
calculations will have a very powerful effect. He salutes him
with esteem and respect.
Washington, December 10, 1807.
Dear Sir,—I return you Mr. Law's letter, with thanks for the
communication. I wish he may be a true prophet as to peace
in six months. It is impossible that any other man should wish
it as much as I do; although duty may control that wish. The
desire of peace is very much strengthened in me by that which
I feel in favor of the great subjects of yours and Mr. Fulton's
letters. I had fondly hoped to set those enterprizes into motion
with the last legislature I shall meet. But the chance of war is
an unfortunate check. I do not however despair that the proposition
of amendment may be sent down this session to the legislatures.
But it is not certain. There is a snail-paced gate for
the advance of new ideas on the general mind, under which we
must acquiesce. A forty years' experience of popular assemblies
has taught me, that you must give them time for every step you
take. If too hard pushed, they baulk, and the machine retrogrades.
I doubt whether precedence will be given to your part
of the plan before Mr. Fulton's. People generally have more
feeling for canals and roads than education. However, I hope
we can advance them with equal pace. If the amendment is
sent out this session, returned to the next, and no war takes
place, we may offer the plan to the next session in the form of a
bill, the preparation of which should be the work of the ensuing
summer. I salute you affectionately.
Although the decree of the French government of November
21st comprehended, in its literal terms, the commerce of the United
States, yet the prompt explanation by one of the ministers
of that government that it was not so understood, and that our
treaty would be respected, the practice which took place in the
French ports conformably with that explanation, and the recent
interference of that government to procure in Spain a similar
construction of a similar decree there, had given well-founded
expectation that it would not be extended to us; and this was
much strengthened by the consideration of their obvious interests.
But the information from our minister at Paris now
communicated to Congress is, that it is determined to extend the
effect of that decree to us; and it is probable that Spain and the
other Atlantic and Mediterranean States of Europe will co-operate
in the same measure. The British regulations had before reduced
us to a direct voyage to a single port of their enemies, and
it is now believed they will interdict all commerce whatever
with them. A proclamation too of that government (not officially,
indeed, communicated to us, yet so given out to the public
as to become a rule of action with them,) seems to have shut
the door on all negotiation with us, except as to the single aggression
on the Chesapeake.
The sum of these mutual enterprises on our national rights is
that France, and her allies, reserving for further consideration
the prohibiting our carrying anything to the British territories,
have virtually done it, by restraining our bringing a return cargo
from them; and Great Britain, after prohibiting a great proposition
of our commerce with France and her allies, is now believed
to have prohibited the whole. The whole world is thus
laid under interdict by these two nations, and our vessels, their
cargoes and crews, are to be taken by the one or the other, for
whatever place they may be destined, out of our own limits.
If, therefore, on leaving our harbors we are certainly to lose
them, is it not better, as to vessels, cargoes, and seamen, to keep
them at home? This is submitted to the wisdom of Congress,
who alone are competent to provide a remedy.
Washington, December 19, 1807.
Dear Sir,—I have never known to what family you ascribed
the Wild Sheep, or Fleecy Goat, as Governor Lewis called it, or
the Potio-trajos, if its name must be Greek. He gave me a
skin, but I know he carried a more perfect one, with the horns
on, to Mr. Peale; and if I recollect well those horns, they, with
the fleece, would induce one to suspect it to be the Lama, or at
least a Lamæ affinis. I will thank you to inform me what you
determine it to be.
I have lately received a letter from General Clarke. He has
employed ten laborers several weeks, at the Big-bone Lick, and
has shipped the result, in three large boxes, down the Ohio, via
New Orleans, for this place, where they are daily expected. He
has sent, 1st, of the Mammoth, as he calls it, frontals, jaw-bones,
tusks, teeth, ribs, a thigh, and a leg, and some bones of the paw;
2d, of what he calls the Elephant, a jaw-bone, tusks, teeth, ribs;
3d, of something of the Buffalo species, a head and some other
bones unknown. My intention, in having this research thoroughly
made, was to procure for the society as complete a supplement
to what is already possessed as that lick can furnish at this day,
and to serve them first with whatever they wish to possess of it.
There is a tusk and a femur which General Clarke procured particularly
at my request, for a special kind of Cabinet I have at
Monticello. But the great mass of the collection are mere duplicates
of what you possess at Philadelphia, of which I would wish
to make a donation to the National Institute of France, which I
believe has scarcely any specimens of the remains of these animals.
But how to make the selection without the danger of
sending away something which might be useful to our own society?
Indeed, my friend, you must give a week to this object.
You cannot but have some wish to see Washington for its site,
and some of its edifices, which will give you pleasure. You
will see one room especially, to which Europe can show nothing
superior. Baltimore, too, is an object. Take your lodgings at
the tavern close by us. Mess with me every day, and in the intervals
of your perlustrations of the city, Navy Yard, Capitol, &c.,
examine these bones, and set apart what you would wish for the
society. I will give you notice when they arrive here, and then
you will select a time when you can best absent yourself for a
week from Philadelphia. I hope you will not deny us this great
service, and I salute you with friendship and respect.
Washington, December 19, 1807.
Dear Sir,—I have duly received your two favors of September
20th, and November 10th, and am greatly obliged, indeed, by
the trouble you have been so good as to take in procuring for me
as thorough a supplement to the bones of the Mammoth as can
now be had. I expect daily to receive your bill for all the expenses,
which shall be honored with thanks.
The collection you have made is so considerable that it has
suggested an idea I had not before. I see that after taking out
for the Philosophical Society everything they shall desire, there
will remain such a collection of duplicates as will be a grateful
offering from me to the National Institute of France, for whom I
am bound to do something. But in order to make it more considerable,
I find myself obliged to ask the addition of those which
you say you have deposited with your brother at Clarkesville,
such as ribs, backbones, leg bones, thigh, ham hips, shoulder-blades,
parts of the upper and under jaw, teeth of the Mammoth
and Elephant, and parts of the Mammoth tusks, to be forwarded
hereafter, if necessary.
I avail myself of these last words to ask that they may packed
and forwarded to me by the way of New Orleans, as the others
have been. I do this with the less hesitation, knowing these
things can be of little value to yourself or brother, so much in
the way of furnishing yourselves, if desired, and because I know
they will be so acceptable to an institution to which, as a member,
I wish to be of some use. I salute you with great friendship
and respect.
Washington, December 19, 1807.
Dear General,—As I think it probable your brother will
have left you before the enclosed comes to hand, I have left it
open, and request you to read it, and do for me what it asks of
him, and what he will do should he still be with you, that is to say
to have the bones packed and forwarded for me to William
Brown, collector at New Orleans, who will send them on to me.
I avail myself of this occasion of recalling myself to your
memory, and of assuring you that time has not lessened my
friendship for you. We are both now grown old. You have
been enjoying in retirement the recollections of the services you
have rendered your country, and I am about to retire without an
equal consciousness that I have not occupied places in which
others would have done more good. But in all places and times
I shall wish you every happiness, and salute you with great
friendship and esteem.
December 24, 1807.
I think there should certainly be an inquiry into the conduct
of Taylor of Ceracock, the charges being specified, of the most
serious nature, and offered to be proved.
We might take a conveyance of the lands at Tarpaulin cove,
of an estate, to continue so long as a light-house should be kept
upon it, and used as a light-house. It would not be a fee simple,
but what the lawyers call a base fee. But it would be a bad example,
and we should have all proprietors hereafter insisting on
the same thing. It is better they should trust to the liberality of
the United States, in giving them a pre-emption if the light-house
be discontinued. It will be better to add to the absolute conveyance,
such restriction of right as we consent to, to wit, that there
shall be no tavern, &c., than attempt to enumerate the rights we
may exercise,—e. g., that we may keep cows, cultivate, &c.
I approve entirely the idea of conveying to the city of New
Orleans the rights of the United States in the Batture, lately
claimed by that city, and to all other Riparian possessors on the
Mississippi all alluvions, and all atterisements, or shoals, left uncovered
at low water, saving to navigators the right of landing,
unloading, &c. But providing that the claim to the Batture
given to the city, should be decided by special commissioners
to whom the evidence and arguments in writing shall be sent,
without any necessity of their going there.
Should not a bill be immediately proposed for amending the
embargo law? In the meantime the revenue cutters and armed
vessels must use force.
Cockle's bonds are certainly good set-offs against his Louisiana
bills, and ought so to be used to save his sureties.
I am glad to find we have 4,000,000 acres west of Chafalaya.
How much better to have every 160 acres settled by an able-bodied
militia man, than by purchasers with their hordes of
negroes, to add weakness instead of strength. Affectionate
salutations.
Washington, December 26, 1807.
Dear Sir,—I return you the letters you were so kind as to
communicate to me, on the appointment of Dr. Waterhouse to
the care of the marine hospital. When he was decided on
(November 26th), no other candidate had been named to me as
desiring the place.
The respectable recommendations I had received, and his station
as professor of medicine in a college of high reputation,
sufficiently warranted his abilities as a physician, and to these
was added a fact well known, that, to his zeal, the United States
were indebted for the introduction of a great blessing,—vaccination,
which has extirpated one of the most loathsome and mortal
diseases which has afflicted humanity some years, probably,
sooner than would otherwise have taken place. It was a pleasure,
therefore, as well as a duty, in dispensing the public favors,
to make this small return for the great service rendered our country
by Dr. Waterhouse.
That he is not a professional surgeon is not an objection. The
marine hospitals are medical institutions, for the relief of common
seamen, and the ordinary diseases to which they are liable. To
them, therefore, professional physicians have always been appointed.
A surgeon is named to the navy hospital. The surgeon will
have medical cases under him, and the physician some surgical
cases; but not in sufficient proportion to change the characters
of the institutions, or of the persons to whom they are committed.
On a review of the subject, therefore, I have no reason to
doubt that the person appointed will perform the services of the
marine hospital with ability and faithfulness; and I feel a satisfaction
in having done something towards discharging a moral
obligation of the nation, to one who has saved so many of its
victims from a mortal disease. Nor is it unimportant to the State
in which that institution is, that it has extended his means of
usefulness to the medical students of its college.
I am thankful now, as at all times, for information on the subject
of appointments, even when it comes too late to be used. I
know none but public motives in making them. It is more difficult
and more painful than all the other duties of my office, and
one in which I am sufficiently conscious that involuntary error
must often be committed; and I am particularly thankful to
yourself for this opportunity of explaining the grounds of the appointment
in question; and I tender you sincere assurances of
my affectionate esteem and respect.
Washington, December 29, 1807.
It is impossible to detest more than I do the fraudulent and
injurious practice of covering foreign vessels and cargoes under
the American flag; and I sincerely wish a systematic and severe
course of punishment could be established. It is only as a punishment
of this fraud, that we could deny to the Portuguese
vessel the liberty of departing. But I do not know that a solitary
and accidental instance of punishment would have any effect.
The vessel is bonâ fide Portuguese, the crew Portuguese, loaded
with provisions for Portugal, an unoffending and friendly country,
to whom we wish no ill. I have not sufficiently considered
the embargo act, to say how far the executive is at liberty to decide
on these cases. But if we are free to do it, I should be
much disposed to take back her American papers, and let her go,
especially on giving bond and security to land the cargo in Portugal,
dangers of the sea and superior force excepted. Perhaps
it would be proper to require the captain to give up also his certificate
of citizenship, which is also merely fraudulent, has been the
ground of fraudulent conversion, and may be used on the voyage
as a fraudulent cover to the cargo. Affectionate salutations.
Washington, January 3, 1808.
Dear Sir,—Your favor of December 20th has been received.
The copy of the late volume of Agricultural Proceedings is not
yet at hand, but will probably come safe. I had formerly received
the preceding volumes from your kindness, as you supposed.
Writings on this subject are peculiarly pleasing to me,
for, as they tell us, we are sprung from the earth, so to that we
naturally return. It is now among my most fervent longings to
be on my farm, which, with a garden and fruitery, will constitute
my principal occupation in retirement. I have lately received
the proceedings of the Agricultural Society of Paris. They are
proceeding with enthusiasm and understanding. I have been
surprised to find that the rotation of crops and substitution of
some profitable growth preparatory for grain, instead of the useless
and expensive fallow, is yet only dawning among them.
The society has lately re-published Oliver de Serres' Theatre
d'Agriculture, in 2 vols. 4to, although written in the reign of
* * * * * . It is the finest body of agriculture extant, and especially
as improved by voluminous notes, which bring its process to
the present day. I lately received from Colonel Few in New
York, a bottle of the oil of Beni, believed to be a sesamum. I
did not believe there existed so perfect a substitute for olive oil.
Like that of Florence, it has no taste, and is perhaps rather more
limpid. A bushel of seed yields three gallons of oil; and Governor
Milledge, of Georgia, says the plant will grow wherever the
Palmi Christi will. It is worth your attention, and you can probably
get seed from Colonel Few. We are in hourly expectation
of Mr. Rose here, in the hope of seeing what turn our differences
with that nation are to take. As yet all is doubtful. Accept my
friendly salutations, and assurances of great esteem and respect.
Washington, January 3, 1808.
Dear Sir,—Dr. Waterhouse has been appointed to the Marine
Hospital of Boston, as you wished. It was a just though
small return for his merit, in introducing the vaccination earlier
than we should have had it. His appointment there makes some
noise there and here, being unacceptable to some; but I believe
that schismatic divisions in the medical fraternity are at the bottom
of it. My usage is to make the best appointment my information
and judgment enable me to do, and then fold myself
up in the mantle of conscience, and abide unmoved the peltings
of the storm. And oh! for the day when I shall be withdrawn
from it; when I shall have leisure to enjoy my family, my friends,
my farm and books!
In the ensuing autumn, I shall be sending on to Philadelphia
a grandson of about fifteen years of age, to whom I shall ask
your friendly attentions. Without that bright fancy which captivates,
I am in hopes he possesses sound judgment and much observation;
and, what I value more than all things, good humor.
For thus I estimate the qualities of the mind; 1, good humor,
2, integrity; 3, industry; 4, science. The preference of the
first to the second quality may not at first be acquiesced in; but
certainly we had all rather associate with a good-humored, light-principled
man, than with an ill tempered rigorist in morality.
We are here in hourly expectation of seeing Mr. Rose, and of
knowing what turn his mission is to give to our present differences.
The embargo is salutary. It postpones war, gives time
and the benefits of events which that may produce; particularly
that of peace in Europe, which will postpone the causes of difference
to the next war. I salute you with great affection and
respect.
Washington, January 6, 1808.
Dear Sir,—Your ingenious friend, Mr. Martin, formerly made
for me a drill of very fine construction. I am now very desirous
of sending one of them to the Agricultural Society of Paris, with
whom I am in correspondence, and who are sending me a plough
supposed to be of the best construction ever known. On trial
with their best ploughs, by a dynamometer, it is drawn by from
one-half to two-thirds of the force requisite to their best former
ploughs. Will you be so good as to get Mr. Martin to make me
one of his best drills, sparing no pains to make the workmanship
worthy of the object, to pack it in a box, and contrive it for me
to Fredericksburg. The cost shall be remitted him as soon as
known. I see by the agricultural transactions of the Paris Society,
they are cultivating the Jerusalem artichoke for feeding
their animals. They make 10,000 lb. to the acre, which they
say is three times as much as they generally make of the potatoe.
The African Negroes brought over to Georgia a seed which they
called benn, and the botanists sesamum. I lately received a bottle
of the oil, which was eaten with sallad by various companies.
All agree it is equal to the olive oil. A bushel of seed yields
three gallons of oil. I propose to cultivate it for my own use at
least. The embargo keeping at home our vessels, cargoes and
seamen, saves us the necessity of making their capture the cause
of immediate war; for, if going to England, France had determined
to take them, if to any other place, England was to take
them. Till they return to some sense of moral duty, therefore,
we keep within ourselves. This gives time. Time may produce
peace in Europe; peace in Europe removes all causes of
difference, till another European war; and by that time our debt
may be paid, our revenues clear, and our strength increased.
I salute you with great friendship and respect.
January 7, 1808.
I think with you that the establishment of posts of delivery at
Green Bay and Chicago, would only furnish pretexts for not entering
at Mackinac; and that a new post at the falls of St. Mary's, requiring
a military post to be established there, would not quit
cost, nor is this a time to be multiplying small establishments.
The collector should have his eye on the schooner Friends on
her return, and though proof may be difficult, harass them with
a prosecution.
I see nothing in the case of the Swedish captain which can
produce doubt. The law is plain that a foreign vessel may go
with the load she had on board and no more. The exception as
to vessels under the President's direction, can only be meant to
embrace governmental cases, such as advice vessels, such as permitting
foreign seamen to be shipped to their own country.
With respect to the Four Brothers, I know not what can be
done, unless the amendatory law would authorize the collector
to detain on circumstances of strong suspicion, until he can refer
the case here, and give a power to detain finally on such grounds.
Have you thought of the Indian drawback? The Indians can
be kept in order only by commerce or war. The former is the
cheapest. Unless we can induce individuals to employ their
capital in that trade, it will require an enormous sum of capital
from the public treasury, and it will be badly managed. A drawback
for four or five years is the cheapest way of getting that
business off our hands. Affectionate salutations.
January 7, 1808.
Proceeding as we are to an extensive construction of gun-boats,
there are many circumstances to be considered and agreed
on, viz.:
1. How many shall we build? for the debate lately published
proves clearly it was not expected we should build the whole
number proposed.
2. Of what size, and how many of each size?
3. What weight of metal shall each size carry? shall carronades
be added?
4. Is it not best, as they will not be seasoned, to leave them
unsealed awhile?
5. Where shall they be built, and when required to be in
readiness?
6. As a small proportion only will be kept afloat, in time of
peace, the safe and convenient depositories for those laid up
should be inquired into and agreed on, and sheds erected under
which they may be covered from the sun and rain.
7. To economize the navy funds of the ensuing year, we
should determine how many of the boats now in service ought to
be kept in each, and for how many we will depend on the seaport
in case of attack.
The first of these subjects may require a general consultation,
and perhaps the 7th also. The others are matters of detail which
may be determined on between you and myself. I shall be ready
to consult with you on them at your convenience. Affectionate
salutations.
Washington, January 8, 1808.
Dear Sir,—Your letter of December 29th brings to my mind
a subject which never has presented itself but with great pain,
that of your withdrawing from the administration, before I withdraw
myself. It would have been to me the greatest of consolations
to have gone through my term with the same coadjutors,
and to have shared with them the merit, or demerit, of whatever
good or evil we may have done. The integrity, attention, skill,
and economy with which you have conducted your department,
have given me the most complete and unqualified satisfaction,
and this testimony I bear to it with all the sincerity of truth and
friendship; and should a war come on, there is no person in the
United States to whose management and care I could commit it
with equal confidence. That you as well as myself, and all our
brethren, have maligners, who from ill-temper, or disappointment,
seek opportunities of venting their angry passions against us, is
well known, and too well understood by our constituents to be
regarded. No man who can succeed you will have fewer, nor
will any one enjoy a more extensive confidence through the nation.
Finding that I could not retain you to the end of my
term, I had wished to protract your stay, till I could with propriety
devolve on another the naming of your successor. But this
probably could not be done till about the time of our separation
in July. Your continuance however, till after the end of the
session, will relieve me from the necessity of any nomination
during the session, and will leave me only a chasm of two or
three months over which I must hobble as well as I can. My
greatest difficulty will arise from the carrying on the system of
defensive works we propose to erect. That these should have
been fairly under way, and in a course of execution, under your
direction, would have peculiarly relieved me; because we concur
so exactly in the scale on which they are to be executed. Unacquainted
with the details myself, I fear that when you are gone,
aided only by your chief clerk, I shall be assailed with schemes
of improvement and alterations which I shall be embarrassed to
pronounce on, or withstand, and incur augmentations of expense,
which I shall not know how to control. I speak of the interval
between the close of this session, when you propose to retire,
and the commencement of our usual recess in July. Because
during that recess, we are in the habit of leaving things to the
chief clerks; and, by the end of it, my successor may be pretty
well known, and prevailed on to name yours. However, I am
so much relieved by your ekeing out your continuance to the end
of the session, that I feel myself bound to consult your inclinations
then, and to take on myself the difficulties of the short
period then ensuing. In public or in private, and in all situations,
I shall retain for you the most cordial esteem, and satisfactory
recollections of the harmony and friendship with which we
have run our race together; and I pray you now to accept sincere
assurances of it, and of my great respect and attachment.
Washington, January 9, 1808.
Gentlemen,—I duly received your favor of the 1st instant, informing
me that at an election of officers of the American Philosophical
Society, held at their hall on that day, they were pleased
unanimously to elect me as their President for the ensuing year.
I repeat, with great sensibility, my thanks to the Society for
these continued proofs of their good will, and my constant regret
that distance and other duties deny me the pleasure of performing
at their meetings the functions assigned to me, and of enjoying
an intercourse with them which of all others would be the
most gratifying to me. Thus circumstanced I can only renew
assurances of my devotion to the objects of the Institution, and
that I shall avail myself with peculiar pleasure of every occasion
which may occur of promoting them, and of being useful to the
Society.
I beg leave through you, Gentlemen, to present them the
homage of my dutiful respects, and that you will accept yourselves,
the assurances of my high consideration and esteem.
January 10, 1808.
I find Bastrop's case less difficult than I had expected. My
view of it is this: The Governor of Louisiana being desirous of
introducing the culture of wheat into that province, engages
Bastrop as an agent for carrying that object into effect. He
agrees to lay off twelve leagues square on the Washita and Bayou
liard, as a settlement for the culture of wheat, to which Bastrop
is to bring five hundred families, each of which families is to
have four hundred arpens of the land; the residue of the twelve
leagues square, we may understand, was to be Bastrop's premium.
The government was to bear the expenses of bringing these
emigrants from New Madrid, and was to allow them rations for
six months,—Bastrop undertaking to provide the rations, and the
government paying a real and a half for each.
Bastrop binds himself to settle the five hundred families in
three years, and the Governor especially declares that if within
that time the major part of the establishment shall not have been
made good, the twelve leagues square, destined for Bastrop's
settlers, shall be occupied by the families first presenting themselves
for that purpose. Bastrop brings on some settlers,—how
many does not appear, and the Intendant, from a want of funds,
suspends further proceeding in the settlement until the King's
decision. [His decision of what? Doubtless whether the settlement
shall proceed on these terms, and the funds be furnished by
the king? or shall be abandoned?] He promises Bastrop, at the
same time, that the former limitation of three years shall be extended
to two years, after the course of the contract shall have
again commenced to be executed, and the determination of the
King shall be made known to Bastrop. Here, then, is a complete
suspension of the undertaking until the King's decision, and
his silence from that time till, and when, he ceded the province,
must be considered as an abandonment of the project.
There are several circumstances in this case offering ground
for question, whether Bastrop is entitled to any surplus of the
lands. But this will be an investigation for the Attorney General.
But the uttermost he can claim is a surplus proportioned
to the number of families he settled, that is to say, a quota of
land bearing such a proportion to the number of families he
settled, (deducting four hundred arpens for each of them,) as
one hundred and forty-four square leagues bear to the whole number
of five hundred families. The important fact therefore to
be settled, is the number of families he established there before
the suspension.
The Marquis du Maison Rouge (under whom Mr. Clarke
claims) was to have thirty square leagues on the Washita, for
settling thirty families, none of them to be Americans. The
lands were located and appropriated under the terms and conditions
stipulated and contracted for by the said Marquis. What
these were we are not told. The grantee must prove his grant
by producing it. That will prove what the conditions were, and
then he must prove these conditions performed.
Livingston's argument does not establish the fact that the lands
between the staked line and the river, (if they belonged to the
Jesuits,) were conveyed to Gravier.
It is impossible to consider the indulgence to the Apelousas as
anything more than a voluntary permission from the government
to use the timber on the ungranted lands, until they should be
granted to others. It could never be intended to keep that
country forever unsettled, as appears by expressly reserving the
right of soil. But I think we should continue the permission
until we sell the lands.
These opinions are, of course, not to be considered as decisions,
(for that is not my province,) but as general ideas of the rights
of the United States, to be kept in view on the settlement.
The appropriation of the lots in New Orleans must certainly be
suspended, until we get the supplementary information promised.
Affectionate salutations.
Washington, January 10, 1808.
Dear Sir,—I pray you that this letter may be sacredly secret,
because it meddles in a line wherein I should myself think it
wrong to intermeddle, were it not that it looks to a period when
I shall be out of office, but others might think it wrong notwithstanding
that circumstance. I suspected, from your desire to go
into the army, that you disliked your profession, notwithstanding
that your prospects in it were inferior to none in the State. Still
I know that no profession is open to stronger antipathies than that
of the law. The object of this letter, then, is to propose to you
to come into Congress. That is the great commanding theatre
of this nation, and the threshold to whatever department of office
a man is qualified to enter. With your reputation, talents, and
correct views, used with the necessary prudence, you will at once
be placed at the head of the republican body in the House of
Representatives; and after obtaining the standing which a little
time will ensure you, you may look, at your own will, into the
military, the judiciary, diplomatic, or other civil departments,
with a certainty of being in either whatever you please. And in
the present state of what may be called the eminent talents of
our country, you may be assured of being engaged through life
in the most honorable employments. If you come in at the next
election, you will begin your course with a new administration.
That administration will be opposed by a faction, small in numbers,
but governed by no principle but the most envenomed
malignity. They will endeavor to batter down the executive
before it will have time, by its purity and correctness, to build
up a confidence with the people, founded on experiment. By
supporting them you will lay for yourself a broad foundation in
the public confidence, and indeed you will become the Colossus
of the republican government of your country. I will not say
that public life is the line for making a fortune. But it furnishes
a decent and honorable support, and places one's children on good
grounds for public favor. The family of a beloved father will
stand with the public on the most favorable ground of competition.
Had General Washington left children, what would have
been denied to them?
Perhaps I ought to apologize for the frankness of this communication.
It proceeds from an ardent zeal to see this government
(the idol of my soul) continue in good hands, and from a sincere
desire to see you whatever you wish to be. To this apology I
shall only add my friendly salutations, and assurances of sincere
esteem and respect.
January 14, 1808.
I return you Chauncey's letter. I am sorry to see the seamen
working for rations only, and that we cannot allow even them.
And further, indeed, that we shall be under the necessity of discharging
a number of those we have. This is so serious a question
that I propose to call a consultation on it a day or two
hence. Our sixty-four gun-boats and ketches may certainly be
reduced to ten seamen each, at least I have at various times had
the opinions of nearly all our naval captains, that from eight to
ten men are sufficient to keep a gun-boat clean and in order, to
navigate her in harbor, and to look out of it. This would give
us a reduction of about four hundred men. But even this will
not bring it within the estimate. However, what is to be done,
is the question on which I shall propose a consultation. I send
you a letter of a Mr. Walton, of Baltimore, for perusal, merely as
it suggests ideas worth looking at. I confess, I think our naval
militia plan, both as to name and structure, better for us than
the English plan of seafencibles.
I ought to be in possession of a former letter from the same
person, but not finding it among my papers, am induced to ask
whether I sent it to you? Affectionate salutations.
January 15, 1808.
To the letter from Mr. Davy, of the committee of the chamber
of commerce, of Philadelphia, (which I now return you,) I think
you may say in answer, that you had communicated it to the
President, and were authorized to say that the Government of the
United States have no present views of forming new harbors for
the reception of their vessels of war: that under the authority,
and with the means, lately given by the Legislature to the executive,
it is intended to furnish means of defence, by land and
water, to the several harbors of the United States, in proportion
to their importance and local circumstances: that all the points
to be defended are not yet definitively decided on; but that in
reviewing them, the harbor proposed by the chamber of commerce,
to be formed near Lewistown, will be considered, and will
have a just participation in the provisions for protection, in the
first place according to its present circumstances, and hereafter
according to any new importance which shall have been given
it by being made a place of greater resort for merchant vessels.
Affectionate salutations.
Washington, January 21, 1808.
Sir,—I have to acknowledge the receipt of your favor of December
20th, and am much pleased to find our progress in manufactures
to be so great. That of cotton is peculiarly interesting,
because we raise the raw material in such abundance, and because
it may, to a great degree, supply our deficiencies both in
wool and linen. A former application on behalf of Messrs. Binney
& Robertson, was delivered to the Secretary of State, who
will engage General Armstrong to aid such measures as they may
take in Paris for obtaining permission to draw supplies of Antimony
from thence.
It will give me real pleasure to see some good system of measures
and weights introduced and combined with the decimal
arithmetic. It is a great and difficult question whether to venture
only on a half reformation, which by presenting fewer innovations,
may be more easily adopted, or, as the French have tried
with success, make a radical reform. Your plan presents as few
innovations as any I have seen; but I think your foot should refer
to the pendulum, by saying, for instance, that the foot shall
be a measure which shall be to the second pendulum as 1 to 3,267;
or rather as 1 to the length of a pendulum vibrating seconds
in latitude 45°. This offers a standard in every place, because
it can everywhere be found. The rod you propose is only
to be found in Philadelphia. You say in your letter that "if the
decimal mode obtain in the division of the pound, the Troy and
it, as regards the Troy grain, would be the same." I do not understand
this; because the Avoirdupois pound containing 7,000
Troy grains, I do not see how any decimal subdivision of the
pound could coincide with the Troy grain. However, I shall
be very glad to see adopted whatever measure is most promising.
I salute you with esteem and respect.
Washington, January 23, 1808.
Sir,—I have duly received your favor of the 18th, and am
thankful to you for having written it, because it is more agreeable
to prevent than to refuse what I do not think myself authorized
to comply with. I consider the government of the United States
as interdicted by the Constitution from intermeddling with religious
institutions, their doctrines, discipline, or exercises. This results
not only from the provision that no law shall be made respecting
the establishment or free exercise of religion, but from that also
which reserves to the States the powers not delegated to the
United States. Certainly, no power to prescribe any religious
exercise, or to assume authority in religious discipline, has been
delegated to the General Government. It must then rest with
the States, as far as it can be in any human authority. But it is
only proposed that I should recommend, not prescribe a day of
fasting and prayer. That is, that I should indirectly assume to
the United States an authority over religious exercises, which
the Constitution has directly precluded them from. It must be
meant, too, that this recommendation is to carry some authority,
and to be sanctioned by some penalty on those who disregard it;
not indeed of fine and imprisonment, but of some degree of proscription,
perhaps in public opinion. And does the change in the
nature of the penalty make the recommendation less a law of
conduct for those to whom it is directed? I do not believe it is
for the interest of religion to invite the civil magistrate to direct
its exercises, its discipline, or its doctrines; nor of the religious
societies, that the General Government should be invested with
the power of effecting any uniformity of time or matter among
them. Fasting and prayer are religious exercises; the enjoining
them an act of discipline. Every religious society has a right to
determine for itself the times for these exercises, and the objects
proper for them, according to their own particular tenets; and this
right can never be safer than in their own hands, where the Constitution
has deposited it.
I am aware that the practice of my predecessors may be
quoted. But I have ever believed, that the example of State
executives led to the assumption of that authority by the General
Government, without due examination, which would have discovered
that what might be a right in a State government, was
a violation of that right when assumed by another. Be this as
it may, every one must act according to the dictates of his own
reason, and mine tells me that civil powers alone have been
given to the President of the United States, and no authority to
direct the religious exercises of his constituents.
I again express my satisfaction that you have been so good as
to give me an opportunity of explaining myself in a private letter,
in which I could give my reasons more in detail than might have
been done in a public answer; and I pray you to accept the
assurances of my high esteem and respect.
January 24, 1808.
Thomas Jefferson returns thanks to Mr. Barlow for the copy
of the Columbiad he has been so kind as to send him; the eye
discovers at once the excellence of the mechanical execution of
the work, and he is persuaded that the mental part will be found
to have merited it. He will not do it the injustice of giving it
such a reading as his situation here would admit, of a few minutes
at a time, and at intervals of many days. He will reserve
it for that retirement after which he is panting, and not now
very distant, where he may enjoy it in full concert with its kindred
scenes, amidst those rural delights which join in chorus
with the poet, and give to his song all its magic effect. He salutes
Mr. Barlow with friendship and respect.
Washington, January 26, 1808.
Sir,—I take the liberty of enclosing to you the copy of an application
which I have received from a portion of the citizens of
the State of New York, residing on the river St. Lawrence and
Lake Ontario, setting forth their very defenceless situation for the
want of arms, and praying to be furnished from the magazines of
the United States. Similar applications from other parts of our
frontier in every direction have sufficiently shown that did
the laws permit such a disposition of the arms of the United
States, their magazines would be completely exhausted, and
nothing would remain for actual war. But it is only when troops
take the field, that the arms of the United States can be delivered
to them. For the ordinary safety of the citizens of the several
States, whether against dangers within or without, their reliance
must be on the means to be provided by their respective States.
Under these circumstances I have thought it my duty to transmit
to you the representation received, not doubting that you
will have done for the safety of our fellow citizens, on a part of
our frontier so interesting and so much exposed, what their situation
requires, and the means under your control may permit.
Should our present differences be amicably settled, it will be a
question for consideration whether we should not establish a
strong post on the St. Lawrence, as near our northern boundary
as a good position can be found. To do this at present would
only produce a greater accumulation of hostile force in that
quarter. I pray you to accept the assurances of my high respect
and esteem.
Washington, January 27, 1808.
Sir,—The representation of the county of Jefferson, in New
York, of which you are chairman, stating their want of arms,
and asking a supply, has been duly received and considered. I
learn with great concern that a portion of our frontier so interesting,
so important, and so exposed, should be so entirely unprovided
with common fire-arms. I did not suppose any part of
the United States so destitute of what is considered as among the
first necessaries of a farm-house. This circumstance gives me
the more concern as the laws of the United States do not permit
their arms to be delivered from the magazines but to troops actually
taking the field; and, indeed, were the inhabitants on the
whole of our frontier, of so many thousands of miles, to be furnished
from our magazines, little would be left in them for actual
war. For the ordinary safety of the citizens of the several
States, whether against dangers from within or without, reliance
has been placed either on the domestic means of the individuals,
or on those provided by the respective States. What those means
are in the State of New York, I am not informed; but I have
transmitted your representation to Governor Tomkins, with an
earnest recommendation of it to his attention; and I have no
doubt that his solicitude for the welfare and safety of a portion
so eminently exposed of those under his immediate care, will ensure
to you whatever his authority and his means will permit.
That an attack should be made on you by your neighbors,
while the state of peace continues, cannot be supposed; nor is it
certain that that condition of things will be interrupted. Should,
however, war take place, if first declared by us, your safety will
of course have been previously provided for: if by the other
party, it cannot be before the measures now in preparation will
be in readiness to secure you. Should our present differences be
amicably settled, a new post on the St. Lawrence, as near our
northern boundary as a good position can be found, will be worthy
of consideration. At present it would only produce a
greater accumulation of hostile force in your neighborhood, and
if we should have war, it would soon become unimportant.
On the whole, while I am in hopes that your State will provide
by the loan of arms, for your immediate safety and confidence,
you may be assured that such measures shall be in
readiness, and in reach, on the part of the General Government,
as aided by your own efforts, will effectually secure you from the
dangers you apprehend.
I cannot conclude without expressing to you the satisfaction
with which I have received the patriotic assurance of your best
services, should they be needed in your country's cause. They
are worthy of the citizens of a free country, who know and properly
estimate the value of self-government, and are the more acceptable
as from a quarter where they will be most important.
I beg leave to assure yourself, and through you the committee,
of my great consideration and respect.
Washington, January 27, 1808.
Sir,—The substance of the enclosed letter, so far as is necessary
for the satisfaction of our fellow citizens, should be communicated
to them. But the letter itself should not be published,
nor be permitted to be copied. Because the source from which
it comes will occasion every word of it to be weighed by your
neighbors on the opposite shore, and every inference to be drawn
of which it is susceptible. To aid their information as to our
views, would give them an advantage to our own prejudice. I
salute you with respect.
January 30, 1808.
Thomas Jefferson returns the enclosed to Mr. Tiffin with his
thanks for the communication. He cannot foresee what shape
Burr's machinations will take next. If we have war with Spain,
he will become a Spanish General. If with England, he will go
to Canada and be employed there. Internal convulsion may be
attempted if no game more hopeful offers. But it will be a difficult
one, and the more so as having once failed.
Washington, January 30, 1808.
Sir,—I received some days ago your letter of December 15th,
covering a copy of the resolutions of the French inhabitants of
Vincennes of September 18th, in answer to the address of Governor
Harrison, who had, in the month of October, forwarded
me a copy of the same. In his letter enclosing it he assured me
that his address to them on the subject of our differences with
England was merely monitory, putting them on their guard
against insinuations from any agents of that country, who might
find their way among them, and containing no expression, which
if truly explained to them, should have conveyed the least doubt
of his confidence in their fidelity to the United States. I had
hoped therefore that the uneasiness expressed in their resolutions
had been done away by subsequent explanations, as I have no
reason to believe any such distrust existed in the Governor's
mind. I can assure them that he never expressed such a sentiment
in any of his communications to me, but that whenever he
has had occasion to speak of them, it has been in terms of entire
approbation and attachment. In my own mind certainly no
doubts of their fidelity have ever been excited or existed. Having
been the Governor of Virginia when Vincennes and the other
French settlements of that quarter surrendered to the arms of
that State, twenty-eight years ago, I have had a particular knowledge
of their character as long perhaps as any person in the United
States, and in the various relations in which I have been
placed with them by the several offices I have since held, that
knowledge has been kept up. And to their great honor I can
say that I have ever considered them as sober, honest, and orderly
citizens, submissive to the laws, and faithful to the nation of
which they are a part. And should occasion arise of proving
their fidelity in the cause of their country, I count on their aid
with as perfect assurance as on that of any other part of the United
States. In return for this confidence, and as an additional
proof on their part that it is not misplaced, I ask of them a return
to a perfect good understanding with their Governor, and to that
respect for those in authority over them, which has hitherto so
honorably marked their character. As to myself they may be
assured that my confidence in them is undiminished, and that
nothing will be wanting on the part of the general government
to secure them in the full participation of all the rights civil and
religious which are enjoyed by their fellow citizens in the Union
at large.
I beg leave through you to salute them, as well as yourself,
with affection and respect.
Washington, January 31, 1808.
Dear Sir,—I duly received your letter of October 10th, covering
the resolutions of the French inhabitants of Vincennes, and
had hoped that their uneasiness under your supposed want of
confidence in them had subsided. But a letter lately received
from their chairman, covering another copy of the same resolutions,
induces me to answer them, in order to quiet all further
uneasiness. I enclose you my answer, open for your perusal,
and will thank you to seal and deliver it. I have expressed to
them the opinion I have long entertained of the ancient Canadian
French, on a long course of information, and as it is favorable to
them, I trust it will be soothing, and restore those good dispositions
which will ease the execution of your duties, and tend to
produce that union which the present crisis calls for.
Russia and Portugal have cut off all intercourse with England;
their ambassadors re-called, and war follows of course. Our difficulties
with her are great, nor can it yet be seen how they will
terminate.
Accept my salutations, and assurances of great respect and esteem.
February 8, 1808.
In questions like the present, important neither in principle nor
amount, I think the collectors should decide for themselves, and
especially as they, and they only, are the legally competent
judges; for I believe the law makes them the judges of the security.
If the indulgence proposed be within the intentions of
the law, they can grant it; if it be not, we cannot. But it is
the practice in all cases for the officer who is charged with the
taking security, to be indulgent in a hard case, as where the person
is a stranger, could he not take hypothecations of their vessels?
although the law may not specially authorize this, yet the
collector can take it as counter security for himself, and he can
assign it to the government. Affectionate salutations.
February 10, 1808.
It would certainly be very desirable that our citizens should
be able to draw home their property from beyond sea, and it is
possible that Mr. Parish's proposition might be instrumental to
that. But it would be too bold an extension of the views of the
Legislature in the portion of discretion they have given us.
They could not mean to give us so extensive a power of dispensation
as would result from the duty of giving special licenses to
merchants, and such a power, guided by no Legislative regulations,
would be liable to great abuse, and greater complaints of it.
I see therefore, neither justification nor safety in leaving the
ground we have taken, of confining the discretionary power
given us to the public correspondence and public interests. If
the drawing this mass of specie here could be any way connected
with any direct public operation, the danger of the precedent
would be guarded against; but as it is presented to us, I think it
inadmissible. Affectionate salutations.
February 14, 1808.
I believe we must employ some of our gun-boats to aid in the
execution of the embargo law. Some British ships in the Delaware,
one of them loaded with fifteen hundred barrels of flour
for Jamaica, another armed as a letter of marque, openly mean to
go out by force. The last is too strong for the revenue cutters.
Mr. Brice also, of Baltimore, asks armed assistance. I see nothing
at present to prevent our sparing a couple of gun-boats from
New York to go into the Delaware, and a couple from Norfolk
to come up to the head of the Bay. Will this interfere with
more important duties? Affectionate salutations.
February 14, 1808.
I have written to Mr. Smith, proposing to order a couple of
gun-boats from New York into the Delaware, and two from
Norfolk to the head of the bay. I hope the passage of naval
stores into Canada will be prevented. I enclose for your information
the account of a silver mine to fill your treasury. Affectionate
salutations.
Washington, February 15, 1808.
Sir,—I have duly received your letter of the 8th instant, on
the subject of the stone in your possession, supposed meteoric.
Its descent from the atmosphere presents so much difficulty as to
require careful examination. But I do not know that the most
effectual examination could be made by the members of the National
Legislature, to whom you have thought of exhibiting it.
Some fragments of these stones have been already handed about
among them. But those most highly qualified for acting in
their stations, are not necessarily supposed most familiar with
subjects of natural history; and such of them as have that familiarity,
are not in situations here to make the investigation.
I should think that an inquiry by some one of our scientific societies,
as the Philosophical Society of Philadelphia for example,
would be most likely to be directed with such caution and
knowledge of the subject, as would inspire a general confidence.
We certainly are not to deny whatever we cannot account for.
A thousand phenomena present themselves daily which we cannot
explain, but where facts are suggested, bearing no analogy
with the laws of nature as yet known to us, their verity needs
proofs proportioned to their difficulty. A cautious mind will
weigh well the opposition of the phenomenon to everything
hitherto observed, the strength of the testimony by which it is
supported, and the errors and misconceptions to which even our
senses are liable. It may be very difficult to explain how the
stone you possess came into the position in which it was found.
But is it easier to explain how it got into the clouds from whence
it is supposed to have fallen? The actual fact however is the
thing to be established, and this I hope will be done by those
whose situations and qualifications enable them to do it. I
salute you with respect.
Washington, February 18, 1808.
Sir,—I have duly received your letter of January 27th.
With respect to the silver mine on the river Platte, 1,700 miles
from St. Louis, I will observe that in the present state of things
between us and Spain, we could not propose to make an establishment
at that distance from all support. It is interesting however
that the knowledge of its position should be preserved,
which can be done either by confiding it to the government,
who will certainly never make use of it without an honorable
compensation for the discovery to yourself or your representatives,
or by placing it wherever you think it safest.
I should be glad of a copy of any sketch or account you may
have made of the river Platte, of the passage from its head
across the mountains, and of the river Cashecatungo, which you
suppose to run into the Pacific. This would probably be among
the first exploring journeys we undertake after a settlement with
Spain, as we wish to become acquainted with all the advantageous
water connections across our continent.
I shall be very glad to receive some seed of the silk nettle
which you describe, with a view to have it raised, and its uses
tried. I have not been able to find that any of your delegates
here has received it. If you would be so good as to send me a
small packet of it by post, it will come safely, and I will immediately
commit it to a person who will try it with the utmost
care. I salute you with respect.
Washington, February 18, 1808.
My Dear Sir,—You informed me that the instruments you
had been so kind as to bring for me from England, would arrive
at Richmond with your baggage, and you wished to know what
was to be done with them there. I will ask the favor of you to
deliver them to Mr. Jefferson, who will forward them to Monticello
in the way I shall advise him. And I must entreat you
to send me either a note of their amount, or the bills, that I may
be enabled to reimburse you. There can be no pecuniary matter
between us, against which this can be any set-off. But if,
contrary to my recollection or knowledge, there were anything,
I pray that that may be left to be settled by itself. If I could
have known the amount beforehand, I should have remitted it,
and asked the advance only under the idea that it should be the
same as ready money to you on your arrival. I must again,
therefore, beseech you to let me know its amount.
I see with infinite grief a contest arising between yourself
and another, who have been very dear to each other, and equally
so to me. I sincerely pray that these dispositions may not be
affected between you; with me I confidently trust they will not.
For independently of the dictates of public duty, which prescribes
neutrality to me, my sincere friendship for you both will
ensure its sacred observance. I suffer no one to converse with
me on the subject. I already perceive my old friend Clinton,
estranging himself from me. No doubt lies are carried to him,
as they will be to the other two candidates, under forms which,
however false, he can scarcely question. Yet I have been
equally careful as to him also, never to say a word on his subject.
The object of the contest is a fair and honorable one,
equally open to you all; and I have no doubt the personal conduct
of all will be so chaste, as to offer no ground of dissatisfaction
with each other. But your friends will not be as delicate.
I know too well from experience the progress of political controversy,
and the exacerbation of spirit into which it degenerates,
not to fear for the continuance of your mutual esteem.
One piquing thing said draws on another, that a third, and always
with increasing acrimony, until all restraint is thrown off,
and it becomes difficult for yourselves to keep clear of the toils
in which your friends will endeavor to interlace you, and to
avoid the participation in their passions which they will endeavor
to produce. A candid recollection of what you know of
each other will be the true corrective. With respect to myself,
I hope they will spare me. My longings for retirement are so
strong, that I with difficulty encounter the daily drudgeries of
my duty. But my wish for retirement itself is not stronger
than that of carrying into it the affections of all my friends. I
have ever viewed Mr. Madison and yourself as two principal pillars
of my happiness. Were either to be withdrawn, I should
consider it as among the greatest calamities which could assail my
future peace of mind. I have great confidence that the candor
and high understanding of both will guard me against this misfortune,
the bare possibility of which has so far weighed on my
mind, that I could not be easy without unburthening it.
Accept my respectful salutations for yourself and Mrs. Monroe,
and be assured of my constant and sincere friendship.
Washington, February 24, 1808.
Sir,—I have to acknowledge the receipt of your letter of the
16th. It gave me the first information of the death of our distinguished
fellow citizen, John Dickinson. A more estimable
man, or truer patriot, could not have left us. Among the first
of the advocates for the rights of his country when assailed by
Great Britain, he continued to the last the orthodox advocate of
the true principles of our new government, and his name will be
consecrated in history as one of the great worthies of the revolution.
We ought to be grateful for having been permitted to retain
the benefit of his counsel to so good an old age; still, the
moment of losing it, whenever it arrives, must be a moment of
deep-felt regret. For himself, perhaps, a longer period of life
was less important, alloyed as the feeble enjoyments of that age
are with so much pain. But to his country every addition to his
moments was interesting. A junior companion of his labors in
the early part of our revolution, it has been a great comfort to
me to have retained his friendship to the last moment of his life.
Sincerely condoling with his friends on this affecting loss, I
beg leave to tender my salutations to yourself, and assurances of
my friendly respects.
Washington, February 27, 1808.
Dear Sir,—I enclose you a copy of Armstrong's letter, covering
the papers sent to Congress. The date was blank, as in the
copy; the letter was so immaterial that I had really forgotten it
altogether when I spoke with you last night. I feel myself
much indebted to you for having given me this private opportunity
of showing that I have kept back nothing material. That
the federalists and a few others should by their vote make such
a charge on me, is never unexpected. But how can any join
in it who call themselves friends? The President sends papers
to the House, which he thinks the public interest requires they
should see. They immediately pass a vote, implying irresistibly
their belief that he is capable of having kept back other papers
which the same interest requires they should see. They pretend
to no direct proof of this. It must, then, be founded in presumption;
and on what act of my life or of my administration is such
a presumption founded? What interest can I have in leading
the Legislature to act on false grounds? My wish is certainly to
take that course with the public affairs which the body of the
Legislature would prefer. It is said, indeed, that such a vote is
to satisfy the federalists and their partisans. But were I to send
twenty letters, they would say, "You have kept back the twenty-first;
send us that." If I sent one hundred, they would say,
"There were one hundred and one;" and how could I prove
the negative? Their malice can be cured by no conduct; it
ought, therefore, to be disregarded, instead of countenancing their
imputations by the sanction of a vote. Indeed I should consider
such a vote as a charge, in the face of the nation, calling for a
serious and public defence of myself. I send you a copy, that
you may retain it, and make such use of it among our friends as
your prudence and friendship will deem best.
I salute you with great affection and respect.
February 28, 1808.
There is no source from whence our fair commerce derives so
much vexation, or our country so much danger of war, as from
forged papers and fraudulent voyages. Nothing should, in my
opinion, be spared, either of trouble or expense on our part, to
aid all nations in detecting and punishing them. I would therefore
certainly direct Mr. Gelston to furnish Heinecher with every
proof in his power, and to assure him that it shall be done on all
occasions. Would it not be well to give this assurance to all the
foreign consuls? It would at least show the world that this government
does not countenance those frauds; and should not instructions
be given to all the collectors to furnish all proofs in
their power on demand? The three Englishmen will, I presume,
be punished by the laws of Holland, either as spies, or
prisoners of war. If their laws will not take hold of our scoundrel,
Gardner, of the Jane, perhaps that government would put
him on board a vessel, under the order of our consul, to be brought
and punished here for the forgery of papers. Would it not be
well to put a summary statement of this case, and of our orders
on the occasion, into Smith's paper? Would it be amiss even
to send it to Congress by message, with a recommendation to
provide punishments against this practice? Affectionate salutations.
March 2, 1808.
On considering the papers which James Brown sent us, containing
a statement of the parcels of property in and adjacent to
New Orleans, to which the United States claims, we thought it
safest to await the report of the commissioners, with their list of
the property. The papers received yesterday by express from
New Orleans, and now enclosed to you, give us a list of the
property, and grounds of claim from the common council of the
city. Having thus the statement, as it were, from both parties,
I suppose we may consider the list as complete. It would therefore
be only losing a year to wait for the report of the commissioners,
and especially as the property is suffering. What shall
we do? There are two questions,—first, which of these parcels
do really belong to the United States? Second, how shall they
be disposed of? On the first question, I presume Congress will
not decide themselves, but either leave it to the present commissioners,
or appoint others of higher standing and abilities, at least
for the future, which is of too much value, and too much involved
in prejudices there, to be safely trusted to the present commissioners.
On the second question, perhaps Congress might now
desire the Executive, so soon as the titles are decided, to state to
them the parcels which should be kept for the government use,
and then give to the city such as they need, and dispose of the
rest as they see best.
Will you favor me with your ideas what is best to be done?
Affectionate salutations.
Washington, March 3, 1808.
Dear Sir,—Your favor of February 8th, covering the resolutions
of the Legislature of Massachusetts, was received in due
time. It is a circumstance of great satisfaction that the proceedings
of the government are approved by the respectable Legislature
of Massachusetts, and especially the late important measure
of the embargo. The hearty concurrence of the States in that
measure, will have a great effect in Europe. I derive great personal
consolation from the assurances in your friendly letter, that
the electors of Massachusetts would still have viewed me with
favor as a candidate for a third presidential term. But the duty
of retirement is so strongly impressed on my mind, that it is impossible
for me to think of that. If I can carry into retirement
the good will of my fellow citizens, nothing else will be wanting
to my happiness.
Your letter of February 7th, with a recommendation for
Salem, and that of the 8th recalling it, were both received. I
dare say you have found that the solicitations for office are the
most painful incidents to which an executive magistrate is exposed.
The ordinary affairs of a nation offer little difficulty to a
person of any experience; but the gift of office is the dreadful
burthen which oppresses him. A person who wishes to make it
an engine of self-elevation, may do wonders with it; but to one
who wishes to use it conscientiously for the public good, without
regard to the ties of blood or friendship, it creates enmities without
numbers, many open, but more secret, and saps the happiness
and peace of his life.
I pray you to accept my friendly salutations, and assurances
of great esteem and respect.
Washington, March 10, 1808.
Dear Sir,—
* * * * * * * *
From your letter of the 27th ultimo, I perceive that painful
impressions have been made on your mind during your late
mission, of which I had never entertained a suspicion. I must,
therefore, examine the grounds, because explanations between
reasonable men can never but do good. 1. You consider the
mission of Mr. Pinckney as an associate, to have been in some way
injurious to you. Were I to take that measure on myself, I
might say in its justification, that it has been the regular and
habitual practice of the United States to do this, under every
form in which their government has existed. I need not recapitulate
the multiplied instances, because you will readily recollect
them. I went as an adjunct to Dr. Franklin and Mr. Adams,
yourself as an adjunct first to Mr. Livingston, and then to Mr.
Pinckney, and I really believe there has scarcely been a great
occasion which has not produced an extraordinary mission. Still,
however, it is well known that I was strongly opposed to it in
the case of which you complain. A committee of the Senate
called on me with two resolutions of that body, on the subject
of impressment and spoliations by Great Britain, and requesting
that I would demand satisfaction. After delivering the resolutions,
the committee entered into free conversation, and observed,
that although the Senate could not, in form, recommend any extraordinary
mission, yet that as individuals, there was but one
sentiment among them on the measure, and they pressed it. I
was so much averse to it, and gave them so hard an answer, that
they felt it, and spoke of it. But it did not end here. The
members of the other House took up the subject, and set upon
me individually, and these the best friends to you, as well as myself,
and represented the responsibility which a failure to obtain
redress would throw on us both, pursuing a conduct in opposition
to the opinion of nearly every member of the Legislature. I
found it necessary, at length, to yield my own opinion to the
general use of the national council, and it really seemed to produce
a jubilee among them; not from any want of confidence in
you, but from a belief in the effect which an extraordinary mission
would have on the British mind, by demonstrating the degree
of importance which this country attached to the rights
which we considered as infracted.
2. You complain of the manner in which the treaty was received.
But what was that manner? I cannot suppose you to
have given a moment's credit to the stuff which was crowded in
all sorts of forms into the public papers, or to the thousand
speeches they put into my mouth, not a word of which I had
ever uttered. I was not insensible at the time of the views to
mischief, with which these lies were fabricated. But my confidence
was firm, that neither yourself nor the British government,
equally outraged by them, would believe me capable of
making the editors of newspapers the confidants of my speeches
or opinions. The fact was this. The treaty was communicated
to us by Mr. Erskine on the day Congress was to rise. Two of
the Senators inquired of me in the evening, whether it was my
purpose to detain them on account of the treaty. My answer
was, "that it was not: that the treaty containing no provision
against the impressment of our seamen, and being accompanied
by a kind of protestation of the British ministers, which would
leave that government free to consider it as a treaty or no treaty,
according to their own convenience, I should not give them the
trouble of deliberating on it." This was substantially, and almost
verbally, what I said whenever spoken to about it, and I
never failed when the occasion would admit of it, to justify yourself
and Mr. Pinckney, by expressing my conviction, that it was
all that could be obtained from the British government; that you
had told their commissioners that your government could not be
pledged to ratify, because it was contrary to their instructions;
of course, that it should be considered but as a project; and in
this light I stated it publicly in my message to Congress on the
opening of the session. Not a single article of the treaty was
ever made known beyond the members of the administration,
nor would an article of it be known at this day, but for its publication
in the newspapers, as communicated by somebody from
beyond the water, as we have always understood. But as to
myself, I can solemnly protest, as the most sacred of truths, that
I never, one instant, lost sight of your reputation and favorable
standing with your country, and never omitted to justify your
failure to attain our wish, as one which was probably unattainable.
Reviewing therefore, this whole subject, I cannot doubt
you will become sensible, that your impressions have been without
just ground. I cannot, indeed, judge what falsehoods may
have been written or told you; and that, under such forms as to
command belief. But you will soon find, my dear Sir, that so
inveterate is the rancor of party spirit among us, that nothing
ought to be credited but what we hear with our own ears. If
you are less on your guard than we are here, at this moment, the
designs of the mischief-makers will not fail to be accomplished,
and brethren and friends will be made strangers and enemies to
each other, without ever having said or thought a thing amiss of
each other. I presume that the most insidious falsehoods are
daily carried to you, as they are brought to me, to engage us in
the passions of our informers, and stated so positively and plausibly
as to make even doubt a rudeness to the narrator; who, imposed
on himself, has no other than the friendly view of putting
us on our guard. My answer is, invariably, that my knowledge
of your character is better testimony to me of a negative, than
any affirmative which my informant did not hear from yourself
with his own ears. In fact, when you shall have been a little
longer among us, you will find that little is to be believed which
interests the prevailing passions, and happens beyond the limits
of our own senses. Let us not then, my dear friend, embark our
happiness and our affections on the ocean of slander, of falsehood
and of malice, on which our credulous friends are floating. If
you have been made to believe that I ever did, said, or thought
a thing unfriendly to your fame and feelings, you do me injury
as causeless as it is afflicting to me. In the present contest in
which you are concerned, I feel no passion, I take no part, I express
no sentiment. Whichever of my friends is called to the
supreme cares of the nation, I know that they will be wisely and
faithfully administered, and as far as my individual conduct can
influence, they shall be cordially supported. For myself I have
nothing further to ask of the world, than to preserve in retirement
so much of their esteem as I may have fairly earned, and
to be permitted to pass in tranquillity, in the bosom of my family
and friends, the days which yet remain for me. Having reached
the harbor myself, I shall view with anxiety (but certainly not
with a wish to be in their place) those who are still buffetting
the storm, uncertain of their fate. Your voyage has so far been
favorable, and that it may continue with entire prosperity, is the
sincere prayer of that friendship which I have ever borne you,
and of which I now assure you, with the tender of my high respect
and affectionate salutations.
Washington, March 10, 1808.
Sir,—I am sure you can too justly estimate my occupations;
to need an apology for this tardy acknowledgment of your favor
of February the 27th. I cannot but be deeply sensible of the
good opinion you are pleased to express of my conduct in the
administration of our government. This approbation of my fellow
citizens is the richest reward I can receive. I am conscious
of having always intended to do what was best for them; and
never, for a single moment, to have listened to any personal interest
of my own. It has been a source of great pain to me, to
have met with so many among our opponents, who had not the
liberality to distinguish between political and social opposition;
who transferred at once to the person, the hatred they bore to his
political opinions. I suppose, indeed, that in public life, a man
whose political principles have any decided character, and who
has energy enough to give them effect, must always expect to encounter
political hostility from those of adverse principles. But
I came to the government under circumstances calculated to
generate peculiar acrimony. I found all its offices in the possession
of a political sect, who wished to transform it ultimately
into the shape of their darling model, the English government;
and in the meantime, to familiarize the public mind to the change,
by administering it on English principles, and in English forms.
The elective interposition of the people had blown all their designs,
and they found themselves and their fortresses of power
and profit put in a moment into the hands of other trustees.
Lamentations and invective were all that remained to them.
This last was naturally directed against the agent selected to execute
the multiplied reformations, which their heresies had rendered
necessary. I became of course the butt of everything
which reason, ridicule, malice and falsehood could supply. They
have concentrated all their hatred on me, till they have really
persuaded themselves, that I am the sole source of all their imaginary
evils. I hope, therefore, that my retirement will abate
some of their disaffection to the government of their country, and
that my successor will enter on a calmer sea than I did. He will
at least find the vessel of state in the hands of his friends, and not
of his foes. Federalism is dead, without even the hope of a day
of resurrection. The quondam leaders, indeed, retain their rancor
and principles; but their followers are amalgamated with us
in sentiment, if not in name. If our fellow citizens, now solidly
republican, will sacrifice favoritism towards men for the preservation
of principle, we may hope that no divisions will again
endanger a degeneracy in our government.
* * * * * * * *
I pray you to accept my salutations, and assurances of great
esteem and respect.
March 11, 1808.
I suppose we must despatch another packet by the 1st of April
at farthest. I take it to be an universal opinion that war will become
preferable to a continuance of the embargo after a certain
time. Should we not then avail ourselves of the intervening period
to procure a retraction of the obnoxious decrees peaceably,
if possible? An opening is given us by both parties, sufficient to
form a basis for such a proposition.
I wish you to consider, therefore, the following course of proceeding,
to wit:
To instruct our ministers at Paris and London, by the next
packet, to propose immediately to both those powers a declaration
on both sides that these decrees and orders shall no longer
be extended to vessels of the United States, in which case we
shall remain faithfully neutral; but, without assuming the air of
menace, to let them both perceive that if they do not withdraw
these orders and decrees, there will arrive a time when our interests
will render war preferable to a continuance of the embargo;
that when that time arrives, if one has withdrawn and the other
not, we must declare war against that other; if neither shall have
withdrawn, we must take our choice of enemies between them.
This it will certainly be our duty to have ascertained by the time
Congress shall meet in the fall or beginning of winter; so that
taking off the embargo, they may decide whether war must be
declared, and against whom. Affectionate salutations.
Washington, March 13, 1808.
Dear Sir,—I received last night your favor of the 10th.
There can certainly be no present objection to the forwarding
the letters therein mentioned, according to their address.
We have nothing new of importance, except that at the last
reading of an amendatory bill a few days ago, the House of Representatives
were surprised into the insertion of an insidious
clause permitting any merchant having property abroad, on
proving it to the executive, to send a ship for it. We are already
overwhelmed with applications, and there is real danger that the
great object of the embargo in keeping our ships and seamen out
of harm's way, will be defeated; and every vessel and seaman
sent out under this pretext, and placed in the prize of the belligerent
tyrants. I salute you with friendship and respect.
March 17, 1808.
I think it will be impossible to form general rules for carrying
into execution the seventh section of the law of March 12th,
without a fuller view of the number and nature of the cases
which are to come under it. I have waited in expectation the
applications would multiply so as to give one a general view, but
I have received but about half a dozen. But, indeed, nothing short
of a knowledge of all the cases can enable us to provide for them.
I have been wishing, therefore, to converse with you on this proposition;
to wit, to direct the collectors to advertize in their respective
ports, that all persons desiring the benefit of that law,
must immediately deliver to him a statement of the place where
they have property, its amount, whether cash or goods, and what
kind of goods, and in whose hands, on oath, but without exhibiting
other proofs till further called on. These particulars may
be stated in a tabular view; for cash we might authorize vessels
to go immediately, but for goods rules must be framed on a view
of all circumstances.
With respect to the constitution of the act, there are cases in
the books where the word "may" has been adjudged equivalent
to "shall," but the term "is authorized," unless followed by
"and required," was, I think, never so considered. On the contrary,
I believe it is the very term which Congress always use
toward the executive when they mean to give a power to him,
and leave the use of it to his discretion.
It is the very phrase on which there is now a difference in the
House of Representatives, on the bill for raising 6,000 regulars,
which says "there shall be raised," and some desire it to say
"the President is authorized to raise," leaving him the power
with a discretion to use it or not. It is to be observed also that
the one construction puts it in the power of individuals to defeat
the embargo in a great measure, while the other leaves a power
to combine a due regard to the object of the law with the interests
of individuals. I like your idea of proportioning the tonnage
of the vessel to the value (in some degree) of the property,
but its bulk must also be taken into consideration. On the
whole, I should be for giving prompt permission to bring home
money, because one vessel will bring for all those who have cash
at the same port; but the bringing property in other forms, will
require a fuller view and digest of rules. Affectionate salutations.
Washington, March 20, 1808.
Dear Sir,—Your favor of the 18th is duly received. Be assured
that I value no act of friendship so highly as the communicating
facts to me, which I am not in the way of knowing
otherwise, and could not therefore otherwise guard against. I
have had too many proofs of your friendship not to be sensible
of the kindness of these communications, and to receive them
with peculiar obligation. The receipt of Mr. Rose's answer has
furnished the happiest occasion for me to present to Congress a
complete view of the ground on which we stand with the two
principal belligerents, and, with respect to France, to lay before
them, for the public, every communication received from that
government since the last session, including those heretofore sent,
in order that they also may be published, and let our constituents
see whether these papers gave just ground for the falsehoods
which have been so impudently advanced. We shall hope to
see you to-day. Affectionate salutations.
Washington, March 20, 1808.
Dear Sir,—Yours of the 12th is received. Congress, I think,
will rise in about three weeks,—say about the 11th of April,
and I shall leave this five or six days after, on a visit of some
length to Monticello. This illy accords with your journey to
the westward in May; but can you not separate your excursion
to this place from the western journey? Between Philadelphia
and this place is but two days, and the roads are already fine. I
would propose, therefore, that you should come a few days before
Congress rises, so as to satisfy that article of your curiosity. The
bones are spread in a large room, where you can work at your
leisure, undisturbed by any mortal, from morning till night, taking
your breakfast and dinner with us. It is a precious collection,
consisting of upwards of three hundred bones, few of them of
the large kinds which are already possessed. There are four
pieces of the head, one very clear, and distinctly presenting the
whole face of the animal. The height of his forehead is most
remarkable. In this figure, the indenture at the eye gives a
prominence of six inches to the forehead. There are four jaw-bones
tolerably entire, with several teeth in them, and some fragments;
three tusks like elephants; one ditto totally different, the
largest probably ever seen, being now from nine to ten feet long,
though broken off at both ends; some ribs; an abundance of
teeth studded, and also of those of the striated or ribbed kind;
a fore-leg complete; and then about two hundred small bones,
chiefly of the foot. This is probably the most valuable part of
the collection, for General Clarke, aware that we had specimens
of the larger bones, has gathered up everything of the small kind.
There is one horn of a colossal animal. The bones which came
do not correspond exactly with General Clarke's description;
probably there were some omissions of his packers. Having sent
my books to Monticello, I have nothing here to assist you but the
Encyclopedie Methodique. I hope you will make this a separate
excursion; and come before Congress rises, whenever it best
suits you. I salute you with friendship and respect.
March 20, 1808.
I see with pleasure, fellow citizens, in your address of February
15th, a sound recurrence to the first principles on which our
government is founded; an examination by that test of the rights
we possess, and the wrongs we have suffered; a just line drawn
between a wholesome attention to the conduct of rulers, and a
too ready censure of that conduct on every unfounded rumor;
between the love of peace, and the determination to meet war,
when its evils shall be less intolerable than the wrongs it is
meant to correct. With so just a view of principles and circumstances,
your approbation of my conduct, under the difficulties
which have beset us on every side, is doubly valued by me, and
offers high encouragement to a perseverance in my best endeavors
for the preservation of your peace, so long as it shall be consistent
with the preservation of your rights. When this ceases
to be practicable, I feel entire confidence in the arduous exertions
which you pledge in support of the measures which may
be called for by the exigencies of the times, and in the known
energies and enterprize of our countrymen in whatsoever direction
they are pointed. If these energies are embodied by an union
of will, and by a confidence in those who direct it, our nation, so
favored in its situation, has nothing to fear from any quarter.
To that union of effort may our citizens ever rally, minorities
falling cordially, on the decision of a question, into the ranks of
the majority, and bearing always in mind that a nation ceases to
be republican only when the will of the majority ceases to be the
law. I thank you, fellow citizens, for the solicitude you kindly
express for my future welfare. A retirement from the exercise
of my present charge is equally for your good and my own happiness.
Gratitude for past favors, and affectionate concern for
the liberty and prosperity of my fellow citizens, will cease but
with life to animate my breast.
March 23, 1808.
It is a maxim of our municipal law, and, I believe, of universal
law, that he who permits the end, permits of course the
means, without which the end cannot be effected. The law
permitting rum, molasses, and sugar, to be imported from countries
which have not packages for them, would be construed in
the most rigorous courts to permit them to be carried. They
would consider the restriction to ballast and provisions as a restriction
to necessaries, and merely equivalent to a declaration
that they shall carry out nothing for sale.
This is certainly one object of the law, and the second is to
import the property; and to these objects all constructions of it
should be directed. I have no doubt, therefore, that Messrs.
Low and Wallace, and others, should be allowed to carry out the
necessary and sufficient packages. But a right to take care that
the law is not evaded, allows us to prescribe that kind of package
which can be best guarded against fraud. Boxes ready-made
could not, perhaps, be so easily probed, to discover if they contained
nothing for exportation. Casks filled with water can be
easily sounded from the bunghole. If you think, therefore, that
one kind of package is safer than another, it may be prescribed;
for that nothing for sale shall be exported is as much the object
of the law, as that their property shall be imported. Reasonable
attention is due to each object. Affectionate salutations.
Washington, March 23, 1807.
Sir,—I am sensible of the extraordinary ingenuity and merit of
the work which you offer to the acquisition of our government.
It would certainly be an ornament to any country. But with
such an immense extent of country before us, wanting common
improvement to render it productive, the United States have not
thought the moment as yet arrived when it would be wise in
them to divert their funds to objects less pressing; no law has
yet authorized acquisitions of this character. The idea of rendering
the Greek and Latin languages living, has certainly some
captivating points. The experiment has, I believe, been tried in
Europe as to the Latin language, but with what degree of success
I am not precisely informed. I suppose it very possible to
reform the language of the modern Greeks to the ancient standard,
and that this may one day take place. But in our infant
country objects more urgent force themselves on our attention,
and call for the aid of all our means. These peculiarities of our
situation deprive us of the advantage of availing our country of
propositions which, in a more advanced stage of improvement,
might be entitled to consideration.
Permit me to tender my salutations, and assurances of respect.
Washington, March 23, 1808.
Dear Sir,—Your letter on the subject of Mr. Lee came safely
to hand. You know our principles render federalists in office
safe, if they do not employ their influence in opposing the government,
but only give their own vote according to their conscience.
And this principle we act on as well with those put in
office by others, as by ourselves.
We have received from your presses a very malevolent and incendiary
denunciation of the administration, bottomed on absolute
falsehood from beginning to end. The author would merit exemplary
punishment for so flagitious a libel, were not the torment
of his own abominable temper punishment sufficient for even as
base a crime as this. The termination of Mr. Rose's mission, re
infecta, put it in my power to communicate to Congress yesterday,
everything respecting our relations with England and
France, which will effectually put down Mr. Pickering, and his
worthy coadjutor Mr. Quincy. Their tempers are so much alike,
and really their persons, as to induce a supposition that they are
related. The embargo appears to be approved, even by the federalists
of every quarter except yours. The alternative was between
that and war, and in fact, it is the last card we have to
play, short of war. But if peace does not take place in Europe,
and if France and England will not consent to withdraw the
operation of their decrees and orders from us, when Congress
shall meet in December, they will have to consider at what point
of time the embargo, continued, becomes a greater evil than war.
I am inclined to believe, we shall have this summer and autumn
to prepare for the defence of our seaport towns, and hope that
in that time, the works of defence will be completed which have
been provided for by the Legislature. I think Congress will rise
within three weeks.
I salute you with great affection and respect.
March 26, 1808.
Mr. Madison happening to call on me just now, I consulted
him on the subject of Hoffman's letter. We both think that it
would be neither just nor expedient that the supplies necessary
to the existence of the Indians should be cut off from them; and
that if no construction of the embargo law will permit the passage
of their commerce, and if that law could, and did intend to
control the treaty, (the last of which is hardly to be believed,)
then an amendment should be asked of Congress. I have no
copy of the law by me, and indeed am too unwell for very close
exercise of the mind. Affectionate salutations.
Washington, March 30, 1808.
Dear Sir,—Your letter of the 8th was received on the 25th,
and I proceed to state to you my views of the present state and
prospect of foreign affairs, under the confidence that you will
use them for your own government and opinions only, and by no
means let them get out as from me. With France we are in
no immediate danger of war. Her future views it is impossible
to estimate. The immediate danger we are in of a rupture with
England, is postponed for this year. This is effected by the
embargo, as the question was simply between that and war.
That may go on a certain time, perhaps through the year, without
the loss of their property to our citizens, but only its remaining
unemployed on their hands. A time would come, however,
when war would be preferable to a continuance of the embargo.
Of this Congress may have to decide at their next meeting. In
the meantime, we have good information, that a negotiation for
peace between France and England is commencing through the
medium of Austria. The way for it has been smoothed by a
determination expressed by France (through the Moniteur, which
is their government paper) that herself and her allies will demand
from Great Britain no renunciation of her maritime principles;
nor will they renounce theirs. Nothing shall be said
about them in the treaty, and both sides will be left in the next
war to act on their own. No doubt the meaning of this is,
that all the Continental powers of Europe will form themselves
into an armed neutrality, to enforce their own principles. Should
peace be made, we shall have safely rode out the storm in peace
and prosperity. If we have anything to fear, it will be after
that. Nothing should be spared from this moment in putting our
militia in the best condition possible, and procuring arms. I
hope, that this summer, we shall get our whole seaports put into
that state of defence, which Congress has thought proportioned
to our circumstances and situation; that is to say, put hors
d'insulte from a maritime attack, by a moderate squadron. If
armies are combined with their fleets, then no resource can be
provided, but to meet them in the field. We propose to raise
seven regiments only for the present year, depending always on
our militia for the operations of the first year of war. On any
other plan, we should be obliged always to keep a large standing
army. Congress will adjourn in about three weeks. I hope
Captain McComb is getting on well with your defensive works.
We shall be able by mid-summer, to give you a sufficient number
of gun-boats to protect Charleston from any vessel which can
cross the bar; but the militia of the place must be depended on
to fill up the complement of men necessary for action in the moment
of an attack, as we shall man them, in ordinary, but with
their navigating crew of eight or ten good seamen.
I salute you with great esteem and respect.
March 31, 1808.
If, on considering the doubts I shall suggest, you shall still
think your draught of a supplementary embargo law sufficient,
in its present form, I shall be satisfied it is so, for I have but one
hour in the morning in which I am capable of thinking, and
that is too much crowded with business to give me time to think.
1. Is not the first paragraph against the Constitution, which
says no preference shall be given to the ports of one State over
those of another? You might put down those ports as ports of
entry, if that could be made to do.
2. Could not your second paragraph be made to answer by
making it say that no clearance shall be furnished to any vessel
laden with provisions or lumber, to go from one port to another
of the United States, without special permission, &c. In that
case we might lay down rules for the necessary removal of provisions
and lumber, inland, which should give no trouble to the
citizens, but refuse licenses for all coasting transportation of those
articles but on such applications from a Governor as may ensure
us against any exportation but for the consumption of his State.
Portsmouth, Boston, Charleston, and Savannah, are the only ports
which cannot be supplied inland. I should like to prohibit collections,
also, made evidently for clandestine importation.
3. I would rather strike out the words "in conformity with
treaty" in order to avoid any express recognition at this day of
that article of the British treaty. It has been so flagrantly abused
as to excite the Indians to war against us, that I should have no
hesitation in declaring it null, as soon as we see means of supplying
the Indians ourselves.
I should have no objections to extend the exception to the
Indian furs purchased by our traders and sent into Canada. Affectionate
salutes.
April 1, 1808.
I approve of your letter to Commodore Murray entirely, and in
order to settle what shall be our course for the summer (now
that we are tolerably clear, that no rupture with England is
likely to take place during the summer), I propose, the first day
that I can be well enough, for a couple of hours to ask a meeting
of our colleagues to determine these questions.
Shall the proclamation be renewed or suffered to expire?
Shall the harbors of ordinary British resort (say New York,
Lynhaven, and Charleston) be furnished with their full quota
of gun-boats, with their navigating crews?
Shall the residue of the 170 gun-boats be distributed among
the other ports, with their navigating crews, or be laid up or left
on their stocks?
Shall the frigates and Wasp be unmanned?
Affectionate salutations.
April 2, 1808.
Sir,—On the amendments to the embargo law, I am perfectly
satisfied with whatever you have concluded on after consideration
of the subject. My view was only to suggest for your consideration,
not having at all made myself acquainted with the
details of that law. I therefore return you your bill, and wish
it to be proposed. I will this day nominate Elmer. The delegates
of North Carolina expect daily to receive information on
the subject of a Marshal. Is the Register's office at New Orleans
vacant? Claiborne says it is, and strongly recommends
Robertson the Secretary. He will be found one of the most
valuable men we have brought into the public service for integrity,
talents and amiability. Affectionate salutations.
April 8, 1808.
I suppose that Favre can carry his necessary provisions
from New Orleans across the lake in a periagua or some other
vessel, which may come under the exception of vessels under
the immediate direction of the President, and that being an
agent of the United States for the transmission of public intelligence,
such a license is perfectly legitimate. If this were a
matter of doubt, its solution would be to be sought in the intention
of the Legislature, which was to keep our seamen and property
from capture, and to starve the offending nations. But
Favre is our own agent, and we may as well remit provisions
to him as money to our other foreign agents. It appears to me
to be so clearly out of the scope of the prohibitions of the embargo
law, and within its exceptions, that I should be for allowing
him to take out his provisions for his family, under the superintendence
of the Collector. Affectionate salutations.
Washington, April 13, 1808.
Sir,—I have regretted the delay of this answer to your letter
of February 27th, but it has proceeded from circumstances
which did not depend on me. I learn with great satisfaction
the disposition of our merchants to form into companies for undertaking
the Indian trade within our own territories. I have
been taught to believe it an advantageous one for the individual
adventurers, and I consider it as highly desirable to have
that trade centred in the hands of our own citizens. The field
is immense, and would occupy a vast extent of capital by different
companies engaging in different districts. All beyond the
Mississippi is ours exclusively, and it will be in our power to
give our own traders great advantages over their foreign competitors
on this side the Mississippi. You may be assured that
in order to get the whole of this business passed into the hands
of our own citizens, and to oust foreign traders, who so much
abuse their privilege by endeavoring to excite the Indians to
war on us, every reasonable patronage and facility in the
power of the Executive will be afforded. I salute you with
respect.
April 14, 1808.
I should think Mr. Woodside's application to send provisions
for the family of our consul at Madeira, admissible on the same
ground as that lately to Favre, were the necessity as evident,
but I suppose it can hardly be doubted that England will procure
provisions for that island, and there is danger of one precedent
in our relaxations begetting another till we may get out of
the limits of the law and its object.
The application for the establishment of a packet on Lake
Champlain cannot be admitted. Such an establishment is by no
means within the description of those which we have proposed
to license; it would give too great a facility to evade the law,
and the builder is in no worse situation than the many others
who began their vessels before the embargo law, and who will
not be permitted to use them till that is repealed. Affectionate
salutations.
April 19, 1808.
Dear Sir,—Sincerely sympathizing in your distress, which
much experience in the same school has taught me to estimate, I
could not have been induced to intrude on it by anything short of
the urgency of the case stated by Penniman on Lake Champlain.
Messrs. Robinson and Witherall tell me the whole of the business
will be over early in May, when the fall of the water renders
the rapids impassable for rafts. They think vessels of any
kind desired, can be had on the Lake at a moment's warning,
and guns of 6 lbs. ball, there also, mounted on them by procurement
of the collector, and that the governor would order any
assistance of militia on being written to. Believing it important
to crush every example of forcible opposition to the law, I propose
to ask the other gentlemen to a consultation immediately,
and for their and my guide have to request any ideas on the
subject which you can hastily give me on paper, for which I
would not have troubled you, but from a confidence that your
knowledge of the character and means possessed by the collector
there, and of the local circumstances to be attended to, may
enable us to decide on what will be most proper and effectual.
I salute you with affection.
P. S. Return me Penniman's letter if you please, to lay before
the gentlemen.
April 19, 1808.
We have concluded as follows:
1st. That a letter from your department to the collector on
Lake Champlain, shall instruct him to equip and arm what vessels
he can and may think necessary, and luggage as many persons
on board them as may be necessary, and can be engaged
voluntarily by force of arms, or otherwise, to enforce the law.
2d. The Secretary of State writes to the Marshall, if the opposition
to the law is too powerful for the collector, to raise his
posse, (which, as a peace officer, he is fully authorized to do on
any forcible breach of the peace,) and to aid in suppressing the
insurrection or combination.
3d. The Secretary at War desires the Governor, if the posse
is inadequate, to publish a proclamation with which he is furnished,
and to call on the militia. He is further, by a private
letter, requested to repair to the place, and lend the aid of his
counsel and authority according to exigencies.
We have further determined to build two gun-boats at Skanesborough.
Affectionate salutations.
P. S. General Dearborne has Penniman's letter to copy for the
Governor.
April 22, 1808.
Did I lend you the Pennsylvania act permitting our Western
road to pass through that State? If I did, or if you have a copy
of it, I shall be very glad to see it. Mr. Hodge gave me notice
yesterday that there would be legal opposition to that road's passing
in any other direction than through Washington, their construction
being, that if in fact a good road can be got by Washington,
the law obliges me to direct it through that; and they
have got a survey made on which they affirm the fact to be that
a good road may be had. I know my determination was not to
yield to the example of a State's prescribing the direction of the
road; and I understood the law as leaving the route ultimately
to me. If I have misconstrued the law, I shall be sorry for the
money spent on a misconstruction, but that loss will be a lesser
evil to the United States than a single example of yielding to a
State the direction of a road made at the national expense and
for national purposes. If you have not the law, I must write by
this day's post to Mr. Moore, to suspend all further proceedings
till we can see whether we are really at liberty to pursue the
route we have proposed, or must adopt another which shall not
enter the State of Pennsylvania.
Affectionate salutations.
April 23, 1808.
My ideas on the questions relative to the active letter of Marque
stated in your letter of yesterday, are as follows:
1st. Letters of Marque have been considered, ever since the
decisions of 1703, to be of a mixed character, but that the commercial
character predominates; and as a commercial vessel of
private property we have in some cases since the proclamation of
July, considered them as not included in its restrictions.
2d. The law of 1794, June 5th, certainly exempts the enlistment
of foreigners in this country on board the vessels of their
sovereign, from the penalties of that law, and leaves the subject
merely under the law of nations. By that law the right of enlistment
in a neutral country, given to both belligerents if they
can devise equal advantage from it, is no breach of neutrality,
but otherwise becomes questionable. We may, justly, I think,
permit a vessel of either nation to supply its desertions by new
engagements; but we should be cautious as to permitting them
to increase their number, to carry away more than they brought
in.
3d. It is difficult to draw a line between the two cases where
the collector should consult the government, and where the district
attorney. Where a case is political, rather than legal, or
where it arises even on a law whose object is rather political than
municipal, the government should be consulted; and where the
district attorney is the proper resort, still it should be on consultation
by the collector, and not by the party interested. Affectionate
salutations.
April 23, 1808.
Notes on the British claims in the Mississippi territory.
1803, March 3d, act of Congress gave to March 31, 1804, to
exhibit their claims on grants.
1804, March 27, act of Congress gave to November 30, 1804,
and allowed transcripts instead of originals, &c.
1805, March 2d, act of Congress gave to December 1, 1805,
to file their grants. And in fact to Jan 1, 1807, time when the
sale might begin.
1807, December 15, the British claimants memorialize again.
On no one of the acts did the British claimant take any step
towards specifying his claim or its location, but remained inactive
till the time was expired, and then remonstrated to his government
that we had not given them time sufficient. And on the
last of 1805, instead of having come forward with his claims,
ready to avail himself of the third term which was then to be
asked, and which was granted nominally to December 1, 1805,
but in effect to January 1, 1807, he stays at home inactive, and
on the 15th of December, 1807, again gives in a memorial that
we have not given time enough, but still takes no step to inform
us what and where his claim is.
Although these titles may have been confirmed by treaty, yet
they could not thereby be intended to be withdrawn from the
jurisdiction or conditions on which lands are held even by citizens.
It is evident that these claimants are speculators, whose
object is to make what profit they can out of the patronage of
the government, but to make no sacrifice of themselves either of
money or trouble. They are entitled, therefore, to no further
notice from either government. However, Mr. Erskine may
be informed verbally, that as the day of commencing sales of
lands there is now put off to January 1, 1809, if any of these
claimants will, before that day, file their claim, with its precise
location, the executive is authorized to suspend the sale of any
particular parcels, and will as to that, till the proper authority
can decide on the title, but that the settlement of that country
in general, is too pressing to be delayed one day by claims under
the circumstances of these.
April 23, 1808.
The leading object of the enclosed application from the owners
of the Topaz, is to send witnesses and documents to save the
property of the ship and cargo seized. But as the Topaz would
be insufficient to bring home the whole property if cleared, the
permission of sending a vessel may be on the ordinary ground of
bringing home the property. But do the restrictions of the embargo
laws (for I have them not) inhibit the passing from port to
port as proposed in the enclosed? And do they admit, (in case
the Topaz and her cargo are condemned,) that the vessel sent
out should bring home other property to cover the expenses of
the ineffectual voyage? On these questions I must ask your
opinion, as General Smith will call on me to-morrow. The
questions had been brought to me originally by Mr. Taylor, because
he happened to come at a moment when you were confined.
Affectionate salutes.
April 24, 1808.
Thomas Jefferson returns the enclosed to Mr. Rodney, with
thanks for the communication. It is very evident that our embargo,
added to the exclusions from the Continent, will be most
heavily felt in England and Ireland. Liverpool is remonstrating,
and endeavoring to get the other posts into motion. Yet the bill
confirming the orders of council is ordered to a third reading,
which shows it will pass. Congress has just passed an additional
embargo law, on which if we act as boldly as I am disposed to
do, we can make it effectual. I think the material parts of the
enclosed should be published. It will show our people that while
the embargo gives us double rations, it is starving our enemies.
This six months' session has worn me down to a state of almost
total incapacity for business. Congress will certainly rise to-morrow
night, and I shall leave this for Monticello on the 5th
of May, to be here again on the 8th of June. I salute you with
constant affection and respect.
Washington, April 24, 1808.
Dear Sir,—So uncertain has been the situation of our affairs
with England, and yet so much bearing would they have on
those with the Indians, that I have delayed answering your favor
of October 5th until I could see a little way before me. At
present I think a continuance of our peace till the next meeting
of Congress (November) probable. I have now addressed a message
to the Indians in the north-west, in which I inform them
of our differences with England, and of the uncertainty how they
will issue. Assure them of the continuance of our friendship, and
advise them in any event to remain quiet at home, taking no
part in our quarrel, and declaring unequivocally that if any nation
takes up the hatchet against us, we will drive them from the
land of their fathers, and never more permit their return. With
respect to the prophet, I really believe the opinion you formed
of his views is correct. But we have heard so many different
stories since, that we are awaiting some information which we
expect to receive before we make up a definitive opinion. This
much, however, we determine; and he might know that if we
become dissatisfied that his views are friendly, we shall extend
to him all the patronage and good offices in our power, and shall
establish a store in his new settlement; and particularly if we
find him endeavoring to reform the morality of the Indians, and
encourage them in industry and peace, we shall do what we can
to render his influence as extensive as possible. I had been in
hopes that a change in the British ministry would have produced
a revocation of the orders of council, which called for our embargo,
and an European peace, so as to have removed all danger
of our being dragged into the war. But our advices to the 14th
of March show they still retained a good majority in Parliament.
Should they continue in office, our peace will continue uncertain.
Accept my salutations, and assurances of great esteem and
respect.
April 30, 1808.
Case of the Fleusburg.
Our laws permit a foreigner to hold any property in our country,
except lands. A foreigner may contract for a ship to be
built for him, so that she will be his from the time of laying the
keel; or he may contract so as that she shall be his only when
launched, or when rigged, &c. The act of delivery to him or
his agents fixes, in that case, the moment when she becomes his
property. If the Fleusburg was delivered to the agent of the
Danish merchant, by such an act of delivery as by our laws will
transfer personal property, before the 22d of December, she was
then Danish property. The statement says that a bill of building
and sale, dated December 10th, proved her to be then Danish
property. If the collector shall find that she was actually
Danish property before December 22d, I should think her entitled
as a foreign vessel. I suppose she did not take out an American
register. This would be corroborative proof that, though built in
America, she was not meant to be, nor ever became, an American
bottom; for I presume the register is what completes the American
bottom. The matter of fact should be proved to the collector.
Rhode Island Packets.
The pretension that the navigation from Newport to New
York is entirely a navigation of rivers, bays, and sounds, would
take from language all kind of certainty. There is not one point
of the coast of Rhode Island, from which a perpendicular line
does not lead into the main ocean. A very small proportion of
these would lead across Block Island. But to say that Block
Island covers the whole coast from Martha's Vineyard to Long
Island, so as to make it a Sound, is too gross for any one who
casts his eyes on the maps. The difference of regulation, too,
between bay-craft and coasting vessels, since the act of April
25th, is very inconsiderable.
April 29, 1808.
Thomas Jefferson will thank General Dearborne to consider
the enclosed. The writer appears to have that sincere enthusiasm
for his undertaking which will ensure success. The education
of the common people around Detroit is a most desirable
object, and the proposition of extending their views to the teaching
the Indian boys and girls to read and write, agriculture and
mechanic trades to the former, spinning and weaving to the latter,
may perhaps be acceded to by us advantageously for the Indians,
and the bounties paid for them be an aid to the other objects
of the institution. Affectionate salutations.
April 30, 1808.
Notes on such parts of Fronda's letter of April 26th, 1808, as
are worth answering:—
I. I know of no recent orders to Governor Claiborne as to the
navigation of the Mississippi, Uberville, and Pontchartrain; he
should specify them, but he may be told that no order has ever
been given contrary to the rights of Spain. These rights are,
1st, a treaty right that "the ships of Spain coming directly from
Spain or her colonies, loaded only with the produce or manufactures
of Spain or her colonies, shall be admitted during the
space of twelve years in the ports of New Orleans, and in all
other legal ports of entry within the ceded territory, in the same
manner as the ships of the United States, &c." 2d. A right of
innocent passage from the mouth of the Mississippi to 31° of
latitude, exactly commensurate with our right of innocent passage
up the rivers of Florida to 31° of latitude.
II. In answer to his question whether we consider Mobile
among the ports of the United States, he may be told that so
long as we consider the question whether the Perdido is not the
eastern boundary of Louisiana, as continuing in a train of amicable
proceedings for adjustment, so long that part only of the
river Mobile, which is above 31° of latitude, will be considered
among the ports of the United States, withholding the exercise
of jurisdiction on our part within the disputed territory, on the
general principle of letting things remain in statu quo pendente
lite.
There is nothing else in this letter worth answering.
Washington, April 30, 1803.
Sir,—Your favor of the 11th of July came to hand a little before
the meeting of Congress, and soon after I received the apparatus
for stylographic writing, which you were so kind as to
send me, for which I pray you to receive my particular thanks.
The invention is certainly very ingenious, and while it compares
advantageously with all others in other circumstances, it
has an unrivalled preference as being so much more profitable. I
had never heard of the invention till your letter announced it,
for these novelties reach us very late, which renders your attentions
on the occasion more acceptable, and more entitled to the
acknowledgments which I now tender. The decrees and orders
of the belligerent nations having amounted nearly to declarations
that they would take our vessels wherever found. Congress
thought it best in the first instance to break off all intercourse
with them. They adjourned on Monday last, having passed an
act authorizing me to suspend the embargo whenever the belligerents
should revoke their decrees or orders as to us. The embargo
must continue, therefore, till they meet again in November,
unless the measures of the belligerents should change. When
they meet again, if these decrees and orders still continue, the
question which they will have to decide will be, whether a continuance
of the embargo or war will be preferable. In the meantime
great advances are making in the establishment of manufactures.
Those of cotton will, I think, be so far proceeded on,
that we shall never again have to recur to the importation of
cotton goods for our own use. I tender you my salutations, and
the assurances of my great respect.
Washington, May 2, 1808.
Dear General,—A safe conveyance offering by a special
messenger to Paris, I avail myself of it to bring up my arrears to
my foreign correspondents. I give them the protection of your
cover, but to save the trouble of your attention to their distribution,
I give them an inner cover to Mr. Harden, whose attentions
heretofore have encouraged me to ask this favor of him.
But should he not be with you, I must pray you to open my
packages to him, and have them distributed, as it is of importance
that some of them should be delivered without delay. I
shall say nothing to you on the subject of our foreign relations,
because you will get what is official on that subject from Mr.
Madison.
During the present paroxysm of the insanity of Europe, we
have thought it wisest to break off all intercourse with her. We
shall, in the course of this year, have all our seaports, of any
note, put into a state of defence against naval attacks. Against
great land armies we cannot attempt it but by equal armies. For
these we must depend on a classified militia, which will give us
the service of the class from twenty to twenty-six, in the nature
of conscripts, composing a body of about 250,000, to be specially
trained. This measure, attempted at a former session, was
passed at the last, and might, I think, have been carried by a
small majority. But considering that great innovations should
not be forced on a slender majority, and seeing that the general
opinion is sensibly rallying to it, it was thought better to let it
lie over to the next session, when, I trust, it will be passed.
Another measure has now twice failed, which I have warmly
urged, the immediate settlement by donation of lands, of such a
body of militia in the territories of Orleans and Mississippi, as
will be adequate to the defence of New Orleans. We are raising
some regulars in addition to our present force, for garrisoning our
seaports, and forming a nucleus for the militia to gather to.
There will be no question who is to be my successor. Of this
be assured, whatever may be said by newspapers and private
correspondences. Local considerations have been silenced by
those dictated by the continued difficulties of the times. One
word of friendly request: be more frequent and full in your
communications with us. I salute you with great friendship
and respect.
Washington, May 2, 1808.
My very dear General,—A safe conveyance offering by a
special messenger to Paris, Mr. Barnes has requested me to avail
you of it, by sending a remittance of a thousand dollars, for
which a draught is under cover. I shall not write to you on the
subject of our foreign relations, because of the dangers by sea
and the dangers by land. During the present paroxysm of
the insanity of Europe, we have thought it wisest to break off
all intercourse with her. We shall, in the course of this year,
have all our seaports of any note put into a state of defence
against naval attacks. Against great land armies we cannot attempt
it but by equal armies. For these we must depend on a
classified militia, which will give us the service of the class from
twenty to twenty-six, in the nature of conscripts, composing a
body of about 250,000, to be specially trained. This measure,
attempted at a former session, was passed at the last, and might,
I think, have been carried by a small majority; but considering
that great innovations should not be forced on slender majorities,
and seeing that the public opinion is sensibly rallying to it, it
was thought better to let it lie over to the next session, when I
trust it will be passed. Another measure has now twice failed,
which I have warmly urged, the immediate settlement by donation
of lands of such a body of militia in the territories of Orleans
and Mississippi, as will be adequate to the defence of New Orleans.
We are raising some regulars in addition to our present
force, for garrisoning our seaports, and forming a nucleus for the
militia to gather to. There will be no question who is to be my
successor. Of this be assured, whatever may be said by newspapers
and private correspondences; local considerations have
been silenced by those dictated by the continued difficulties of
the times. I salute you with sincere and constant friendship and
great respect.
May 3, 1808.
I enclose you a petition from a woman (Mary Barnett) who
complains that her son of thirteen years of age, is detained
against her will in the naval military service. Having never
before received an application of the kind in that department, I
know not what are the rules there. But in the land service we
have had many cases of enlistments of infants, and there the
law is considered to be, and our practice in conformity, as follows:
An infant is considered as incapable of binding himself
by enlistment, and may at any time be reclaimed by a parent,
guardian, next friend, or may quit of his own accord, on complaint
from a parent, &c. We direct the officer to inquire into the
fact of infancy, and if he believes him under age he discharges
him. If he believes him of full age, we advise the parent, &c.,
that he may take out a Habeas Corpus, and have the fact tried before
an impartial judge: if enlisted with the consent of the parent,
&c., it must be by indentures as prescribed by law for an apprentice
or servant, this being the only mode of obligation in
which the law will compel specific execution. In case of a verbal
or a common written subscription of engagement, even with
consent of the parent, damages only can be recovered for withdrawing
from it. I presume the rules in the Navy Department
must be the same, as we must conform ourselves to the law in
all departments. I directed the woman to call on me again to-morrow.
Will you be so good as to enable me to give her an
answer? Affectionate salutations.
Washington, May 4, 1808.
Sir,—I duly received your favor of April 18th, covering an
Act of the legislature of New York, appropriating $100,000 to
aid and expedite the defence of the city and port of New York,
and $20,000 to aid in and contribute to the defence of the northern
and western frontiers, and expressing a desire to receive an
opinion on the application of those sums.
In carrying into execution the provisions of Congress, at their
last session, for fortifying on a just view of the relative
importance of the places, combined with their degree of
exposure, and capability of defence, and in such way as to require
a moderate permanent force of regulars, relying much, in
case of sudden attack on the aid of the militia. Among the
objects of our care, New York stands foremost in the points of
importance and exposure; and, if permitted, we shall provide
such defences for it as, in our opinion, will render it secure
against attacks by sea. The particulars of what is proposed to
be done can be made known to you by Colonel Williams, as it
is probable these may not comprehend everything which the
anxieties of the citizens might think of service in their defence.
I suggest for your consideration, the idea of applying the fund
appropriated to this object, by your legislature, to such supplementary
provisions as in your judgment might be necessary to
render ours adequate to fulfil the views and confidence of your
citizens. Of this however, you are the best judge. But I cannot
omit to urge that no time should be lost in deciding on so
much of the plan proposed by the Secretary at War, as depends
on a cession from the State authorities.
It appears to me that it would be well to have a post on the
Saint Lawrence, as near our line as a commanding position could
be found, that it might afford some cover for our most advanced
inhabitants. But if a rupture takes place now, such a post would
too soon lose all its value, to be worth building at this time. It
is only in the event of a solid accommodation with Great Britain,
and their retaining their present possessions, that it might
become worthy of attention. I do not know that the $20,000
appropriated by the State of New York, "to aid in, and contribute
to, the defence of the northern and western frontiers,"
could be better applied than as supplementary to our provisions
in this quarter also. We cannot, for instance, deliver out our
arms to the militia, until called into the field. Yet it would be
a great security had every militia man on these frontiers a good
musket in his hands. However, here again your Excellency
is the best judge, and I have hazarded these ideas as to the application
of the appropriations, only on the wish you expressed
that I would do it, and on my own desire to interchange ideas
with frankness, and without reserve with those charged, in common
with myself with the public interests. I beg leave to tender
you the assurances of my high esteem and respect.
May 5, 1808.
Great and Good Friend,—Having learnt the safe arrival of
your Royal Highness at the city of Rio Janeiro, I perform with
pleasure the duty of offering you my sincere congratulations by
Mr. Hill, a respected citizen of the United States, who is specially
charged with the delivery of this letter.
I trust that this event will be as propitious to the prosperity of
your faithful subjects as to the happiness of your Royal Highness,
in which the United States of America have ever taken a lively
interest. Inhabitants now of the same land, of that great continent
which the genius of Columbus has given to the world, the
United States feel sensibly that they stand in new and closer relations
with your Royal Highness, and that the motives which
heretofore nourished the friendly relations which have so happily
prevailed, have acquired increased strength on the transfer of your
residence to their own shores. They see in prospect, a system
of intercourse between the different regions of this hemisphere
of which the peace and happiness of mankind may be the essential
principle. To this principle your long-tried adherence, for
the benefit of those you governed, in the midst of warring powers,
is a pledge to the new world that its peace, its free and
friendly intercourse, will be your chief concern. On the part of
the United States I assure you, that these which have hitherto
been their ruling objects, will be most particularly cultivated with
your Royal Highness and your subjects at Brazil, and they hope
that that country so favored by the gifts of nature, now advanced
to a station under your immediate auspices, will find, in the interchange
of mutual wants and supplies, the true aliment of an
unchanging friendship with the United States of America.
I pray to God, great and good friend, that in your new abode
you may enjoy health, happiness, and the affections of your people,
and that He will always have you in His safe and holy keeping.
Done at Washington, &c.
Washington, May 6, 1808.
Sir,—The evasions of the preceding embargo laws went so
far towards defeating their objects, and chiefly by vessels clearing
out coast-wise, that Congress, by their act of April 25th, authorized
the absolute detention of all vessels bound coast-wise with
cargoes exciting suspicions of an intention to evade those laws.
There being few towns on our sea-coast which cannot be
supplied with flour from their interior country, shipments of flour
become generally suspicious and proper subjects of detention.
Charleston is one of the few places on our seaboard which need
supplies of flour by sea for its own consumption. That it may
not suffer by the cautions we are obliged to use, I request of
your excellency, whenever you deem it necessary that your
present or any future stock should be enlarged, to take the trouble
of giving your certificate in favor of any merchant in whom you
have confidence, directed to the collector of any port, usually exporting
flour, from which he may choose to bring it, for any
quantity which you may deem necessary for consumption beyond
your interior supplies, enclosing to the Secretary of the
Treasury at the same time a duplicate of the certificate as a check
on the falsification of your signature. In this way we may secure
a supply of the real wants of our citizens, and at the same
time prevent those wants from being made a cover for the crimes
against their country which unprincipled adventurers are in the
habit of committing. I trust, too, that your excellency will find
an apology for the trouble I propose to give you, in that desire
which you must feel in common with all our worthy citizens,
that inconveniences encountered cheerfully by them for the interests
of their country, shall not be turned merely to the unlawful
profits of the most worthless part of society. I salute your
excellency with assurances of my high respect and consideration.
May 6, 1808.
In the outset of the business of detentions, I think it impossible
to form precise rules. After a number of cases shall have arisen
they may probably be thrown into groups and subjected to rules.
The great leading object of the Legislature was, and ours in execution
of it ought to be, to give complete effect to the embargo
laws. They have bidden agriculture, commerce, navigation, to
bow before that object, to be nothing when in competition with
that. Finding all their endeavors at general rules to be evaded,
they finally gave us the power of detention as the panacea, and
I am clear we ought to use it freely that we may, by a fair experiment,
know the power of this great weapon, the embargo.
Therefore, to propositions to carry flour into the Chesapeake,
the Delaware, the Hudson, and other exporting places, we should
say boldly it is not wanted there for consumption, and the carrying
it there is too suspicious to be permitted. In consequence
of the letters to the Governors of the flour-importing States, we
may also say boldly that there being no application from the
Governor is a proof it is not wanting in those States, and therefore
must not be carried. As to shuffling of cotton, tobacco,
flax seed, &c., from one port to another, it may be some trifling
advantage to individuals to change their property out of one form
into another, but it is not of a farthing's benefit to the nation at
large, and risks their great object in the embargo. The want of
these at a particular place should be very notorious to the collector
and others, to take off suspicion of illicit intentions. Dry
goods of Europe, coal, bricks, &c., are articles entirely without
suspicion. I hazard these things for your consideration, and I
send you a copy of the letter to the Governors, which may be
communicated in form to the collectors to strengthen the ground
of suspicion. You will be so good as to decide these cases yourself,
without forwarding them to me. Whenever you are clear
either way, so decide; where you are doubtful, consider me as
voting for detention, being satisfied that individuals ought to
yield their private interests to this great public object.
Monticello, May 12, 1808.
Dear Sir,—My journey and two days' detention on the road
by high waters, gave me time to reflect on our canal at New Orleans,
on which I will therefore hazard some thoughts.
I think it has been said that the Mississippi, at low water, is
many feet lower opposite New Orleans than Lake Pontchartrain.
But the fact is impossible, being in contradiction to the laws of
nature; two beds of dead water connected with the same ocean,
in vicinity to one another, must each be in the level of that
ocean, and consequently of one another. Although Pontchartrain
receives the Amite and some other small streams, they probably
do little more than supply its evaporation. No doubt, however,
that the lake must receive the small ebb and flow of the sea.
The Mississippi, on the contrary, even at its lowest tide, always
flows downwards to and beyond its mouth; it must, then, at New
Orleans, be one, two, or three feet higher than the sea, and consequently
than Pontchartrain.
If a simple canal were cut from that of Carondelet to the Mississippi
without lock or gate, there would be two risks. 1. That
in high water of the Mississippi the current would be too strong
for a gun-boat to ascend or descend. This might perhaps be
remedied by the draught of horses. 2. The force of such a current,
(unless the whole canal were lined with brick or masonry,)
might convert the canal into a bay, one of an unknown size, and
involve New Orleans in it.
On the whole, I suspect our plan is pretty obvious: suppose
we want six feet water; make a canal of that depth below the
lowest ebb of Pontchartrain from the lake to where the lock is to
be placed,—then bring a canal from the river to the lock, the
depth of which shall be six feet below the lowest water of the
Mississippi ever known; at the back there will be a descent,
suppose of one, two or three feet, or any other number. The
lock remedies that. If the lock were near the lake it would
lessen the work by giving nearly the whole length to the shallowest
canal, and it would probably be in a more tranquil and
safe situation. But it might be inconvenient, perhaps unsafe, to
the sides of the Mississippi canal, to permit such a depth of water
as would be in it, through its whole length, at the time of the
high water of that river. Of the best position, therefore, of the
lock, the superintendent must judge on the spot, as he must indeed
of the correctness of all the preceding conjectures, formed
without a knowledge of the localities. They are hazarded
merely to give us some fixed notions of the nature of the enterprize,
and are submitted to your consideration. I salute you
with affectionate respect.
Monticello, May 15, 1808.
Dear Sir,—I received yesterday the enclosed letter from a
Mr. Wood, of New York. I should suppose the fruits of Europe
stood nearly on the ground of the dry goods of Europe, not
tempting evasion by exorbitant prices, nor defeating the object
of the embargo in any important degree, even if a deviation
should take place. I send it to yourself for decision and answer,
in order that there may be an uniformity in the decisions. I am
really glad to find the collector so cautious, and hope others will
be equally so, and I place immense value in the experiment
being fully made, how far an embargo may be an effectual
weapon in future as well as on this occasion. I salute you
with affection and respect.
P. S. Will you send me sixteen copies of my letters to the
Governors of Orleans, Georgia, &c., which I think you proposed
to have printed? I will enclose it to the other governors with
explanations.
Monticello, May 17, 1808.
Dear Sir,—Yours of the 16th came to hand last night. As
the lead mines do not press in point of time, I would rather they
should be the subject of a conversation on my return. It is not
merely a question about the terms we have to consider, but the
expediency of working them. As to the Savannah revenue
cutter, I approve of the proposition in your letter, or whatever else
you may think proper to be done. The regular traders to New
Orleans may be admitted to go as usual, the characters of the
owners being known to be safe, and provisions and lumber being
excepted. Cotton perhaps may be permitted to be brought back
on the consideration that its price in Europe is not likely to be
such as that the adventurers may afford to pay all the forfeitures.
I presume Mr. Price's application, which I enclose you, will fall
under this general permission. Will you be so good as to have
the proper answer given him. If we change our rule of tonnage
for Mr. Murray's purpose, the next application will be for such a
rate of tonnage as will allow them to bring back their property
in the form of hay. General Dearborne has occasion to send a
vessel to Passamaquoddy with cannon for the batteries, and perhaps
provision for the troops, and has asked me to send him a
blank license. But as these licenses are not signed by me, I refer
him to you for the necessary arrangements.
I shall sincerely lament Cuba's falling into any hands but those
of its present owners. Spanish America is at present in the best
hands for us, and "Chi sta bene, non si muove" should be our
motto. I salute you with affection.
Monticello, May 19, 1808.
Dear Sir,—I now return you the papers reserved from the
last post. Our regular answer to Mr. Livingston may well be,
that the Attorney General having given an official opinion that
the right to the batture is in the United States, and the matter
being now referred to Congress, it is our duty to keep the grounds
clear of any adversary possession, until the Legislature shall decide
on it. I have carefully read Mr. Livingston's printed
memoir. He has shaken my opinion as to the line within the
road having been intended as a line of boundary instead of its
being a line of admeasurement only. But he establishes another
fact by the testimony of Fendeau, very fatal to his claim; to wit,
that the high-water mark, "batture, ou viennent battre les eaux
lorsqu elles sont dans leurs plus grandes croissances," is the universal
boundary of private grants on the river.
Your observations on his allegations that Gravier's grant must
be under the Spanish law, because after the cession of the province
by France to Spain, though before delivery of possession,
are conclusive. To which may be added, that Louis XIV.
having established the Constumes de Paris as the law of Louisiana,
this was not changed by the mere act of transfer; on the
contrary, the laws of France continued and continue to be the
law of the land, except where specially altered by some subsequent
edict of Spain or act of Congress. He has not in the least
shaken the doctrine that the bed of the river, and all the atterrissements
or banks which arise on it by the depositions of the
river, are the property of the King by a peculiarity in the law of
France; so that nothing quoted from those of Spain or the
Roman law is of authority on that point. Affectionate salutations.
Monticello, May 20, 1808.
Dear Sir,—I return you the papers of Fanning, Lesdernier,
and Sacket. With respect to Fanning's case, the true key for
the construction of everything doubtful in a law, is the intention
of the law-makers. This is most safely gathered from the
words, but may be sought also in extraneous circumstances, provided
they do not contradict the express words of the law. We
certainly know that the Legislature meant that vessels might go
out to bring home property, but not to commence a new career
of commerce. The bringing home the property being the main
object, if it be in an impracticable form, it expects the intention
of the law to let it be commuted into a practicable form; and so
from an inconvenient to a convenient form. To prevent any
abuse of this accommodation, by entering into a new operation
of commerce with it, the discretionary permission is left to the
President. I think the conversion of the sandal wood into a
more portable form in this case, is fulfilling the object of the
law, and that it is immaterial whether that be done in the
Friendly Islands, where the wood now is, or wherever by the
way it can be better done. Consequently, that permission may
be granted. I hope you will spare no pains or expense to bring
the rascals of Passamaquoddy to justice, and if more force be necessary,
agree on the subject with General Dearborne or Mr.
Smith, as to any aid they can spare, and let it go without waiting
to consult me. Let the successor to Sacket also be commissioned
without waiting for my opinion, which will be yours.
Should a pardon be granted to Russell, I generally but not invariably
require a recommendation from the judges. I shall be
ready to consider any propositions you may make for mitigating
the embargo law of April 25th, but so only as not to defeat the
object of the law. I shall be ready to make a distinction between
provisions, timber, naval stores, and such things, as by the
exaggerated prices they have got to in foreign markets, would
enable infactors to pay all forfeitures and still make great profit,
and cotton and such other articles as have not got to such prices.
I am for going substantially to the object of the law, and no
further; perhaps a little more earnestly because it is the first expedient,
and it is of great importance to know its full effect.
I salute you with constant affection and respect.
Monticello, May 20, 1808.
Dear Sir,—Yours of the 14th came to hand yesterday. I do
not see that we can avoid agreeing to estimates made by worthy
men of our own choice for the sites of fortifications, or that we
could leave an important place undefended because too much
is asked for the site. And therefore we must pay what the
sites at Boston have been valued at. At the same time I do not
know on what principles of reasoning it is that good men think
the public ought to pay more for a thing than they would themselves
if they wanted it. I salute you with affection and respect.
Monticello, May 20, 1808.
Sir,—I return you my thanks for the communication by your
letter of April 19th, of the resolutions of the Grand Jury of
Brunswick, approving of the embargo. Could the alternative of
war or the embargo have been presented to the whole nation,
as it occurred to their representatives, there could have been but
the one opinion that it was better to take the chance of one year
by the embargo, within which the orders and decrees producing
it may be repealed, or peace take place in Europe, which may
secure peace to us. How long the continuance of the embargo
may be preferable to war, is a question we shall have to meet,
if the decrees and orders and war continue. I am sorry that in
some places, chiefly on our northern frontier, a disposition even
to oppose the law by force has been manifested. In no country
on earth is this so impracticable as in one where every man
feels a vital interest in maintaining the authority of the laws,
and instantly engages in it as in his own personal cause. Accordingly,
we have experienced this spontaneous aid of our good
citizens in the neighborhoods where there has been occasion, as
I am persuaded we ever shall on such occasions. Through the
body of our country generally our citizens appear heartily to approve
and support the embargo. I am also to thank you for the
communication of the Wilmington proceedings, and I add my
salutations and assurances of great respect.
Monticello, May 24, 1807.
Dear Sir;— * * * * *
What has been already said on the subject of Casa Calvo, Yrujo,
Miranda, is sufficient, and that these should be seriously brought
up again argues extreme weakness in Cavallos, or a plan to keep
things unsettled with us. But I think it would not be amiss to
take him down from his high airs as to the right of the sovereign
to hinder the upper inhabitants from the use of the Mobile,
by observing, 1st, that we claim to be the sovereign, although
we give time for discussion. But 2d, that the upper inhabitants
of a navigable water have always a right of innocent
passage along it. I think Cavallos will not probably be the
minister when the letter arrives at Madrid, and that an eye to
that circumstance may perhaps have some proper influence on
the style of the letter, in which, if meant for himself, his hyperbolic
airs might merit less respect. I think too that the truth as
to Pike's mission might be so simply stated as to need no argument
to show that (even during the suspension of our claims to
the eastern border of the Rio Norte) his getting on it was mere
error, which ought to have called for the setting him right, instead
of forcing him through the interior country. [Sullivan's
letter.] His view of things for some time past has been entirely
distempered.
Cathcart's, Ridgeley's, Navour's, Degen's, Appleton's, Lee's,
and Baker's letters, are all returned. I salute you with great affection
and respect.
Monticello, May 25, 1808.
Dear Sir,—There is a subject on which I wished to speak
with you before I left Washington; but an apt occasion did not
occur. It is that of your continuance in office. Perhaps it is
as well to submit my thoughts to you by letter. The present
summer is too important in point of preparation, to leave your
department unfilled, for any time, as I once thought might be
done; and it would be with extreme reluctance that, so near the
time of my own retirement, I should proceed to name any high
officer, especially one who must be of the intimate councils of
my successor, and who ought of course to be in his unreserved
confidence. I think too it would make an honorable close of
your term as well as mine, to leave our country in a state of
substantial defence, which we found quite unprepared for it.
Indeed, it would for me be a joyful annunciation to the next
meeting of Congress, that the operations of defence are all complete.
I know that New York must be an exception; but perhaps
even that may be closed before the 4th of March, when
you and I might both make our bow with approbation and satisfaction.
Nor should I suppose that under present circumstances,
anything interesting in your future office could make it important
for you to repair to its immediate occupation. In February
my successor will be declared, and may then, without reserve,
say whom he would wish me to nominate to the Senate in your
place. I submit these circumstances to your consideration, and
wishing in all things to consult your interests, your fame and
feelings, it will give me sincere joy to learn that you will "watch
with me to the end." I salute you with great affection and respect.
Monticello, May 25, 1808.
Dear Sir,—I received your favor of April 22d a little before
I was to leave Washington, much engaged with despatching
the business rendered necessary by the acts of Congress just
risen, and preparatory to a short visit to this place. Here
again I have been engrossed with some attentions to my own
affairs, after a long absence, added to the public business which
presses on me here as at Washington. I mention these things to
apologize for the long delay of an answer to the address of the Democratic
republicans of Philadelphia, enclosed in your letter, and
which has remained longer unanswered than I wished. I have
been happy in my journey through the country to this place, to
find the people unanimous in their preference of the embargo to
war, and the great sacrifice they make, rendered a cheerful one
from a sense of its necessity.
Whether the pressure on the throne from the suffering people
of England, and of their Islands, the conviction of the dishonorable
as well as dishonest character of their orders of council, the
strength of their parliamentary opposition, and remarkable weakness
of the defence of their ministry, will produce a repeal of
these orders and cessation of our embargo, is yet to be seen.
To nobody will a repeal be so welcome as to myself. Give us
peace till our revenues are liberated from debt, and then, if war
be necessary, it can be carried on without a new tax or loan, and
during peace we may chequer our whole country with canals,
roads, &c. This is the object to which all our endeavors should
be directed. I salute you with great friendship and respect.
Monticello, May 27, 1808.
Dear Sir,—I received yesterday yours of the 23d, and now
return you Woolsey's and Astor's letters. I send you one also
which I have received from a Mr. Thorne, on the evasions of the
embargo on Lake Champlain. The conduct of some of our officers
there, and of some excellent citizens, has been very meritorious,
and I will thank you to express any degree of approbation
you think proper, in my name, for Captain Mayo. Woolsey
appears also to deserve assurances of approbation. If you think
Thorne's suggestion of some militia at Point au Fer necessary
and proper, be so good as to consult General Dearborne, who will
give any order you and he approve. With respect to the coasting
trade, my wish is only to carry into full effect the intentions
of the embargo laws. I do not wish a single citizen in any of
the States to be deprived of a meal of bread, but I set down the
exercise of commerce, merely for profit, as nothing when it carries
with it the danger of defeating the objects of the embargo.
I have more faith, too, in the Governors. I cannot think that
any one of them would wink at abuses of that law. Still, I like
your circular of the 20th, and the idea there brought forward of
confining the shipment to so small a proportion of the bond as
may correspond with the exaggeration of price and foreign markets,
and thus restrain the adventurer from gaining more than he
would lose by dishonesty. Flour, by the latest accounts, I have
observed, sold at about eight times its cost here, while the legal
penalties are but about three prices—by restraining them to an
eighth they will be balanced. But as prices rise must not our
rules be varied? Had the practicability of this mode of restraint
occurred before the recurrence to the Governors, I should
have preferred it, because it is free from the objection of favoritism
to which the Governors will be exposed, and if you find it
work well in practice, we may find means to have the other
course discontinued. Our course should be to sacrifice everything
to secure the effect of the law, and nothing beyond that.
I enclose you an application of Neilson & Son, to which you
will please to have given whatever answer is conformable to general
rules. The petition of Gardner and others, masters of the
Rhode Island packet ships, which I enclose you, does not specify
the particular act required from us for their relief. If it be to
declare that the open sea in front of their coast is a bay or a
river, the matter of fact, as well as the law, renders that impossible.
I really think it desirable to relieve their case, in any way
which is lawful, because it is one, which though embraced by
the words of the law, is not within its object. You mention
that a principal method of evading the embargo is by loading
secretly and going off without clearance. The naval department
must aid us against this. As I shall leave this for Washington
in about ten or twelve days, I now desire the post-office there to
send no letters to this place after receiving this notice. All further
matters relative to the embargo will therefore be answered
verbally as soon as they could by letter. I salute you with great
affection and respect.
Monticello, May 29, 1808.
Dear Sir,—I received the favor of your letter, written soon
after your arrival, a little before I left Washington, and during a
press of business preparatory to my departure on a short visit to
this place; this has prevented my earlier congratulations to you
on your safe return to your own country. There, judging from
my own experience, you will enjoy much more of the tranquil
happiness of life, than is to be found in the noisy scenes of the
great cities of Europe. I am also aware that you had at Paris
additional causes of disquietude; these seem inseparable from
public life, and, indeed, are the greatest discouragements to entering
into or continuing in it. Perhaps, however, they sweeten
the hour of retirement, and secure us from all dangers of regret.
On the subject of that disquietude, it is proper for me only to say
that, however unfortunate the incident, I found in it no cause of
dissatisfaction with yourself, nor of lessening the esteem I entertain
for your virtues and talents; and, had it not been disagreeable
to yourself, I should have been well pleased that you could
have proceeded on your original destination.
While I thank you for the several letters received from you
during your absence, I have to regret the miscarriage of some of
those I wrote you. Not having my papers here, I cannot cite
their dates by memory; but they shall be the subject of another
letter on my return to Washington.
You find us on your return in a crisis of great difficulty. An
embargo had, by the course of events, become the only peaceable
card we had to play. Should neither peace, nor a revocation
of the decrees and orders in Europe take place, the day
cannot be distant when that will cease to be preferable to open
hostility. Nothing just or temperate has been omitted on our
part, to retard or to avoid this unprofitable alternative. Our situation
will be the more singular, as we may have to choose between
two enemies, who have both furnished cause of war. With one
of them we could never come into contact; with the other great
injuries may be mutually inflicted and received. Let us still
hope to avoid, while we prepare to meet them.
Hoping you will find our cloudless skies and benign climate
more favorable to your health than those of Europe, I pray you
to accept my friendly salutations, and assurances of great esteem
and consideration.
Monticello, May 31, 1808.
Dear Sir,—I return you all the papers received from you by
yesterday's mail, except Mr. Burnley's, which I shall send by the
Secretary at War. Although all the appointments below field-officers
are made, it is possible some may decline, and open a
way for new competition. I have observed that Turreau's letters
have for some time past changed their style unfavorably. I
believe this is the first occasion he has had to complain of French
deserters being enlisted by us, and if so, the tone of his application
is improper. The answer to him, however, is obvious as to
our laws and instructions, and the discharge, not delivery, of the
men, for which purpose I presume you will write a line to the
Secretary at War. Woodward's scruples are perplexing. And
they are unfounded, because, on his own principle, if a law requires
an oath to be administered, and does not say by whom,
he admits it may be any judge; if, therefore, it names a person
no longer in existence, it is as if it named nobody. On this construction
all the territories have practised, and all the authorities
of the national government,—even the Legislature. It was wrong
on a second ground; no judge ever refusing to administer an
oath in any useful case, although he may not consider it
as strictly judicial. If it may be valid or useful, he administers
"ut valeat quantum valer potest." But what is to be done?
Would it not be well for you to send the case to the Attorney
General, and get him to enclose his opinion to Governor Hull,
who will use it with Judge Witherall, or some territorial judge or
justice?
With the quarrel of Judge Vandeberg and his bar we cannot
intermeddle. Mercer's querulous letter is an unreasonable one.
How could his offer of service be acted on, but by putting it in
the hands of those who were to act on all others?
I shall to-day direct the post-rider not to continue his route to
this place after to-day, and to take your orders as to the time you
would wish him to continue coming to you. I salute you with
affectionate esteem and respect.
Washington, June 15, 1808.
Sir,—I have considered the letter of the director of the mint,
stating the ease with which the errors of Commodore Truxton's
medal may be corrected on the medal itself, and the unpracticability
of doing it on the die. In my former letter to you on this
subject, I observed that to make a new die would be a serious
thing, requiring consideration. In fact, the first die having been
made by authority of the Legislature, the medal struck, accepted,
and acquiesced in for so many years, the powers given by that
law are executed and at an end, and a second law would be requisite
to make a second die or medal. But I presume it will be
quite as agreeable to Commodore Truxton to have his medal corrected
in one way as another, if done equally well, and it certainly
may be as well or better done by the graver, and with
more delicate traits. I remember it was the opinion of Doctor
Franklin that where only one or a few medals were to be made,
it was better to have them engraved.
The medal being corrected, the die becomes immaterial. That
has never been delivered to the party, the medal itself being the
only thing voted to him. I say this on certain grounds, because
I think this and Preble's are the only medals given by the United
States which have not been made under my immediate direction.
The dies of all those given by the old Congress, and made at
Paris, remain to this day deposited with our bankers at Paris.
That of General Lee, made in Philadelphia, was retained in the
mint. I mention this not as of consequence whether the die be
given or retained, but to show that there can be no claim of the
party to it, or consequently to its correction. I think, therefore,
the medal itself should be corrected by Mr. Reich; that this is as
far as we can stretch our authority, and I hope it will be satisfactory
to the Commodore. I salute you with constant affection
and respect.
Washington, June 19, 1808.
Sir,—Your favor of the 4th was received on my return to
this place, and the proposition of your correspondent on the subject
of fortification was referred to the Secretary at War, where
office and qualifications make him the proper judge of it. I enclose
you his answer. The same prudence which in private life
would forbid our paying our own money for unexplained projects,
forbids it in the dispensation of the public moneys. It is
not enough that an individual and an unknown one says and
even thinks he has made a discovery of the magnitude announced
on this occasion. Not only explanation, but the actual
experiment must be required before we can cease to doubt
whether the inventor is not deceived by some false or imperfect
view of his subject. Still your patriotic attention to bring such
a proposition under our notice, that it might be applied to the
public good, if susceptible of it, is praiseworthy, and I return you
thanks for it with the assurances of my esteem and respect.
Washington, June 19, 1808.
Sir,—I thank you for the pamphlet containing your ideas
on the subject of canals constructed of wood; but it is not in my
power to give any definite opinion of its national importance.
If there exists a cement which used as a lining for cisterns and
aqueducts, renders them impermeable to water, (and it is affirmed
that in France they are in the possession and use of such an
one,) then it becomes the common question whether constructions
of wood, brick, or rough stone are cheapest in the end?
A question on which every man possesses materials for forming
his judgment. I suspect it is the supposed necessity of using
hewn stone in works of this kind which has had the greatest
effect in discouraging their being undertaken. I tender you my
salutations and respects.
Washington, June 21, 1808.
Sir,—Your favor of May 30th was delivered me on my return
to this place, and I now enclose the prospectus of Clarkson's history
with my subscription to it. I have perused with great satisfaction
the Report of the Committee for the African institution.
The sentiments it breathes are worthy of the eminent characters
who compose the institution, as are also the generous cares they
propose to undertake. I wish they may begin their work at the
right end. Our experience with the Indians has proved that letters
are not the first, but the last step in the progression from
barbarism to civilization. Our Indian neighbors will occupy
all the attentions we may spare, towards the improvement of
their condition. The four great Southern tribes are advancing
hopefully. The foremost are the Cherokees, the upper settlements
of whom have made to me a formal application to be
received into the Union as citizens of the United States, and to
be governed by our laws. If we can form for them a simple
and acceptable plan of advancing by degrees to a maturity for
receiving our laws, the example will have a powerful effect towards
stimulating the other tribes in the same progression, and
will cheer the gloomy views which have overspread their minds
as to their own future history. I salute you with friendship and
great respect.
Washington, June 22d, 1808.
Thomas Jefferson returns his thanks to Mr. Franklin for the
address to the Society of Friends which he was so kind as to
send him. The appeal both to facts and principles is strong,
and their consistency will require an able advocate. Conscious
that the present administration has been essentially pacific, and
that in all questions of importance it has been governed by the
identical principles professed by that Society, it has been quite
at a loss to conjecture the unknown cause of the opposition of
the greater part, and bare neutrality of the rest. The hope however
that prejudices would at length give way to facts, has never
been entirely extinguished, and still may be realized in favor of
another administration.
Washington, June 23, 1808.
Sir,—I have duly received your favor covering a copy of the
talk to the Tammany society, for which I thank you, and particularly
for the favorable sentiments expressed towards myself.
Certainly, nothing will so much sweeten the tranquillity and comfort
of retirement, as the knowledge that I carry with me the
good will and approbation of my republican fellow citizens, and
especially of the individuals in unison with whom I have so long
acted. With respect to the federalists, I believe we think alike;
for when speaking of them, we never mean to include a worthy
portion of our fellow citizens, who consider themselves as in duty
bound to support the constituted authorities of every branch, and
to reserve their opposition to the period of election. These having
acquired the appellation of federalists, while a federal administration
was in place, have not cared about throwing off their
name, but adhering to their principle, are the supporters of the
present order of things. The other branch of the federalists,
those who are so in principle as well as in name, disapprove of
the republican principles and features of our Constitution, and
would, I believe, welcome any public calamity (war with England
excepted) which might lessen the confidence of our country
in those principles and forms. I have generally considered them
rather as subjects for a mad-house. But they are now playing a
game of the most mischievous tendency, without perhaps being
themselves aware of it. They are endeavoring to convince England
that we suffer more by the embargo than they do, and if
they will but hold out awhile, we must abandon it. It is true,
the time will come when we must abandon it. But if this is
before the repeal of the orders of council, we must abandon it
only for a state of war. The day is not distant, when that will
be preferable to a longer continuance of the embargo. But we
can never remove that, and let our vessels go out and be taken
under these orders, without making reprisal. Yet this is the
very state of things which these federal monarchists are endeavoring
to bring about; and in this it is but too possible they may
succeed. But the fact is, that if we have war with England, it
will be solely produced by their manœuvres. I think that in two
or three months we shall know what will be the issue.
I salute you with esteem and respect.
June 24, 1808.
Thomas Jefferson presents his compliments to General Wilkinson,
and in answer to his letters of yesterday observes that during
the course of the Burr conspiracy, the voluminous communications
he received were generally read but once and then committed
to the Attorney General, and were never returned to him.
It is not in his power, therefore, to say that General Wilkinson
did or did not denounce eminent persons to him, and still less
who they were. It was unavoidable that he should from time
to time mention persons known or supposed to be accomplices of
Burr, and it is recollected that some of these suspicions were
corrected afterwards on better information. Whether the undefined
term denunciation goes to cases of this kind or not Thomas
Jefferson does not know, nor could he now name from recollection
the persons suspected at different times. He salutes General
Wilkinson respectfully.
June 24, 1808.
Dear Sir,—The information given to me by Mrs. Paradise
of letters to me from her grandsons, is without foundation. I
have not for many years heard a tittle respecting the family at
Venice. Should any information respecting them come to me I
will certainly communicate it to Mrs. Paradise.
That the embargo is approved by the body of republicans
through the Union, cannot be doubted. It is equally known
that a great proportion of the federalists approve of it; but as
they think it an engine which may be used advantageously
against the republican system, they countenance the clamors
against it. I salute you with great friendship and respect.
July 4, 1808.
General Turreau's application for two vessels to carry French
subjects to France, must, I think, be granted, because under
present circumstances we ought not on slight grounds to dissatisfy
either belligerent. The vessels may be back before winter, and
their only danger will be of stoppage by the English, who, however,
have no right but to take out the French subjects.
At the same time, I think it would be well to say to General
Turreau that we reluctantly let our seamen be exposed to capture,
or perhaps to a voluntary engagement with one of the belligerents:
that we rely, therefore, on his so proportioning the vessels
to the number of passengers as merely to give them a reasonable
accommodation. It would be well, too, that he should inform
us after their departure, of the number of persons sent in them.
Affectionate salutes.
Washington, July 9, 1808.
Sir,—I have lately seen a printed report of the committee of
the Canal company of New Orleans, stating the progress and
prospects of their enterprize. In this the United States feel a
strong interest, inasmuch as it will so much facilitate the passage
of our armed vessels out of the one water into the other. For
this purpose, however, there must be at least five and a half feet
water through the whole line of communication from the lake to
the river. In some conversations with Mr. Clark on this subject
the winter before last, there was a mutual understanding that the
company would complete the canal, and the United States would
make the locks. This we are still disposed to do; and so anxious
are we to get this means of defence completed, that to hasten
it we would contribute any other encouragement within the
limits of our authority which might produce this effect. If, for
instance, the completion of it within one year could be insured
by our contributing such a sum as one or two thousand dollars a
month to the amount of twenty thousand dollars, in the whole,
we might do it, requiring as a consideration for our justification
that the vessels of the United States should always pass toll-free.
The object of this letter is to sound the principal members, without
letting them know you do it by instruction from us, and to
find out what moderate and reasonable aid on our part would be
necessary to get a speedy conclusion of the work, and in what
form that aid would be most useful, and to be so good as to communicate
it to me as soon as the knowledge is obtained by yourself.
I should be glad to learn, at the same time, what is the
perpendicular height of the top of the levee above the surface of
the water in the Mississippi in its lowest state. Five and a half
feet below this would be indispensable for our purposes. I salute
you with great esteem and respect.
July 12, 1808.
1. (Peyton Skipwith's letter.) I approve of the proposition
to authorize the collector of St. Mary's or Savannah to permit
vessels to bring to St. Mary's such supplies as in his opinion are
really wanted for the individuals applying, and where he has
entire confidence no fraud will be committed. But the vessels
should be reasonably proportioned to the cargo. Should this
be extended to Passamaquoddy?
2. (The cases of detention by Gelston and Turner.) The
Legislature finding that no general rules could be formed which
would not be evaded by avarice and roguery, finally authorized
the collector, if there were still circumstances of suspicion, to detain
the vessel. Wherever, therefore, the collector is impressed
with suspicion, from a view of all circumstances, which are often
indescribable, I think it proper to confirm his detention. It
would be only where, from his own showing, or other good information,
prejudice or false views biassed his judgment, that I
should be disposed to countermand his detention.
3. The declaration of the bakers of New York, that their
citizens will be dissatisfied, under the present circumstances of
their country, to eat bread of the flour of their own State, is
equally a libel on the produce and citizens of the State. The
citizens have certainly a right to speak for themselves on such
occasions, and when they do we shall be able to judge whether
their numbers or characters are such as to be entitled to a sacrifice
of the embargo law. If this prevails, the next application
will be for vessels to go to New York for the pippins of that
State, because they are higher flavored than the same species of
apples growing in other States.
4. We should by all means appoint a new collector at Sackett's
Harbor. If the Governor knows nobody there who can be depended
on, can he not find some faithful man in the city or
country who would consider the emoluments acceptable, such as
they are?
5. The seizure by Mr. Illsley not being under the embargo
law, will take its course. With respect to the aid of gun-boats,
desired by him and Mr. Holmes of Sunbury, or any military aid,
that can always be settled directly between Mr. Gallatin and the
Secretaries of the Navy or War. Both those gentlemen know
our extreme anxiety to give a full effect to the important experiment
of the embargo, at any expense within the bounds of
reason, and will, on the application of Mr. Gallatin, yield the aid
of their departments without waiting the delay of consulting
me.
I have gone a little into the grounds of these opinions, in order
that there being a mutual understanding on these subjects, Mr.
Gallatin during the time of our separation may decide on the
cases occurring, without the delay of consulting me at such a
distance. My principle is that the conveniences of our citizens
shall yield reasonably, and their taste greatly to the importance
of giving the present experiment so fair a trial that on future occasions
our legislators may know with certainty how far they
may count on it as an engine for national purposes.
Washington, July 14, 1808.
Sir,—If my recollection does not deceive me, the collection
of the remains of the animal incognitum of the Ohio (sometimes
called mammoth), possessed by the Cabinet of Natural History
at Paris, is not very copious. Under this impression, and presuming
that this Cabinet is allied to the National Institute, to
which I am desirous of rendering some service, I have lately
availed myself of an opportunity of collecting some of those remains.
General Clarke (the companion of Governor Lewis in
his expedition to the Pacific Ocean) being, on a late journey, to
pass by the Big-bone Lick of the Ohio, was kind enough to undertake
to employ for me a number of laborers, and to direct
their operations in digging for these bones at this important deposit
of them. The result of these researches will appear in the
enclosed catalogue of specimens which I am now able to place
at the disposal of the National Institute. An aviso being to leave
this place for some port of France on public service, I deliver the
packages to Captain Haley, to be deposited with the Consul of
the United States, at whatever port he may land. They are addressed
to Mr. Warden of our legation at Paris, for the National
Institute, and he will have the honor of delivering them. To
these I have added the horns of an animal called by the natives
the Mountain Ram, resembling the sheep by his head, but more
nearly the deer in his other parts; as also the skin of another
animal, resembling the sheep by his fleece but the goat in his
other parts. This is called by the natives the Fleecy Goat, or in
the style of the natural historian, the Pokotragos. I suspect it to
be nearly related to the Pacos, and were we to group the fleecy
animals together, it would stand perhaps with the Vigogne, Pacos,
and Sheep. The Mountain Ram was found in abundance by
Messrs. Lewis and Clarke on their western tour, and was frequently
an article of food for their party, and esteemed more
delicate than the deer. The Fleecy Goat they did not see, but
procured two skins from the Indians, of which this is one. Their
description will be given in the work of Governor Lewis, the
journal and geographical part of which may be soon expected
from the press; but the parts relating to the plants and animals
observed in his tour, will be delayed by the engravings. In the
meantime, the plants of which he brought seeds, have been very
successfully raised in the botanical garden of Mr. Hamilton of
the Woodlands, and by Mr. McMahon, a gardener of Philadelphia;
and on the whole, it is with pleasure I can assure you that the
addition to our knowledge in every department, resulting from
this tour of Messrs. Lewis and Clarke, has entirely fulfilled my
expectations in setting it on foot, and that the world will find
that those travellers have well earned its favor. I will take care
that the Institute as well as yourself shall receive Governor
Lewis's work as it appears.
It is with pleasure I embrace this occasion of returning you
my thanks for the favor of your very valuable works, sur les
poissons et les cetacées, which you were so kind as to send me
through Mr. Livingston and General Turreau, and which I find
entirely worthy of your high reputation in the literary world.
That I have not sooner made this acknowledgment has not proceeded
from any want of respect and attachment to yourself, or
a just value of your estimable present, but from the strong and
incessant calls of duty to other objects. The candor of your
character gives me confidence of your indulgence on this head,
and I assure you with truth that no circumstances are more welcome
to me than those which give me the occasion of recalling
myself to your recollection, and of renewing to you the assurances
of sincere personal attachment, and of great respect and
consideration.
Contents of the large square Box.
A Fibia.
A Radius.
Two ribs belonging to the upper part of the thorax.
Two ribs from a lower part of the thorax.
One entire vertebra.
Two spinous processes of the vertebra broken from the bodies.
Dentes molares, which appear to have belonged to the full-grown
animal.
A portion of the under-jaw of a young animal with two molar
teeth in it.
These teeth appear to have belonged to a first set, as they are
small, and the posterior has but three grinding ridges, instead of
five, the common number in adult teeth of the lower jaw.
Another portion of the under-jaw, including the symphisis, or
chin. In this portion the teeth of one side are every way complete;
to wit, the posterior has five transverse ridges, and the anterior
three.
A fragment of the upper-jaw with one molar tooth much
worn.
Molar teeth which we suppose to be like those of the mammoth
or elephant of Siberia. They are essentially different
from those of the mammoth or elephant of this country, and although
similar in some respects to the teeth of the Asiatic elephant,
they agree more completely with the description of the
teeth found in Siberia in the arrangement and size of the transverse
lamina of enamel. This idea, however, is not derived from
actual comparison of the different teeth with each other, for we
have no specimens of Siberian teeth in this country; but from
inferences deduced from the various accounts and drawings of
these teeth to be found in books. A few of these teeth have
been found in several places where the bones of the American
animal have existed.
An Astragalus.
An Oscalcis.
Os naviculare.
In the large box in which the preceding bones are, is a small
one containing a promiscuous mass of small bones, chiefly of the
feet.
In the large irregular-shaped box, a tusk of large size. The
spiral twist in all the specimens of these tusks which we have
seen, was remarked so long ago as the time of Breyneus, in his
description of the tusks of the Siberian mammoth in the Philosophical
Transactions, if that paper is rightly recollected, for the
book is not here to be turned to at present. Many fragments of
tusks have been sent from the Ohio, generally resembling portions
of such tusks as are brought to us in the course of commerce.
But of these spiral tusks, in a tolerable complete state,
we have had only four. One was found near the head of the
north branch of the Susquehanna. A second possessed by Mr.
Peale, was found with the skeleton, near the Hudson. A third
is at Monticello, found with the bones of this collection at the
Big-bone lick of Ohio, and the fourth is that now sent for the
Institute, found at the same place and larger than that at
Monticello.
The smallest box contains the horns of the mountain ram,
and skin of the fleecy goat.
Washington, July 15, 1808.
Sir,—I had received from you on a former occasion the four
first volumes of the Memoirs of the Agricultural Society of the
Seine, and since that, your letter of September 19th, with the
6th, 7th, 8th, and 9th volumes, being for the years 1804 '5 '6
with some separate memoirs. These I have read with great
avidity and satisfaction, and now return you my thanks for them.
But I owe particular acknowledgments for the valuable present
of the Theatre de De Serres, which I consider as a prodigy for
the age in which it was composed, and shows an advancement
in the science of agriculture which I had never suspected to
have belonged to that time. Brought down to the present day
by the very valuable notes added, it is really such a treasure of
agricultural knowledge, as has not before been offered to the
world in a single work.
It is not merely for myself, but for my country, that I must
do homage to the philanthropy of the Society, which has dictated
their destination for me of their newly-improved plough.
I shall certainly so use it as to answer their liberal views, by
making the opportunities of profiting by it as general as possible.
I have just received information that a plough addressed to me
has arrived at New York, from England, but unaccompanied
by any letter or other explanation. As I have had no intimation
of such an article to be forwarded to me from that country,
I presume it is the one sent by the Society of the Seine, that it
has been carried into England under their orders of council, and
permitted to come on from thence. This I shall know within a
short time. I shall with great pleasure attend to the construction
and transmission to the Society of a plough with my mould
board. This is the only part of that useful instrument to which
I have paid any particular attention. But knowing how much
the perfection of the plough must depend, 1st, on the line of
traction; 2d, on the direction of the share; 3d, on the angle
of the wing; 4th, on the form of the mould-board; and persuaded
that I shall find the three first advantages eminently exemplified
in that which the Society sends me, I am anxious to
see combined with these a mould-board of my form, in the hope
it will still advance the perfection of that machine. But for this
I must ask time till I am relieved from the cares which have now
a right to all my time, that is to say, till the next Spring. Then
giving, in the leisure of retirement, all the time and attention
this construction merits and requires, I will certainly render to
the Society the result in a plough of the best form I shall be
able to have executed. In the meantime, accept for them and
yourself the assurances of my high respect and consideration.
Washington, July 15, 1808.
Sir,—I have duly received your favor of March 28th, and
with it your treatises on the culture of the sugar cane and cotton
plant in France. The introduction of new cultures, and especially
of objects of leading importance to our comfort, is certainly
worthy the attention of every government, and nothing
short of the actual experiment should discourage an essay of
which any hope can be entertained. Till that is made, the
result is open to conjecture; and I should certainly conjecture
that the sugar cane could never become an article of profitable
culture in France. We have within the ancient limits of the
United States, a great extent of country which brings the
orange to advantage, but not a foot in which the sugar cane can
be matured. France, within its former limits, has but two
small spots, (Olivreles and Hieres) which brings the orange in
open air, and à fortiori, therefore, none proper for the cane. I
should think the sugar-maple more worthy of experiment.
There is no part of France of which the climate would not admit
this tree. I have never seen a reason why every farmer
should not have a sugar orchard, as well as an apple orchard.
The supply of sugar for his family would require as little ground,
and the process of making it as easy as that of cider. Mr.
Micheaux, your botanist here, could send you plants as well as
seeds, in any quantity from the United States. I have no doubt
the cotton plant will succeed in some of the southern parts of
France. Whether its culture will be as advantageous as those
they are now engaged in, remains to be tried. We could, in the
United States, make as great a variety of wines as are made in
Europe, not exactly of the same kinds, but doubtless as good.
Yet I have ever observed to my countrymen, who think its introduction
important, that a laborer cultivating wheat, rice, tobacco,
or cotton here, will be able with the proceeds, to purchase
double the quantity of the wine he could make. Possibly the
same quantity of land and labor in France employed on the rich
produce of your Southern counties, would purchase double the
quantity of the cotton they would yield there. This however
may prove otherwise on trial, and therefore it is worthy the
trial. In general, it is a truth that if every nation will employ
itself in what it is fittest to produce, a greater quantity will be
raised of the things contributing to human happiness, than if
every nation attempts to raise everything it wants within itself.
The limits within which the cotton plant is worth cultivating
in the United States, are the Rappahanock river to the north,
and the first mountains to the west. And even from the Rappahanock
to the Roanoke, we only cultivate for family use, as it
cannot there be afforded at market in competition with that of
the more Southern region. The Mississippi country, also within
the same latitudes, admits the culture of cotton.
The superficial view I have yet had time to take of your
treatise on the cotton plant, induces a belief that it is rich and
correct in its matter, and contains a great fund of learning on
that plant. When retired to rural occupations, as I shall be ere
long, I shall profit of its contents practically, in the culture of
that plant merely for household manufacture. In that situation,
too, I shall devote myself to occupations much more congenial
with my inclinations, than those to which I have been called by
the character of the times into which my lot was cast. About to
be relieved from this corvée by age and the fulfilment of the
quadragena stipendia, what remains to me of physical activity
will chiefly be employed in the amusements of agriculture.
Having little practical skill, I count more on the pleasures than
the profits of that occupation. They will give me, too, the leisure
which my present situation nearly denies, of rendering such
services as may be within my means, to the Institute, the Agricultural
Society of the Seine, to yourself, and such other worthy
individuals as may find any convenience in a correspondence
here. I shall then be able particularly to fulfil the wishes expressed,
of my sending to the Society of Agriculture a plough
with my mould-board. Perhaps I may be able to add some other
implements, peculiar to us, to the collection which I perceive
that the Society is making. I salute you, Sir, with assurances
of great esteem and respect.
Washington, July 16, 1808.
Dear Sir,—Complaints multiply upon us of evasions of the
embargo laws, by fraud and force. These come from Newport,
Portland, Machias, Nantucket, Martha's Vineyard, &c., &c. As
I do consider the severe enforcement of the embargo to be of an
importance, not to be measured by money, for our future government
as well as present objects, I think it will be advisable that
during this summer all the gun-boats, actually manned and in
commission, should be distributed through as many ports and
bays as may be necessary to assist the embargo. On this subject
I will pray you to confer with Mr. Gallatin, who will call
on you on his passage through Baltimore, and to communicate
with him hereafter, directly, without the delay of consulting me,
and generally to aid this object with such means of your department
as are consistent with its situation.
I think I shall be able to leave this place by Wednesday. I
will mention for your information, that the post for Milton leaves
this place on Tuesdays and Fridays, and arrives at it on Sundays
and, I believe, Thursdays.
I salute you with affection and respect.
Washington, July 16, 1808.
Sir,—The correspondence which you sent me the other day,
between the British commanders and our officers in Moose
Island, is now in the hands of Mr. Madison, and will be delivered
to you on application. On consulting him and Mr. Gallatin, I
find the facts to be that Moose Island has ever been in our possession,
as well before as ever since the treaty of peace with
Great Britain; that in the convention formed between Mr. King
and the British government, about four years ago, wherein our
limits in that quarter were mutually recognized, Moose Island
was expressly acknowledged to belong to us; and, through an
account of an article respecting Louisiana, the convention has not
yet been ratified, yet both parties have acted on the article of
these limits as if it had been ratified,—each party considering the
parts then assigned to them as no longer questioned by the
other.
I think you had better communicate the papers, with a copy
of that article of the convention, to Gen. Dearborne, with these
observations, from whom the answer to our officer will go with
more propriety. If you will speak on this subject with Mr.
Madison, he will, perhaps, be able to state to you what passed
between us on this subject more fully than I have done. Accept
my salutations.
Washington, July 16, 1808.
Sir,—In my letter of May 6th I asked the favor of your Excellency,
as I did of the Governors of other States not furnishing
in their interior country flour sufficient for the consumption of
the State, to take the trouble of giving certificates, in favor of
any merchants meriting confidence, for the quantities necessary
for consumption beyond the interior supplies. Having desired
from the Treasury Department a statement of the quantities called
for under these certificates, I find that those of your Excellency,
received at the Treasury, amount to 51,000 barrels of flour,
108,400 bushels of Indian corn, 560 tierces of rice, 2,000 bushels
of rye, and, in addition thereto, that there had been given certificates
for either 12,450 barrels of flour, or 40,000 bushels of
corn. As these supplies, although called for within the space of
two months, will undoubtedly furnish the consumption of your
State for a much longer time, I have thought it advisable to ask
the favor of your Excellency, after the receipt of this letter, to
discontinue issuing any other certificates, that we may not unnecessarily
administer facilities to the evasion of the embargo
laws; for I repeat what I observed in my former letter, that these
evasions are effected chiefly by vessels clearing coastwise. But
while I am desirous of preventing the frauds which go to defeat
the salutary objects of these laws, I am equally so that the fair
consumption of our citizens may in nowise be abridged. It
would, therefore, be deemed a great favor if your Excellency
could have me furnished with an estimate, on the best data possessed,
of the quantities of flour, corn, and rice, which, in addition
to your internal supplies, may be necessary for the consumption,
in any given time, of those parts of your State which habitually
depend on importation for these articles. I ask this the more
freely, because I presume you must have had such an estimate
formed for the government, of your discretion in issuing the preceding
certificates, and because it may be so necessary for our
future government. I salute you with assurance of great respect
and esteem.
Washington, July 17, 1808.
Sir,—After writing my letter of the 9th, I received one from
Mr. Pitot in the name of the New Orleans Canal Company, which
ought to have come with the printed report, stating more fully
their views, and more explicitly the way in which we can aid
them. They ask specifically that we should lend them $50,000,
or take the remaining fourth of their shares now on hand. This
last measure is too much out of our policy of not embarking the
public in enterprises better managed by individuals, and which
might occupy as much of our time as those political duties for
which the public functionaries are particularly instituted. Some
money could be lent them, but only on an assurance that it would
be employed so as to secure the public objects. The first interests
of the company will be to bring a practicable navigation from
the Lake Pontchartrain through the Bayou St. Jean and Canal de
Carondelet to the city, because that entitles them to a toll on the
profitable part of the enterprise. But this would answer no object
of the government unless it was carried through to the Mississippi,
so that our armed vessels drawing five feet water might
pass through. Instead therefore of the ground I suggested in
my last letter, I would propose to lend them a sum of money on
the condition of their applying it entirely to that part of the canal
which, beginning at the Mississippi, goes round the city to a junction
with the canal of Carondelet; and we may moreover at our
own expense erect the locks. The Secretary at War not being
here, I cannot propose these or any other terms precisely, but you
may more openly than I proposed in my last letter, give these as
the general shape of the aid which we contemplate, collect the
ideas of individual members, and communicate them to me, so
that when I shall have an opportunity of consulting the Secretary
at War we may put our proposition in the form most acceptable
to them. On this subject I shall wish to hear from you soon.
Mr. Livingston was here lately, and finding that we considered
the Batture as now resting with Congress, and that it was our
duty to keep it clear of all adversary possession till their decision
is obtained, wrote a letter to the Secretary of State, which, if we
understand it, amounts to a declaration that he will on his return
bring the authority of the court into array against that of the executive,
and endeavor to obtain a forcible possession. But I presume
that the court knows too well that the title of the United
States to land is subject to the jurisdiction of no court, it having
never been deemed safe to submit the major interests of the nation
to an ordinary tribunal, or to any one but such as the Legislature
establishes for the special occasion; and the Marshal will find
his duty too plainly marked out in the act of March 3, 1807, to
be at a loss to determine what authority he is to obey. It will
be well however that you should have due attention paid to this
subject, and particularly to apprize Mr. Grymes to be prepared to
take care that the public rights receive no detriment.
I salute you with great respect and esteem.
Washington, July 17, 1808.
Dear Sir,—Since I parted with you in Albemarle in September
last, I have never had a line from you, nor I believe has the
Secretary at War with whom you have much connection through
the Indian department. The misfortune which attended the effort
to send the Mandan chief home, became known to us before
you had reached St. Louis. We took no step on the occasion,
counting on receiving your advice so soon as you should be
in place, and knowing that your knowledge of the whole subject
and presence on the spot would enable you to judge better than
we could what ought to be done. The constant persuasion that
something from you must be on its way to us, has as constantly
prevented our writing to you on the subject. The present letter,
however, is written to put an end at length to this mutual silence,
and to ask from you a communication of what you think best to
be done to get the chief and his family back. We consider the
good faith, and the reputation of the nation, as pledged to accomplish
this. We would wish indeed not to be obliged to undertake
any considerable military expedition in the present uncertain
state of our foreign concerns, and especially not till the new
body of troops shall be raised. But if it can be effected in any
other way and at any reasonable expense, we are disposed to meet it.
A powerful company is at length forming for taking up the
Indian commerce on a large scale. They will employ a capital
the first year of 300,000, and raise it afterwards to a million.
The English Mackinac company will probably withdraw from the
competition. It will be under the direction of a most excellent
man, a Mr. Astor, merchant of New York, long engaged in the
business, and perfectly master of it. He has some hope of seeing
you at St. Louis, in which case I recommend him to your particular
attention. Nothing but the exclusive possession of the
Indian commerce can secure us their peace.
Our foreign affairs do not seem to clear up at all. Should
they continue as at present, the moment will come when it will
be a question for the Legislature whether war will not be preferable
to a longer continuance of the embargo.
The Presidential question is clearing up daily, and the opposition
subsiding. It is very possible that the suffrage of the nation
may be undivided. But with this question it is my duty
not to intermeddle. I have not lately heard of your friends in
Albemarle. They were well when I left that in June, and not
hearing otherwise affords presumptions they are well. But I
presume you hear that from themselves. We have no tidings
yet of the forwardness of your printer. I hope the first part will
not be delayed much longer. Wishing you every blessing of
life and health, I salute you with constant affection and respect.
Washington, July 18, 1808.
Dear General,—I had written to Governor Claiborne according
to what had been agreed between you and myself, after
which I received a letter from Pitot on behalf of the Canal company
of New Orleans, which should have accompanied the printed
report I communicated to you. The letter agrees with the
report, and asks specifically that we should either lend them fifty
thousand dollars, or buy the remaining fourth part of their shares
now on hand. On consultation with Mr. Madison, Gallatin, and
Rodney, we concluded it best to say we would lend them a sum
of money if they would agree to lay out the whole of it in making
the canal from the Mississippi round the town to its junction with
the canal of Carondelet; and I wrote to Claiborne to sound the
members of the company, and to find out if there were any modifications
which would render the proposition more acceptable, to
communicate them to me, and that when I should have an opportunity
of consulting you, we would make the proposition in
form.
I send you a letter of General Wilkinson's, the papers it covered,
and my answer, which will sufficiently explain themselves.
That in cases of military operations some occasions for secret
service money must arise, is certain. But I think that they
should be more fully explained to the government than the General
has done, seems also proper.
Mr. Smith will send you some British complaints on our fortifying
Moose Islands, and the kind of answer recommended on
consultation with the heads of departments.
We have such complaints of the breach of embargo by fraud
and force on our northern water line, that I must pray your co-operation
with the Secretary of the Treasury by rendezvousing
as many new recruits as you can in that quarter. The Osage
brought us nothing in the least interesting. I salute you with
affection and respect.
Washington, July 18, 1808.
Dear Sir,—Your favor of May 28 has been duly received, and
in it the proceeding of the Court on the mandamus to the collector
of Charleston. I saw them with great concern because of
the quarter from whence they came, and where they could not
be ascribed to any political waywardness.
The Legislature having found, after repeated trials, that no
general rules could be formed which fraud and avarice would
not elude, concluded to leave, in those who were to execute the
power, a discretionary power paramount to all their general rules.
This discretion was of necessity lodged with the collector in the
first instance, but referred, finally, to the President, lest there
should be as many measures of law or discretion for our citizens
as there were collectors of districts. In order that the first decisions
by the collectors might also be as uniform as possible, and
that the inconveniences of temporary detention might be imposed
by general and equal rules throughout the States, we thought it
advisable to draw some outlines for the government of the discretion
of the collectors, and to bring them all to one tally.
With this view they were advised to consider all shipments
of flour primâ facie, as suspicious. Because, if pretended to be
for a State which made enough within itself, it could not, in
these times, but be suspicious, and, if for a State which needed
importations, we had provided, by the aid of the Governors of
those States, a criterion for that case.
But your collector seems to have decided for himself that,
instead of a general rule applicable equally to all, the personal
character of the shipper was a better criterion, and his own individual
opinion too, of that character.
You will see at once to what this would have led in the hands
of an hundred collectors, of all sorts of characters, connections,
and principles, and what grounds would have been given for the
malevolent charges of favoritism with which the federal papers
have reproached even the trust we reposed in the first and highest
magistrates of particular States. It has been usual in another
department, after the decision of any point by the superior tribunal
is known, for the interior one to conform to that decision.
The declaration of Mr. Theus, that he did not consider the case
as suspicious, founded on his individual opinion of the shipper,
broke down that barrier which we had endeavored to erect
against favoritism, and furnished the grounds for the subsequent
proceedings. The attorney for the United States seems to have
considered the acquiescence of the collector as dispensing with
any particular attentions to the case, and the judge to have taken
it as a case agreed between plaintiff and defendant, and brought
to him only formally to be placed on his records. But this question
has too many important bearings on the constitutional organization
of our government, to let it go off so carelessly. I
send you the Attorney General's opinion on it, formed on great
consideration and consultation. It is communicated to the collectors
and marshals for their future government. I hope, however,
the business will stop here, and that no similar case will
occur. A like attempt has been made in another State, which I
believe failed in the outset.
I have seen, with great satisfaction, the circumspection and
moderation with which you have been so good as to act under
my letter of May 6th. I owe the same approbation to some
other of the Governors, but not to every one. Our good citizens
having submitted to such sacrifices under the present experiment,
I am determined to exert every power the law has vested
in me for its rigorous fulfilment; that we may know the full
value and effect of this measure on any future occasion on which
a resort to it might be contemplated.
The Osage did not bring us a tittle of anything interesting.
The absence of the Emperor from Paris makes that a scene of no
business; and I do not think we are to consider the course of the
British government as finally decided, until the nation, as well
as the ministry, are possessed of the communications to Congress
of March 22, and our act hanging the duration of the embargo
laws on that of the orders of council. The newspapers say Mr.
Rose is coming over again. Mr. Pinckney did not know this at
the departure of the Osage. Yet it may be so. It is well calculated
to throw dust in the eyes of the nation, and to silence all
attempts of the opposition to force a change of their measures.
In this view it is a masterly stroke. The truth is that their debt
is become such as the nation can no longer pay its interest. Their
omnipotence at sea has bloated their imaginations so as to
persuade them they can oblige all nations to carry all their produce
to their island as an entrepot, to pay them a tax on it, and
receive their license to carry it to its ultimate market. It is indeed
a desperate throw, in the language of Canning, and who
knows, says he, what the dice may turn up?
I answer, we know.
Since writing so far, I received your favor of June 30th, covering
resolutions of your Legislature. They are truly worthy of
them, and never could declarations be better timed for dissipating
the delusions in which the British government are nourished by
the federal papers, and prevented from that return to justice
which alone can continue our peace.
Wishing you every blessing of health and life, I salute you
with assurances of great esteem and respect.
Salutations.
Monticello, July 25,1808.
Dear Sir,—I enclose you the petition of Somes, to do in it
whatever is agreeable to general rule.
Punqua Winchung, the Chinese Mandarin, has, I believe, his
head quarters at New York, and therefore his case is probably
known to you. He came to Washington just as I had left it,
and therefore wrote to me, praying permission to depart for his
own country with his property, in a vessel to be engaged by
himself. I enclose you Mr. Madison's letter, which contains
everything I know on the subject. I consider it as a case of national
comity, and coming within the views of the first section
of the first embargo act. The departure of this individual with
good dispositions, may be the means of making our nation known
advantageously at the source of power in China, to which it is
otherwise difficult to convey information. It may be of sensible
advantage to our merchants in that country. I cannot therefore
but consider that a chance of obtaining a permanent national
good should overweigh the effect of a single case taken out of
the great field of the embargo. The case, too, is so singular,
that it can lead to no embarrassment as a precedent.
I think, therefore, he should be permitted to engage a vessel
to carry himself and his property, under such cautions and recommendations
to him as you shall think best.
I leave it therefore to yourself to direct all the necessary details
without further application to me, and for this purpose send
you a blank passport for the vessel, &c., and Mr. Graham will
obtain and forward you passports from the foreign ministers here.
I salute you with affection and respect.
Monticello, July 28, 1808.
Sir,—I received duly your favor of July 1st, covering an offer
of Mr. McDonald of an iron mine to the public, and I thank you
for taking the trouble of making the communication, as it might
have its utility. But having always observed that public works
are much less advantageously managed than the same are by
private hands, I have thought it better for the public to go to
market for whatever it wants which is to be found there; for
there competition brings it down to the minimum of value. I
have no doubt we can buy brass cannon at market cheaper than
we could make iron ones. I think it material too, not to abstract
the high executive officers from those functions which nobody
else is charged to carry on, and to employ them in superintending
works which are going on abundantly in private hands. Our
predecessors went on different principles; they bought iron
mines, and sought for copper ones. We own a mine at Harper's
Ferry of the finest iron ever put into a cannon, which we are
afraid to attempt to work. We have rented it heretofore, but it
is now without a tenant.
We send a vessel to France and England every six weeks, for
the purposes of public as well as mercantile correspondence.
These the public papers are in the habit of magnifying into special
missionaries for great and special purposes. It is true that
they carry our public despatches, whether the subject of the day
happens to be great or small. The Osage was one of these; but
she was charged with nothing more than repetitions of instructions
to our ministers not to cease in their endeavors to have the
obnoxious orders and decrees repealed. She brought not a tittle
of the least interest. The St. Michael was another of these
vessels, and may now be expected in a few days. The schooner
Hope was a third, and sailed a few days ago. She may be expected
a fortnight before Congress meets, and our ministers are
apprized that whatsoever the belligerent powers mean to do,
must be done before that time, as on the state of things then existing
and known to us, Congress will have to act. I return the
letter of Mr. McDonald, as it may be useful for other purposes,
and salute you with esteem and respect.
Monticello, July 29, 1808.
Dear Sir,—I enclose you a letter of information of what is
passing on the Canada line. To prevent it is, I suppose, beyond
our means, but we must try to harass the unprincipled agents,
and punish as many as we can.
I transmit, also, the petition of Tyson and James, millers of
Baltimore, for permission to send a load of flour to New Orleans,
to direct in it what is regular, for I do not see any circumstance
in the case sufficiently peculiar to take it out of the rule. If
their views are honest, as I suppose them to be, it would be a
great relief to them to be permitted, by giving bond for an increased
valuation, to send their flour to its destination, and equal
relief to us from these tormenting applications. Yet, as the other
gentlemen seemed not satisfied that it would be legal, I would
not have it done on my own opinion alone, however firmly I am
persuaded of its legality. Could you not in the way of conversation
with some of the sound lawyers of New York, find what
would be then primâ facie opinion, and if encouraged by that,
we may take the opinion of the Attorney General, and others.
The questions to be solved are,—first: To what place should
the valuation refer? and second: Would too high a valuation
render the bond null in law? On the first, I observe that the
law says that bond shall be given in double the value, &c., without
saying whether its value here, or at the place of sale, is
meant; that, generally speaking, its value here would be understood;
but that whenever the words of a law will bear two meanings,
one of which will give effect to the law, and the other will
defeat it, the former must be supposed to have been intended by
the Legislature, because they could not intend that meaning,
which would defeat their intention, in passing that law; and in
a statute, as in a will, the intention of the party is to be sought
after. On the second point we would ask, who is to value the
cargo on which the bond is to be taken? Certainly the collector,
either by himself or his agents. When the bond is put in
suit it must be recovered. Neither judge nor jury can go into
the question of the value of the cargo. If anybody could, it
would be the chancellor; but his maxim is never to lend his
power in support of fraud or wrong. The common law could
only give a remedy on an action for damages, as, for instance, if
a collector, by requiring too large security, prevents a party from
clearing out, damages might be recovered. But in the case in
question, the consent of the party would take away the error, and
besides, as the voyage takes place, no damages for preventing it
can be recovered. These are general considerations to be brought
into view in such a conversation, which, indeed would occur to
every lawyer who turned his mind to the subject at all. It would
be a most important construction for the relief of the honest merchant,
to whom the amount of bond is important, and to us, also,
in the execution of the law; and I think its legality far more defensible
than that of limiting the provisions to one-eighth of the
cargo. My situation in the country gives me no opportunity to
consult lawyers of the first order. Should such occur, however,
I will avail myself of them.
I salute you affectionately.
Monticello, July 29, 1808.
Dear Sir,—The passport for the Leonidas goes by this post,
to the collector of Norfolk. I return you Jarvis', Hackley's, and
Montgomery's letters, and send you Hull's, Hunt's, Clarke's, and
Mr. Short's, for perusal, and to be returned. On this last, the
following questions arise: When exactly shall the next vessel
go? Whence? Is not the secrecy of the mission essential? Is
it not the very ground of sending it while the Senate is not
sitting, in order that it may be kept secret? I doubt the expediency
of sending one of our regular armed vessels. If we
do, she should go to Petersburg direct. And yet may there
not be advantage in conferences between S. and A.? I have
signed the commission and letter of credence, and now enclose
them. Yet I must say I think the latter is very questionable
indeed, in point of property. It says that the Minister is to reside
near his person; but whether we should establish it at once into
a permanent legation is much to be doubted, and especially in a
recess of the Senate. I should think it better to express purposes
something like the following: "to bear to your Imperial Majesty
the assurances of the sincere friendship of the United States, and
of their desire to maintain with your Majesty and your subjects
the strictest relations of intercourse and commerce; to explain to
your Majesty the position of the United States, and the considerations
flowing from that which should keep them aloof from the
contests of Europe; to assure your Majesty of their desire to observe
a faithful and impartial neutrality, if not forced from that
line by the wrongs of the belligerents; and to express their reliance
that they will be befriended in these endeavors by your
Majesty's powerful influence and friendship towards these States."
This is hasty,—it is too long, and neither the expressions nor
thoughts sufficiently accurate; but something of this kind, more
concise and correct, may be formed, leaving the permanency of
the mission still in our power.
There is no doubt but that the transaction at New Orleans, between
Ortega and the British officer with the prize sloop Guadaloupe,
has been a mere fraud, to evade our regulation against the
sale of prizes in our harbors; and his insolent letter intended
merely to cover the fraud. His ready abandonment of the vessel,
and Ortega's resumption of her, are clear proofs. Should not, or
could not, process be ordered against Ortega and the vessel? I
think a copy of Reeve's letter to Governor Claiborne, and of the
proceedings of the court, might be sent to Mr. Erskine, with
proper observations on this double outrage, and an intimation
that the habitual insolence of their officers may force us to refuse
them an asylum, even when seeking it in real distress, if the boon
is to be abused as it has been by this insolent and dishonest
officer. And as it is very possible the rascal may push his impostures
to the making complaint to his government, this step
with Mr. Erskine may anticipate it.
I salute you with sincere and constant affection.
Monticello, August 5, 1808.
Dear Sir,—I enclose you a letter from the Path-killer and
others of the Cherokees, the object of which I do not precisely
see. I suppose they are of Van's party. The sentiments are
unquestionably those of a white man.
Sibley's letters present a disagreeable view. It will be
troublesome if we are once compelled to use acts of force
against those people. It is the more difficult as we should have
to pursue them into the country beyond the Sabine, on which
an understanding with the Spaniards would be necessary. But
what is the meaning of our not pursuing deserters over the Rio
Hondo? I thought we had so far settled that matter, as that it
was understood by the Spaniards that until a final settlement of
boundary, the Sabine was to be that to which each was to exercise
jurisdiction. On the same principles ought we not immediately
to suppress this new appointment of a Spanish Alcalde
at Bayou Pierre? I ask this for information, because I do not
precisely recollect what we finally intended as to Bayou Pierre,
and I have not the papers here. I suppose the trial and punishment
of the guilty Alibamas, and Sibley's reclamations with the
tribe for reparation, will give us time till we meet to consider
what is to be done. Has any and what step been taken for
the recovery of Pike's men?
Governor Lewis' letter offers something more serious. The
only information I have on the subject, is his letter to Governor
Harrison in a newspaper, which I cut out and enclose
you. The retirement of White Hairs to St. Louis is strong
proof that the case is serious. As they are at war with all
nations, and in order to protect them we have been endangering
our peace and friendship with the other nation, would
not our best course be to inform all those nations that, however
desirous we have been of promoting peace among them,
and however earnest our endeavors have been to restore friendship
between them and the Osages particularly, we have found
it impossible to bring that nation to a just and peaceable conduct
towards others? That therefore we withdraw ourselves from
before them, and leave them to be freely attacked and destroyed
by all those who have cause of war against them? Would such
a written message from me to the nations at war with them, be
advisable? particularly to the Cherokees, Creeks, Chickasaws,
and Choctaws, and such northern tribes as are at war with
them. I do not recollect those of the latter description. Would
it not be advisable to aid their war parties with provisions, and
ammunition, and the repairs of their arms at our posts? Will it
be necessary to authorize expeditions of militia, or only permit
volunteers to join the Indian parties? or shall we leave what
respects Militia to Governor Lewis? We shall certainly receive
further information soon, but in the meantime I have thought
we should turn it in our minds, and interchange ideas on the
subject. I shall therefore be glad to hear from you on it. I
salute you with constant affection and respect.
Monticello, August 6, 1808.
Dear Sir,—A complaint has come to me indirectly on the
part of the Cadets at West Point, that the promotions in their
corps are made on other principles than those of seniority or
merit. They do not charge Colonel Williams with an unjust
selection by himself, but with leaving the selection to his lieutenant,
whose declaration that it was so left to him, they say
can be proved. It is stated particularly that a young man from
the country, uneducated, and who had been with the corps but
three months, and had acquired little there, was lately made an
ensign to the prejudice of much superior qualifications. His
name was mentioned to me but I have forgotten it. Justice to
the officers forbids us to give credit to such imputations till
proved; but justice to the corps requires us so far to attend to
them as to make them the subject of inquiry; and I presume this
was the object of the communication to me. I now mention it
to you, because in returning through New York you may have
an opportunity of inquiring into it. I am much more inclined
to impute to the vanity of the lieutenant the declaration he is
said to have made, than to suppose Colonel Williams has really
delegated so important a trust to him. I salute you with constant
affection.
Monticello, August 6, 1808.
Gentlemen,—It has been represented to me on behalf of the
inhabitants of the town of Washington in Pennsylvania, that by
a survey made at their expense, it is found that the western
road, if carried through their town, to Wheeling, would be but
a mile longer, would pass through better ground, and be made
at less expense; and if carried to Short Creek, instead of Wheeling,
the difference of distance would still be less. The principal
object of this road is a communication directly westwardly.
If, however, inconsiderable deflections from this course will
benefit particular places, and better accommodate travellers, these
are circumstances to be taken into consideration. I have therefore
to desire that, having a regard to the funds which remain,
you make as good an examination as they will admit, of the
best route through Washington to Wheeling, and also to Short
Creek or any other point on the river, offering a more advantageous
route towards Chillicothe and Cincinatti, and that you
report to me the material facts, with your opinions for consideration.
I salute you with respect.
Monticello, August 6, 1808.
Dear Sir,—On the subject of the western road, our first error
was the admitting a deviation to Brownsville, and thus suffering
a first encroachment on its principle. This is made a point
d'appui to force a second, and I am told a third holds itself in
reserve, so that a few towns in that quarter seem to consider all
this expense as undertaken merely for their benefit. I should
have listened to these solicitations with more patience, had it not
been for the unworthy motives presented to influence me by
some of those interested. Sometimes an opposition by force was
held up, sometimes electioneering effects, as if I were to barter
away, on such motives, a public trust committed to me for a different
object. It seems, however, that our first error having
made Brownsville, and no longer Cumberland, the point of departure,
we must now go no further back in examining the claim
of Washington. I have therefore written to the commissioners,
the letter of which I enclose you a copy. The time saved by
sending it to them direct, may be important, as they may be near
their return. I am doubtful whether they have money enough
left for a thorough examination. If they have, their report will
enable us to decide on this second deflection. But what will
Wheeling say if we take the road from it, to give it to Washington?
I do not know its size or importance, nor whether some
obstacles to navigation may not oppose our crossing at a higher
place. I salute you with constant affection.
Monticello, August 9, 1808.
Dear Sir,—Yours of July 27th is received. It confirms the
accounts we receive from others that the infractions of the embargo
in Maine and Massachusetts are open. I have removed
Pope, of New Bedford, for worse than negligence. The collector
of Sullivan is on the totter. The tories of Boston openly
threaten insurrection if their importation of flour is stopped. The
next post will stop it. I fear your Governor is not up to the tone
of these parricides, and I hope, on the first symptom of an open
opposition of the law by force, you will fly to the scene and aid
in suppressing any commotion.
I enclose you the letter of Captain Dillard, recommending
Walter Bourke for appointment. I know nothing of the writers
of any of the letters except Thore, Jones, and Thweat, who are
good men. I like Meigs' scheme with the Cherokees, and would
wish it success. But will Congress give such a sum of money.
The message of the Creek Chief is so far satisfactory, that I
think we should give them time. Could we engage them to
assist us in destroying the guilty banditti? The letter enclosed
from Cuthbert to Mr. Madison, on the means of taking Quebec,
is worthy notice, and I wish you could, before your return, have
an interview with him. Your office, and receipt of the letter
from me, will give confidence to his communications. We have
letters from Mr. Pinckney to May 30, but not one word interesting.
Present me respectfully to Mrs. Dearborne, and accept my
affectionate salutations.
Monticello, August 9, 1808.
Dear Sir,—I enclose you, for your information, letters from
General Dearborne, P. D. Sargent, and Elisha Tracey, on the infractions
of the embargo, and their ideas on the means of remedy.
I pass them through the hands of the Secretary of the Navy,
with a request that he will, in concert with you, give all the aid
for the enforcement of the law which his department can afford.
I think the conduct of Jordan, at Sullivan, should be inquired
into, with a view to his removal if found either undisposed or
negligent. Indeed, the distance of his residence, if it be fact,
renders it impossible he should even sufficiently superintend the
due execution of the duties of his office.
We have letters from Mr. Pinckney of the 30th of May, but
containing not one interesting word. If England should be disposed
to continue peace with us, and Spain gives to Bonaparte
the occupation she promises, will not the interval be favorable for
our reprisals on the Floridas for the indemnifications withheld.
Before the meeting of Congress we shall see further. I salute
you with affection and respect.
Monticello, August 9, 1808.
Dear Sir,— * * * * *
I have some apprehension the tories of Boston, &c., with so poor
a head of a Governor, may attempt to give us trouble. I have
requested General Dearborne to be on the alert, and fly to the
spot where any open and forcible opposition shall be commenced,
and to crush it in embryo. I am not afraid but that there is sound
matter enough in Massachusetts to prevent an opposition of the
laws by force. I am glad to see that Spain is likely to give
Bonaparte employment. Tant mieux pour nous. Accept affectionate
salutations.
Monticello, August 11, 1808.
Dear Sir,—Your letters of July 29th and August 5th, came
to hand yesterday, and I now return you those of Wynne, Wolsey,
Quincy, Otis, Lincoln, and Dearborne. This embargo law
is certainly the most embarrassing one we have ever had to execute.
I did not expect a crop of so sudden and rank growth of
fraud and open opposition by force could have grown up in the
United States. I am satisfied with you that if orders and decrees
are not repealed, and a continuance of the embargo is preferred
to war, (which sentiment is universal here), Congress must
legalize all means which may be necessary to obtain its end.
Mr. Smith, in enclosing to me General Dearborne's and Lincoln's
letters, informs me that immediately on receiving them he gave
the necessary orders to the Chesapeake, the Wasp and Argus.
Still I shall pass this letter and those it encloses, through his
hands for information. I am clearly of opinion this law ought
to be enforced at any expense, which may not exceed our appropriation.
I approve of the instructions to General Lincoln, for
selling the revenue cutter there and buying another, and also of
what you propose at New London and Portsmouth, and generally
I wish you to do as to the revenue cutters what you shall think
best, without delaying it to hear from me. You possess the details
so much better than I do, and are so much nearer the principal
scenes, that my approbation can be but matter of form. As
to ordering out militia, you know the difficulty without another
proclamation. I advise Mr. Madison to inform General Turreau
that the vessels we allow to the foreign ministers are only in the
character of transports, and that they cannot be allowed but
where the number of persons bears the proportion to the vessel
which is usual with transports. You will see by my last that on
learning the situation of affairs in Spain, it had occurred to me
that it might produce a favorable occasion of doing ourselves
justice in the south. We must certainly so dispose of our southern
recruits and armed vessels as to be ready for the occasion.
A letter of June 5th from Mr. Pinckney says nothing more than
that in a few days he was to have a full conference on our affairs
with Mr. Canning. That will doubtless produce us immediately
an interesting letter from him. I salute you affectionately.
P. S. I this day direct a commission for General Steele, vice
General Shee, deceased.
Monticello, August 12, 1808.
Dear Sir,—Yours of July 30th came to hand yesterday. It
has consequently loitered somewhere two posts. I am glad to
learn the prompt aid you have afforded the Treasury department.
To let you further understand the importance of giving all the
aid we can, I pass through your hands my letter of this day to
Mr. Gallatin, with those it encloses, which I will pray you, after
perusal, to seal and put into the post-office. In the support of
the embargo laws, our only limit should be that of the appropriations
of the department. A letter of June 5th from Mr.
Pinckney informs us he was to have a free conference with Canning,
in a few days. Should England get to rights with us,
while Bonaparte is at war with Spain, the moment may be favorable
to take possession of our own territory held by Spain, and
so much more as may make a proper reprisal for her spoliations.
We ought therefore to direct the rendezvous of our southern recruits
and gun-boats so as to be in proper position for striking the
stroke in an instant, when Congress shall will it. I have recommended
this to General Dearborne, as I now do to yourself. Mr.
Fulton writes to me under a great desire to prepare a decisive experiment
of his torpedo at Washington, for the meeting of Congress.
This means of harbor-defence has acquired such respectability,
from its apparent merit, from the attention shown it by
other nations, and from our own experiments at New York, as to
entitle it to a full experiment from us. He asks only two workmen
for one month from us, which he estimates at $130 only.
But should it cost considerably more I should really be for granting
it, and would accordingly recommend it to you. This sum is a
mere trifle as an encroachment on our appropriation. I salute
you with affection and respect.
Monticello, August 12, 1808.
Dear Sir,—Yours of July 27th has been received. I now
enclose you the letters of Hawkins, Harrison, Wells, Hull, and
Claiborne, received from the war office, and as I conjecture, not
yet seen by you. Indian appearances, both in the northwest and
south, are well. Beyond the Mississippi they are not so favorable.
I fear Governor Lewis has been too prompt in committing
us with the Osages so far as to oblige us to go on. But it is astonishing
we get not one word from him. I enclose you letters
of Mr. Griff and Maclure, which will explain themselves. A
letter of June 5th from Mr. Pinckney, informs us he was to have
a free conference with Canning in a few days. Should England
make up with us, while Bonaparte continues at war with Spain,
a moment may occur when we may without danger of commitment
with either France or England seize to our own limits of
Louisiana as of right, and the residue of the Floridas as reprisal
for spoliations. It is our duty to have an eye to this in rendezvousing
and stationing our new recruits and our armed vessels,
so as to be ready, if Congress authorizes it, to strike in a
moment. I wish you to consider this matter in the orders to the
southern recruits, as I have also recommended to the Secretary
of the Navy, as to the armed vessels in the South. Indeed, I
would ask your opinion as to the positions we had better take
with a view to this with our armed vessels as well as troops.
The force in the neighborhood of Baton Rouge is enough for
that. Mobile, Pensacola and St. Augustine, are those we should
be preparing for. The enforcing the embargo would furnish a
pretext for taking the nearest healthy position to St. Mary's, and
on the waters of Tombigbee. I salute you with affection and
respect.
Monticello, August 12, 1808.
Dear Sir,—Yours of the 10th came to hand yesterday, and I
return you Fronda's, Tuft's, Loderstrom's, and Turreau's letters.
I think it is become necessary to let Turreau understand explicitly
that the vessels we permit foreign ministers to send away
are merely transports, for the conveyance of such of their subjects
as were here at the time of the embargo; that the numbers
must be proportioned to the vessels, as is usual with transports;
and that all who meant to go away must be presumed to have
gone before now,—at any rate, that none will be accommodated
after the present vessel. We never can allow one belligerent to
buy and fit out vessels here, to be manned with his own people,
and probably act against the other. You did not return my answer
to Sullivan. But fortunately I have received another letter,
which will enable me to give the matter an easier turn, and let
it down more softly. Should the conference announced in Mr.
Pinckney's letter of June 5th, settle friendship between England
and us, and Bonaparte continue at war with Spain, a moment
may occur favorable, without compromitting us with either
France or England, for seizing our own from the Rio Bravo to
Perdido, as of right, and the residue of Florida, as a reprisal for
spoliations. I have thought it proper to suggest this possibility
to General Dearborne and Mr. Smith, and to recommend an eye
to it in their rendezvousing and stationing the new southern recruits
and gun-boats, so that we may strike in a moment when
Congress says so. I have appointed General Steele successor to
Shee. Mr. and Mrs. Barlow, and Mrs. Blayden, will be here
about the 25th. May we hope to see Mrs. Madison and yourself
then, or when? I shall go to Bedford about the 10th of
September. I salute you with constant affection and respect.
Monticello, August 12, 1808.
Sir,—Your letter of July 21st has been received some days;
that of July 23d not till yesterday. Some accident had probably
detained it on the road considerably beyond its regular passage.
In the former you mention that you had thought it advisable to
continue issuing certificates for the importation of flour, until you
could hear further from me; and in the latter, that you will be
called from the Capital in the fall months, after which it is your
desire that the power of issuing certificates may be given to some
other, if it is to be continued.
In mine of July 16th I had stated that, during the two months
preceding that, your certificates, received at the Treasury,
amounted, if I rightly recollect, to about 60,000 barrels of flour,
and a proportionable quantity of corn. If this whole quantity
had been bonâ fide landed and retained in Massachusetts, I
deemed it certain there could not be a real want for a considerable
time, and, therefore, desired the issues of certificates might
be discontinued. If, on the other hand, a part has been carried
to foreign markets, it proves the necessity of restricting reasonably
this avenue to abuse. This is my sole object, and not that
a real want of a single individual should be one day unsupplied.
In this I am certain we shall have the concurrence of all the
good citizens of Massachusetts, who are too patriotic and too just
to desire, by calling for what is superfluous, to open a door for
the frauds of unprincipled individuals who, trampling on the
laws, and forcing a commerce shut to all others, are enriching
themselves on the sacrifices of their honester fellow citizens;—sacrifices
to which these are generally and willingly submitting
as equally necessary whether to avoid or prepare for war.
Still further, however, to secure the State against all danger
of want, I will request you to continue issuing certificates, in the
moderate way proposed in your letter, until your departure from
the Capital, as before stated, when I will consider it as discontinued,
or make another appointment if necessary. There is less
risk of inconvenience in this, as, by a letter from the Secretary
of the Treasury, of May 20th, the collectors were advised not to
detain any vessel, the articles of whose lading were so proportioned
as to give no cause of suspicion that they were destined
for a foreign market. This mode of supply alone seems to have
been sufficient for the other importing States, if we may judge
from the little use they have made of the permission to issue certificates.
Should these reasonable precautions be followed, as is surmised
in your letter of July 21st, by an artificial scarcity, with a view
to promote turbulence of any sort or on any pretext, I trust for
an ample security against this danger to the character of my fellow
citizens of Massachusetts, which has, I think, been emphatically
marked by obedience to law, and a love of order. And I
have no doubt that whilst we do our duty, they will support us
in it. The laws enacted by the general government, will have
made it our duty to have the embargo strictly observed, for the
general good; and we are sworn to execute the laws. If clamor
ensue, it will be from the few only, who will clamor whatever
we do. I shall be happy to receive the estimate promised by
your Excellency, as it may assist to guide us in the cautions we
may find necessary. And here I will beg leave to recall your
attention to a mere error of arithmetic in your letter of July 23d.
The quantity of flour requisite on the data there given, would be
between thirteen and fourteen thousand barrels per month. I
beg you to accept my salutations, and assurances of high respect
and consideration.
Monticello, August 15, 1808.
Sir,—Immediately on the receipt of your letter of the 5th, I
wrote to the Secretary of the Navy, recommending a compliance
with your request of the workmen. Although no public servant
could justify the risking the safety of an important seaport, solely
on untried means of defence, yet I have great confidence in those
proposed by you as additional to the ordinary means. Their
small cost, too, in comparison with the object, ought to overrule
those rigorous attentions to keep within the limits of our appropriations,
which have probably weighed with the Secretary in
declining the proposition. You are sensible, too, that harassed
as the offices are daily by the visions of unsound heads, even
those solid inventions destined to better our condition, feel the
effects of being grouped with them. Wishing every success to
your experiment, I salute you with esteem and respect.
Monticello, August 15, 1808.
Sir,—I this moment receive your favor of the 12th, with
Captain Saunders' letter on the acquisition of a site for a battery
at Norfolk. I think that, instead of acceding to the proposition
to take the whole three acres at $1,500, it will be better to accept
the other alternative of Mr. Thompson, to have the ground
valued by proper persons. In this case too it should be attempted
to restrain the purchase to the half acre, as desired by the
Secretary at War, but if the owner insists on selling the whole
or none, the whole should be taken rather than let the works of
defence be delayed. You will be pleased to give instructions
accordingly.
The despatches hitherto received at the War Office, and forwarded
to me, I have from time to time sent directly to General
Dearborne, on the presumption they had not yet been seen by
him. If this is wrong, be so good as to notify me of it. I return
you Captain Saunders' letter, and tender you my salutations.
Monticello, August 15, 1808.
Sir,—I have this day received your Excellency's favor of
the 9th instant, and I now return you the papers it enclosed.
The case of opposition to the embargo laws on the Canada line,
I take to be that of distinct combinations of a number of individuals
to oppose by force and arms the execution of those laws,
for which purpose they go armed, fire upon the public guards,
in one instance at least have wounded one dangerously, and
rescue property held under these laws. This may not be an insurrection
in the popular sense of the word, but being arrayed in
warlike-manner, actually committing acts of war, and persevering
systematically in defiance of the public authority, brings it
so fully within the legal definition of an insurrection, that I
should not hesitate to issue a proclamation, were I not restrained
by motives of which your Excellency seems to be apprized.
But as by the laws of New York an insurrection can be acted
on without a previous proclamation, I should conceive it perfectly
correct to act on it as such, and I cannot doubt it would
be approved by every good citizen. Should you think proper
to do so, I will undertake that the necessary detachments of
militia called out in support of the laws, shall be considered as
in the service of the United States, and at their expense. And
as it has been intimated to me that you would probably take the
trouble of going to the spot yourself, I will refer to your discretion
the measures to be taken, and the numbers to be called out
at different places, only saying, as duty requires me to fix some
limit, that the whole must not exceed five hundred men without
further consulting me. Should you be willing to take the
trouble of going to the place, you will render a great public
service, as I am persuaded your presence there will be such a
manifestation of the public determination to support the authority
of the laws, as will probably deter the insurgents from
pursuing their course. I think it so important in example to
crush these audacious proceedings, and to make the offenders
feel the consequences of individuals daring to oppose a law by
force, that no effort should be spared to compass this object. As
promptitude is requisite, and the delay of consulting me on details
at this distance might defeat our views, I would rather,
where you entertain doubts, that you would satisfy yourself by
conference with the Secretary of the Treasury, who is with you,
and to whom our general views are familiar. I salute you with
esteem and high respect.
Monticello, August 15, 1808.
Dear Sir,—Yours of the 6th and 9th, are just now received, as
well as a letter from Governor Tompkins on the subject of aiding
the revenue officers on the Canada line with militia. I refer you
on this subject to my answer to him, and pray you to encourage
strongly his going to the spot himself, and acting according to
the urgencies which will present themselves there. Should
you have satisfactory evidence of either mala fides or negligence
in Pease, he shall be removed without ceremony. I do not
know the residence of Greene of Massachusetts. The opinion
you have given in the case stated by Ellery is certainly correct.
No civil officer of the States can take cognizance of a federal
case. Considering our determination to let no more vessels go
so far as the Cape of Good Hope, I see nothing in the case of
the brig Resolution, Craycroft, to justify a change of the rule,
and therefore cannot consent to a vessel's being sent there. The
case of the Chinese Mandarin is so entirely distinct, that it can
give no ground for this claim. The opportunity hoped from
that, of making known through one of its own characters of
note, our nation, our circumstances and character, and of letting
that government understand at length the difference between us
and the English, and separate us in its policy, rendered that
measure a diplomatic one in my view, and likely to bring lasting
advantage to our merchants and commerce with that country.
I enclose you the rough draught of a letter I have written to
Governor Sullivan, in answer to two of his. It was done on consultation
with Mr. Madison.
I informed you in mine of the 11th that I had directed a commission
for General Steele as successor to Shee. This was
certainly according to what had been agreed upon at Washington,
the event of Shee's death being then foreseen and made the
subject of consultation with yourself, Mr. Rodney, and, I believe,
Mr. Madison. The call for the militia from all the States
having been agreed on in April, I have taken for granted it was
going on. I will look to it, as also to the fortifications of New
York. I salute you with affection and respect.
Monticello, August 16, 1808.
Sir,—General Dearborne being on a visit to the province of
Maine, your letter to him (the date not recollected) was sent to
me from his office, and, after perusal, was forwarded to him. As
the case of the five Alabamas, under prosecution for the murder
of a white man, may not admit delay, if a conviction takes place,
I have thought it necessary to recommend to you in that case
to select the leader, or most guilty, for execution, and to reprieve
the others till a copy of the judgment can be forwarded, and a
pardon sent you; in the meantime letting them return to their
friends, with whom you will of course take just merit for this
clemency, our wish being merely to make them sensible by the
just punishment of one, that our citizens are not to be murdered
or robbed with impunity.
I have learnt with real mortification that the engineers successively
appointed, have withdrawn from their undertaking to
carry on the defensive works of New Orleans. It is more regretted
as capable persons in that line are more difficult to be got,
and it takes so long for the information to come here, and the
place to be supplied. Two other persons applied to here have
declined going. Whether General Dearborne has at length been
able to engage one I am not informed. I fear that these disappointments
will lose us the season in a work which more than
any other it was my desire to have had completed this year.
Certainly these losses of time shall be shortened by us as far as
is in our power. I salute you with esteem and respect.
Monticello, August 19, 1808.
Dear Sir,—Yours of August 3d, which ought to have been
here on the 8th, was not received till yesterday. It has loitered
somewhere, therefore, ten days, during which three mails have
been received. I proceed to its contents.
Somes's case. The rule agreed to at our meeting of June
30th was general, that no permissions should be granted for
Europe, Asia, or Africa, and there is nothing in Somes's case to
entitle it to exemption from the rule, more than will be found
in every case that shall occur; as a precedent then, it would be
a repeal of the rule, and in fact of the embargo law. He might
have sent his proofs to Malta through England, either by the
British packets or by our avisos. If he has not done it, and
cannot now do it, it is his fault; the permission therefore must
be refused.
Coquerel's case. 1. The question whether he had a right to
expect a permit is against him. None in writing was given;
no note or memorandum on any paper is found warranting the
fact, nor is there even any trace of it in the memory of the collector.
On what evidence then does it rest? Merely on the words
of the owner and captain that the language of the collector
conveyed an impression on them that they were to have a permit:
but we well know where this sort of evidence would land us.
2d. But suppose we had had a positive or written permission,
why was it not used? Could it be believed to be good for this
year, next year, or ten years hence? The reason of the thing
must have shown to every one that it was good under existing
circumstances only, and might become null if not used till these
were changed. But the written notification of August 1st, giving
a final day, annuls all permits after that day; and not a single
circumstance is stated which entitles them to a prolongation of
the time, which would not entitle every other, and consequently
repeal the limitation of time and the law. I see no ground,
therefore, for relieving him from the operation of the rule.
* * * * * * * *
I enclose you a letter from a Mr. Ithomel to the Secretary of
the Navy. I know not who he is, perhaps an officer of the navy.
This is the second letter he has written, expressing his belief
that there is ground to apprehend insurgency in Massachusetts.
Neither do I know his politics, which might also be a key to his
apprehensions. That the federalists may attempt insurrection is
possible, and also that the governor would sink before it. But
the republican part of the State, and that portion of the federalists
who approve the embargo in their judgments, and at any rate
would not court mob-law, would crush it in embryo. I have
some time ago written to General Dearborne to be on the alert
on such an occasion, and to take direction of the public authority
on the spot. Such an incident will rally the whole body of
republicans of every shade to a single point,—that of supporting
the public authority. Be so good as to return the letter to Mr.
Smith. He informs me he has left to yourself and Commander
Rogers to order whatever gun-boats you think can be spared
from New York to aid the embargo law. If enough be left there
or near there, to preserve order in the harbor, or to drive out a
single ship of force, it would be sufficient in the present tranquil
state of things.
The principle of our indulgence of vessels to foreign ministers
was, that it was fair to let them send away all their subjects
caught here by the embargo, and who had no other means of
getting away.
General Turreau says there are fifteen hundred French sailors,—deserters,
here, many of whom wish to go home. I have desired
Mr. Madison to inform him that the tonnage permitted must
be proportioned to the numbers, according to the rules in transport
service. On this ground, I do not know that we can do
wrong. We have nothing yet from Pinckney or Armstrong.
But the first letter from the former must be so. I salute you with
affection and respect.
Monticello, August 20, 1808.
Dear Sir,—I enclose you a letter of July 1st, from Governor
Lewis, received from the War Office by the last post. It presents
a full, and not a pleasant, view of our Indian affairs west of the
Mississippi. As the punishment of the Osages has been thought
necessary, the means employed appear judicious. First, to draw
off the friendly part of the nation, and then, withdrawing the
protection of the United States, leave the other tribes free to take
their own satisfaction of them for their own wrongs. I think we
may go further, without actually joining in the attack. The
greatest obstacle to the Indians acting in large bodies, being the
difficulty of getting provisions, we might supply them, and
ammunition also, if necessary. I hope the Governor will be able
to settle with the Sacs and Foxes without war, to which, however,
he seems too much committed. If we had gone to war for
every hunter or trader killed, and murderer refused, we should
have had general and constant war. The process to be followed,
in my opinion, when a murder has been committed, is first to demand
the murderer, and not regarding a first refusal to deliver,
give time and press it. If perseveringly refused, recall all traders,
and interdict commerce with them, until he be delivered. I believe
this would rarely fail in producing the effect desired; and
we have seen that, by steadily following this line, the tribes become
satisfied of our moderation, justice, and friendship to them,
and become firmly attached to us. The want of time to produce
these dispositions in the Indians west of the Mississippi, has been
the cause of the Kanzas, the Republican, the Great and the
Wolf Panis, the Matas, and Poncaras, adhering to the Spanish
interest against us. But if we use forbearance, and open commerce
for them, they will come to, and give us time to attach
them to us. In the meantime, to secure our frontiers against
their hostility, I would allow Governor Lewis the three companies
of spies, and military stores he desires. We are so distant,
and he so well acquainted with the business, that it is safest for
our citizens there and for ourselves, after enjoining him to pursue
our principles, to permit him to select the means. The factories
proposed on the Missouri and Mississippi, as soon as they can be
in activity, will have more effect than as many armies. It is on
their interests we must rely for their friendship, and not on their
fears. With the establishment of these factories, we must prohibit
the British from appearing westward of the Mississippi, and
southward of logarithm degree; we must break up all their factories
on this side the Mississippi, west of Lake Michigan; not
permit them to send out individual traders to the Indian towns,
but require all their commerce to be carried on at their factories,—putting
our own commerce under the same regulations, which
will take away all ground of complaint. In like manner, I think
well of Governor Lewis' proposition to carry on all our commerce
west of the Mississippi, at fixed points; licensing none but stationary
traders residing at these points; and obliging the Indians
to come to the commerce, instead of sending it to them. Having
taken this general view of the subject, which I know is nearly
conformable to your own, I leave to yourself the detailed answer
to Governor Lewis, and salute you with constant affection and
respect.
Monticello, August 21, 1808.
Dear Sir,—Your letter to General Dearborne, of July 1st, was
not received at the War Office till a few days ago, was forwarded
to me, and after perusal sent on to General Dearborne, at present
in Maine. As his official answer will be late in getting to you,
I have thought it best, in the meantime, to communicate to yourself,
directly, ideas in conformity with those I have expressed to
him, and with the principles on which we have conducted
Indian affairs. I regret that it has been found necessary to come
to open rupture with the Osages, but, being so, I approve of the
course you have pursued,—that of drawing off the friendly part
of the nation,—withdrawing from the rest the protection of the
United States, and permitting the other nations to take their
own satisfaction for the wrongs they complain of. I have stated
to General Dearborne that I think we may go further, and as the
principal obstacle to the Indians acting in large bodies, is the want
of provisions, we might supply that want, and ammunition also,
if they need it. With the Sacs and Foxes I hope you will be
able to settle amicably, as nothing ought more to be avoided than
the embarking ourselves in a system of military coercion on the
Indians. If we do this, we shall have general and perpetual
war. When a murder has been committed on one of our stragglers,
the murderer should be demanded. If not delivered, give
time, and still press the demand. We find it difficult, with our
regular government, to take and punish a murderer of an Indian.
Indeed, I believe we have never been able to do it in a single
instance. They have their difficulties also, and require time.
In fact, it is a case where indulgence on both sides is just and
necessary, to prevent the two nations from being perpetually
committed in war, by the acts of the most vagabond and ungovernable
of their members. When the refusal to deliver the murderer
is permanent, and proceeds from the want of will, and not
of ability, we should then interdict all trade and intercourse with
them till they give us complete satisfaction. Commerce is the
great engine by which we are to coerce them, and not war. I
know this will be less effectual on this side the Mississippi,
where they can have recourse to the British; but this will not
be a long-lived evil. By this forbearing conduct towards the
Mississippian Indians for seven years past, they are become
satisfied of our justice and moderation towards them, that we
have no desire of injuring them, but, on the contrary, of doing
them all the good offices we can, and they are become sincerely
attached to us; and this disposition, beginning with the nearest,
has spread and is spreading itself to the more remote, as fast as
they have opportunities of understanding our conduct. The
Sacs and Foxes, being distant, have not yet come over to us.
But they are on the balance. Those on this side the Mississippi,
will soon be entirely with us, if we pursue our course steadily.
The Osages, Kanzas, the Republican, Great and Wolf Panis,
Matas, Poncaras, &c., who are inclined to the Spaniards, have
not yet had time to know our dispositions. But if we use forbearance,
and open commerce with them, they will come to, and
give us time to attach them to us. In the meantime, to secure
our frontiers, I have expressed myself to General Dearborne in
favor of the three companies of spies, and the military supplies
you ask for. So, also, in the having established factories, at
which all the traders shall be stationary, allowing none to be
itinerant, further than indispensable circumstances shall require.
As soon as our factories on the Missouri and Mississippi can be
in activity, they will have more powerful effects than so many
armies. With respect to the British, we shall take effectual steps
to put an immediate stop to their crossing the Mississippi, by the
severest measures. And I have proposed to General Dearborne
to break up all their factories within our limits on this side the
Mississippi, to let them have them only at fixed points, and suppress
all itinerant traders of theirs, as well as our own. They
have, by treaty, only an equal right of commerce with ourselves,
the regulations of which on our side of the line belongs to us, as
that on their side belongs to them. All that can be required is
that these regulations be equal. These are the general views
which, on the occasion of your letter, I have expressed to General
Dearborne. I reserve myself for consultation with him, and
shall be very glad to receive your sentiments also on the several
parts of them, after which we may decide on the modifications
which may be approved. In the meantime you will probably
receive from him an answer to your letter, till which this communication
of my sentiments may be of some aid in determining
your own course of proceeding.
Your friends here are all well, except Colonel Lewis, who has
declined very rapidly the last few months. He scarcely walks
about now, and never beyond his yard. We can never lose a
better man. I salute you with affection and respect.
Monticello, August 22, 1808.
Dear Sir,—You are not unapprized that in order to check the
evasions of the embargo laws effected under color of the coasting
trade, we found it necessary to prevent the transportation of flour
coast-wise, except to the States not making enough for their own
consumption, and that to place the supplies of these States under
some check, a discretionary power was given to the Governors
to give licenses to the amount of what they deemed the necessary
importation. By a subsequent regulation, the collectors were advised
not to detain suspicious vessels, the articles of whose cargoes
were so proportioned as not to excite suspicion of fraudulent intentions;
and particularly where not more than one-eight in value
was provisions. This last regulation has operated so well that in
the other importing States (Massachusetts excepted) little or no
use has been made of the power of giving special licenses. But
the licenses of Massachusetts, in the first two months, having
amounted to 60,000 barrels of flour, the quantity was so much
beyond their consumption, that it was suspected the licenses
were fraudulently perverted to cover exportation. I therefore requested
Governor Sullivan to discontinue issuing them, as, if the
whole quantity was landed and retained in the State, it could not
want for some time, and if exported, it showed we ought to
guard that avenue to fraud. He apprized me, however, by letter,
of circumstances which induced him to continue a moderated
issue of licenses till he could hear from me, and I approved of
his doing so till he should leave the capital, which he informed
me he should do in the fall, when, if the power were to be continued,
he wished it to be put into other hands, as his absence
would prevent his exercising it. On this ground the matter now
rests. He supposes that about ninety thousand persons in the
State subsist on imported flour, which, at a pound a day, would
require between thirteen and fourteen thousand barrels a month.
Certainly it is not my wish that the want of a single individual
should be unsupplied a single day; and I presume the well-affected
citizens of Massachusetts would not wish, by importing a
superfluous stock, to open a door for defeating a law judged by
the national authorities necessary for the public good, and cheerfully
submitted to elsewhere in the union. The question is,
whether, after so great importations, the permission to all coasting
vessels to take one-eight in provisions will not supply the
State? On this subject I ask your friendly information. If it
will not, then I must request your undertaking to issue licenses,
on the departure of the Governor, to such characters as you may
not suspect would make a fraudulent use of them. The power
will, with propriety, devolve on you, on the Governor's declining
it. You stand next in the confidence of the State, and certainly
second to no one in my confidence. I will therefore ask from
you a full communication of facts, and your opinions on this
subject, with an entire disposition on my part to do whatever,
consistently with my duty, I can do to obviate difficulties. I
pray you to be assured of my constant esteem and attachment.
Monticello, August 24, 1808.
Dear Sir,—My letter of August 21st being gone to the post-office,
I write this as a supplement, which will be in time to go
by the same post. Isham Lewis arrived here last night and tells
me he was with you at St. Louis about the second week in July,
and consequently, after your letter of the 1st of that month, that
four Iowas had been delivered up to you as guilty of the murder
which had been charged to the Sacs and Foxes, and that you
supposed three of them would be hung. It is this latter matter
which induces me to write again.
As there was but one white murdered by them, I should be
averse to the execution of more than one of them, selecting the
most guilty and worst character. Nothing but extreme criminality
should induce the execution of a second, and nothing beyond
that. Besides their idea that justice allows only man for man
that all beyond that is new aggression, which must be expiated
by a new sacrifice of an equivalent number of our people, it is
our great object to impress them with a firm persuasion that all
our dispositions towards them are fatherly; that if we take man
for man, it is not from a thirst for blood or revenge, but as the
smallest measure necessary to correct the evil, and that though
all concerned are guilty, and have forfeited their lives by our
usages, we do not wish to spill their blood as long as there can be
a hope of their future good conduct. We may make a merit of
restoring the others to their friends and their nation, and furnish
a motive for obtaining a sincere attachment. There is the more
reason for this moderation, as we know we cannot punish any
murder which shall be committed by us on them. Even if the
murderer can be taken, our juries have never yet convicted the
murderer of an Indian. Should these Indians be convicted, I
would wish you to deliver up to their friends at once, those whom
you select for pardon, and not to detain them in confinement until
a pardon can be actually sent you. That shall be forwarded
to you as soon as you shall send me a copy of the judgment on
which it shall be founded.
I am uneasy hearing nothing from you about the Mandan
chief, nor the measures for restoring him to his country. That
is an object which presses on our justice and our honor, and further
than that I suppose a severe punishment of the Ricaras indispensable,
taking for it our own time and convenience. My
letter from Washington asked your opinions on this subject. I
repeat my salutations of affection and respect.
Monticello, August 25, 1808.
Dear Sir,—In my letter of the 15th I informed you that I
had authorized Governor Tompkins to order out such aids of
militia on Lake Ontario and the Canada line, as he should find
necessary to enforce the embargo, not exceeding five hundred,
he proposing to repair thither himself to select trusty persons. I
am now to request that you will have measures taken for their
pay, subsistence, and whatever else is requisite.
I enclose you applications for military command in favor of
John B. Livingston and John Murphy, a letter from Governor
Hull, and one from Howell Hern, who seems to have just cause
of complaint against Captain Armistead; and I salute you with
affection and respect.
Monticello, August 26, 1808.
Dear Sir,—Yours of the 17th was received only yesterday.
It ought to have come by the preceding post. I mention the
delay of your letters, as you may perhaps know how it happens.
Smissaert's Case.
The exportation of these doits was refused before, and I see
no reason for a change of opinion. They are understood to
be private property. If they were public, we might on a principle
of comity permit their exportation in their own or any
other foreign vessel. But comity does not require us to send
our ships and seamen into the mouths of captors. I am not
sufficiently informed of the conduct of the Batavian government
towards our vessels at present, to derive any motive from that
to affect the present case.
Kettridge's letter, with yours to him and Blake, and Burt's
letter, are now returned. I am in hopes the successes of our
armed vessels will check the evasions of the embargo. I have
received no letter from Governor Tompkins since that of the
9th, my answer to which, of the 15th, contained assurances
which would fully meet any case of militia ordered out by him
under five hundred, as to our answering the expense. I will
write immediately to General Dearborne to provide pay and subsistence,
and will send it open to his chief clerk at Washington,
with instructions to him to take order in it immediately, to prevent
the delay from General Dearborne's absence. I will also
write to General Wilkinson to forward the recruits of New York
to the positions you have named. Your circular for the North
Carolina navigation, and the papers concerning the Mandarin, are
not yet received. Astor's publication in the Aurora has sufficiently
quieted me on that head. * * * * *
P. S. No letter yet from Mr. Pinckney.
Monticello, August 26, 1808.
Sir,—In answer to the petition which you delivered me from
the officers of merchant vessels belonging to Philadelphia, I must
premise my sincere regret at the sacrifices which our fellow citizens
generally, and the petitioners in particular, have been
obliged to meet by the circumstances of the times. We live in
an age of affliction, to which the history of nations presents no
parallel. We have for years been looking on Europe covered
with blood and violence, and seen rapine spreading itself over
the ocean. On this element it has reached us, and at length in
so serious a degree, that the Legislature of the nation has thought
it necessary to withdraw our citizens and property from it, either
to avoid, or to prepare for engaging in the general contest. But
for this timely precaution, the petitioners and their property
might now have been in the hands of spoilers, who have laid
aside all regard to moral right. Withdrawing from the greater
evil, a lesser one has been necessarily encountered. And certainly,
could the Legislature have made provision against this
also, I should have had great pleasure as the instrument of its
execution, but it was impracticable, by any general and just
rules, to prescribe in every case the best resource against the
inconveniences of this new situation. The difficulties of the
crisis will certainly fall with greater pressure on some descriptions
of citizens than on others; and on none perhaps with
greater than our seafaring brethren. Should any means of alleviation
occur within the range of my duties, I shall with certainty
advert to the situation of the petitioners, and, in availing
the nation of their services, aid them with a substitute for their
former occupations. I salute them and yourself with sentiments
of sincere regard.
Monticello, August 27, 1808.
Dear Sir,—In my letter of yesterday I omitted to enclose
that of Hern, which I now do. I add to it a newspaper from
St. Louis, in which is an account of the surrender of some Indian
murderers. This paper says there were three or four
whites murdered. But I think Governor Lewis' letter says but
one. On that ground I wrote to him to recommend, if they
should be convicted, to suffer only one to be executed, unless
there was strong reason for doing more, and to deliver up the
rest to their friends, as a proof of our friendship and desire not
to injure them. Mr. Woolsey, our Collector on Champlain, has
lately been to Montreal. He took much pains to find out the
British strength in that quarter, and the following is what he
says, we may rely on:
| At |
Montreal |
450 |
|
Chambly |
80 |
|
St. John's |
40 |
|
Odle Town |
14 |
|
Isle Aux Noix |
10 |
|
|
594 |
He adds, that 10,000 men will take the whole country to within
a league of Quebec. I salute you with affection and respect.
United States, August 29, 1808.
Great and good Friend and Emperor,—Desirous of promoting
useful intercourse and good understanding between your
majesty's subjects and the citizens of the United States, and especially
to cultivate the friendship of your majesty, I have appointed
William Short, one of our distinguished citizens, to be
in quality of Minister Plenipotentiary of the United States, the
bearer to you of assurances of their sincere friendship, and of
their desire to maintain with your majesty and your subjects the
strictest relations of amity and commerce: he will explain to
your majesty the peculiar position of these States, separated by a
wide ocean from the powers of Europe, with interests and pursuits
distinct from theirs, and consequently without the motives
or the appetites for taking part in the associations or oppositions
which a different system of interests produces among them; he
is charged to assure your majesty more particularly of our purpose
to observe a faithful neutrality towards the contending
powers, in the war to which your majesty is a party, rendering
to all the services and courtesies of friendship, and praying for
the re-establishment of peace and right among them; and we entertain
an entire confidence that this just and faithful conduct on
the part of the United States will strengthen the friendly dispositions
you have manifested towards them, and be a fresh motive
with so just and magnanimous a sovereign to enforce, by the high
influence of your example, the respect due to the character and
the rights of a peaceable nation. I beseech you, great and good
friend and emperor, to give entire credence to whatever he shall
say to you on the part of these States, and most of all when he
shall assure you of their cordial esteem and respect for your majesty's
person and character, praying God always to have you in
his safe and holy keeping.
Monticello, August 30, 1808.
Dear General,—The absence of General Dearborne and his
great distance render it necessary to recommend a measure which
should regularly go from him, but will not admit of that delay.
The armed resistance to the embargo laws on the Canada line
induced us at an early period to determine that the new recruits
of the northern States should be rendezvoused there, and I presume
you received such instructions from General Dearborne. In
the meantime we have been obliged to make several detachments
of militia to points on that line. This is irksome to them, expensive,
troublesome, and less efficacious. Understanding that
there are three companies of new recruits filled, or nearly filled,
at New York, I must pray you to order these, and indeed all the
recruits of the State of New York, to Sackett's Harbor, Oswegatchie,
and Plattsburgh, in equal proportions to each, in order to
support the collectors in the execution of their duties, and this
without any avoidable delay, giving notice to Governor Tompkins
of their march and time of probable arrival at their destination,
that he may give corresponding orders respecting the relief of the
militia. I salute you with esteem and respect.
Monticello, August 30, 1808.
Dear Sir,— * * * * *
Mr. Madison and myself on repeated consultations, (and some of
the other members of the executive expressed the same opinion
before they left Washington,) have concluded that the mission
to Petersburgh should not be delayed. Being special, and not
permanent, the waiting the meeting of the Senate is less important,
and, if we waited, that it could not go till spring, and we
know not what this summer and the ensuing winter may produce.
We think secrecy also important, and that the mission
should be as little known as possible, till it is in Petersburgh,
which could not be, if known to the Senate. Mr. Short goes
therefore in the aviso from Philadelphia, to be engaged for September
15th. He is peculiarly distressed by sickness at sea, and
of course more so the smaller the vessel. I think, therefore, the
occasion justifies the enlargement of our vessel somewhat beyond
what might be necessary for a mere aviso. The season, too, by
the time of her return, might render it desirable for safety, which
circumstance may be mentioned in your instructions to the collector,
to prevent his suspicions of the real ground. I salute you
with affection and respect.
Monticello, September 5, 1808.
Dear Sir,—The last post brought me the counter addresses
now enclosed. That from Ipswich is signed by about forty
persons; the town meeting which voted the petition consisted
of thirty. There are 500 voters in the place. The counter address
of Boston has 700 signatures. The town meeting voting
the petition is said to have consisted of 500. In the draught of
an answer enclosed, I have taken the occasion of making some
supplementary observations which could not with propriety have
been inserted in the answers to the petitions. The object is that
the two together may present to our own people the strongest
points in favor of the embargo in a short and clear view. An
eye is also kept on foreign nations, in some of the observations.
Be so good as to make it what it should be, and return it by the
first post. * * * * *
I salute you with constant and sincere affection.
Monticello, September 5, 1808.
Dear Sir,—Yours of August 18th is this moment received, and
I forward you a letter of July 16th, from Governor Lewis, from
which you will perceive that the cloud between us, the Iowas,
Foxes, and Sacs, is cleared up. He says nothing of the Osages;
but I presume their enemies have taken advantage of the withdrawing
our protection from them. Should you not have issued
orders for the 100,000 men, I believe it may rest till we meet
in Washington, under present appearances, that they may not be
wanting. Mr. Pinckney, in a letter of June 29th, says, "I had
a long interview this morning with Mr. Canning, which has given
me hopes that the [3]object mentioned in your letter of April 30th
may be accomplished, if I should authorize the expectation which
the same [4]letter suggests." He adds that he waits for the St.
Michael, when he will give the result and details. He thinks
they will also make acceptable satisfaction for the Chesapeake.
Proposing to leave this on the 28th, I presume I had better reserve
future communications for our meeting at Washington.
I salute you with constant affection and respect.
Monticello, September 6, 1808.
Dear Sir,—I return you Pinckney's letter, the complexion of
which I like. If they repeal their orders, we must repeal our
embargo. If they make satisfaction for the Chesapeake, we must
revoke our proclamation, and generalize its operation by a law.
If they keep up impressments, we must adhere to non-intercourse,
manufacturers' and a navigation act. I enclose for your perusal
a letter of Mr. Short's. I inform him that any one of the persons
he names would be approved, the government never recognizing
a difference between the two parties of republicans in Pennsylvania.
* * * * * * * *
I salute you with constant affection.
Monticello, September 6, 1808.
Dear Sir,—I avail myself of the last moment allowed by the
departure of the post to acknowledge the receipt of your letters
of the 27th and 31st ult., and to say in answer to the last, that
any one of the three persons you there propose would be approved
as to their politics, for in appointments to office the government
refuses to know any difference between descriptions of
republicans, all of whom are in principle, and co-operate, with the
government. Biddle we know, and have formed an excellent
opinion of him. His travelling and exercise in business must
have given him advantages. I am much pleased with the account
you give of the sentiments of the federalists of Philadelphia
as to the embargo, and that they are not in sentiment with
the insurgents of the north. The papers have lately advanced
in boldness and flagitiousness beyond even themselves. Such
daring and atrocious lies as fill the third and fourth columns of
the third page of the United States Gazette of August 31st, were
never before, I believe, published with impunity in any country.
However, I have from the beginning determined to submit myself
as the subject on whom may be proved the impotency of a
free press in a country like ours, against those who conduct
themselves honestly and enter into no intrigue. I admit at the
same time that restraining the press to truth, as the present laws
do, is the only way of making it useful. But I have thought
necessary first to prove it can never be dangerous. Not knowing
whether I shall have another occasion to address you here, be
assured that my sincere affections and wishes for your success
and happiness accompany you everywhere.
Monticello, September 9, 1808.
Dear Sir,—Your two letters of the 2d instant were read yesterday
afternoon, and I now return you Penniman's and Gray's
papers, and the New Orleans petition. Penniman's conduct deserves
marked approbation, and there should be no hesitation
about the expenses reasonably incurred. If all these people are
convicted, there will be too many to be punished with death.
My hope is that they will send me full statements of every man's
case, that the most guilty may be marked as examples, and the
less so suffer long imprisonment under reprieves from time to
time.
Packet between Vermont and Canada.
I do not think this is a time for opening new channels of intercourse
with Canada, and multiplying the means of smuggling,
and am therefore against this proposition.
Mr. Gray's case.
His late rational and patriotic conduct would merit any indulgence
consistent with our duty; but the reason and the rule
against permitting long voyages at present, are insurmountable
obstacles. It is to be hoped some circuitous means of sending
his proofs can be found. A vessel may go from England as well
as from here.
New Orleans Petition.
You know I have been averse to letting Atlantic flour go to
New Orleans merely that they may have the whitest bread
possible. Without honoring the motives of the petition, it gives
us the fact that there is western flour enough for the New Orleans
market. I would therefore discourage Atlantic cargoes to that
place.
I send you the petition of Thomas Beatty for Samuel Glen,
of Londonderry, for permission to load a vessel for Ireland. Mr.
Beatty met me in the road in one of my daily rides. I gave his
paper a hasty perusal, and, asking time for consideration, I told
him I would enclose it to you, who would give the answer. On
a more deliberate reading of it, I see nothing to exempt it from
the general rules, according to which you will be so good as to
dispose of it.
The cases from Charleston require consideration, and our regular
post gives me, in fact, but one forenoon to answer letters. I
will forward them to Mr. Theus by our extra post of the 13th.
I salute you with friendship and respect.
Monticello, September 10, 1808.
Sir,—According to the request of Mr. Gallatin's letter, herewith
enclosed, I have considered the petitions of Grove, Himely,
Everingham, and Ogier & Turner, referred to me by him, and
forward you the decisions for your government. They are addressed
to yourself directly, to avoid unnecessary delay to the
parties, by passing them through him, as regularly they should
have been.
Grove's Case.
Although the circular of the 1st of July limited no precise day
for the departure of vessels under permits, yet in all such cases,
a reasonable time only is to be understood, such as using due
diligence, will suffice for the object. Such regulations can never
be deemed but as temporary, and especially in times when the
political circumstances governing them are liable to daily change.
The time between the receipt at Charleston, of the circulars of
July 1st and August 1st, was from the 19th or 20th of July to
the 16th of August,—twenty-seven days; and within this time
Mr. Grove states explicitly that he had prepared and cleared out
the ship Pierce Manning, for the Havanna, and that she would
have sailed before the 16th of August but for adverse winds.
Considering, therefore, that the limitation of departure to the
15th of August was not known at Charleston till the 16th, so
that not a moment's warning was given of it there, I think that,
satisfactory proof being exhibited to the collector, that she was
ready for sailing, or even very nearly ready on the 16th of August.
She may now be permitted to depart, on condition that she does
depart within such time as the state of her preparation, somewhat
of course relaxed during the suspension, may in the judgment of
the collector render necessary.
The reasons for originally limiting a day, increased by time
require the exaction of this condition.
Himeley's Case.
This petition has no date; but it imports to have been written
on the day of the receipt of the circular of August 1st at Charleston,
and consequently on the 16th of August. It affirms that
the brig Three Brothers, for Matanzas, then had on board the
crew and necessary provisions, and assigns a probable reason why
she could not have been ready sooner. For the reasons, and
on the conditions stated in Grove's case, (that is to say, on proof
of the facts to the collector, and her prompt departure,) she ought
to have a permit.
Everingham's Case.
I put entirely out of sight, as having no bearing on this case,
everything which passed prior to the receipt of the circular of
July 1st, and consider the case as beginning de novo then, and
under that circular. The petitioner declares expressly that on
the publication of that circular, (July 20th,) he used every exertion
to prepare the ship Diana for a voyage to the Havanna, and
had just prepared her therefor when the circular of August 1st
was received. The expression just prepared, is not absolutely
definite. It may respect time or degree. It implies, however,
that she was very nearly, if not quite, prepared. And if the collector
receives satisfactory proof that he was nearly prepared,
although she might not be in absolute readiness at the first
moment of receiving the warning, and on the conditions stated
in Grove's case.
The case of the schooner James is very different. The petitioner
only states that he had applied to the collector, and obtained
leave prior to August 1st,—had begun to use exertions,
&c., and had ordered her to be careened and graved, &c., when
the circular of August 1st arrived, to wit, August 16th, twenty-seven
days had therefore intervened, and nothing more than an
order given to careen. In the other cases we have seen that the
twenty-seven days were sufficient to be in a state of actual readiness,
even where a part of the loading was to be sent for from
another State. No permit, therefore, can be granted in this case.
Ogier & Turner's Case.
The petitioners state that Ogier had time, after the receipt
of the circular of July 1st, to prepare and despatch one vessel;
but that they were only preparing other vessels when the second
circular was received, to wit, August 16th, whereupon the collector
refused to let them despatch the vessels which they had
been preparing as aforesaid. A due diligence then having
enabled them to despatch one vessel in the twenty-seven days, a
like diligence, had it been used, might have despatched others.
But from the tenor of their petition, the preparations of the others
seem to have been merely incipient, and not near completion.
They have consequently lost the claims on that equity which
extends relief against rigorous rules, where due exertions have
been used to fulfil them, and have been defeated only by accidental
and unavoidable want of notice. They are not entitled
to permits in this case.
Monticello, September 13, 1808.
Dear Sir,—I send you a letter of Short's for perusal, and one
of Edgar Patterson, asking what is already I presume provided
for, and one of General Armstrong, which I do not well understand,
because I do not recollect the particular letter which came
by Haley. I presume the counsel he refers to is to take possession
of the Floridas. This letter of June 15th is written after
the cession by Carlos to Bonaparte of all his dominions, when he
supposed England would at once pounce on the Floridas as a
prey, or Bonaparte occupy it as a neighbor. His next will be
written after the people of Spain will have annihilated the cession,
England become the protector of Florida, and Bonaparte
without title or means to plant himself there as our neighbor.
Ought I to answer such a petition as that of Rowley? The
people have a right to petition, but not to use that right to cover
calumniating insinuations.
Turreau writes like Armstrong so much in the buskin, that he
cannot give a naked fact in an intelligible form. I do not know
what it is he asks for. If a transport or transports to convey
sailors, there has been no refusal; and if any delay of answer, I
presume it can be explained. If he wishes to buy vessels here,
man them with French seamen, and send them elsewhere, the
breach of neutrality would be in permitting, not in refusing it.
But have we permitted this to England? His remedy is easy
in every case. Repeal the decrees. I presume our Fredericksburg
rider need not come after his next trip. I salute you affectionately.
Monticello, September 16, 1808.
Dear Sir,—You will perceive by the enclosed papers that an
aggression has been committed on the Spanish territory by (if I
understand the case,) both our land and sea officers. I enclose
the papers to you that the necessary orders may be given in your
department, and the papers handed on to the War department
that the same may be done there. I suppose it will suffice for
the present to order the men to be immediately given up, and
the officers given to understand that the conduct of those who
committed it will become a subject of consideration for the Cabinet
on its re-assembling at Washington, and that we will not
permit aggressions to be committed on our part, against which
we remonstrated to Spain on her part.
I expect to be in Washington on the last day of September, or
1st of October. I salute you with affection and respect.
Monticello, September 20, 1808.
Dear Sir,—Yours of September 10th and 14th were received
yesterday, and my time being brief, my answer must be so.
Brig Betsey, and the Aurora.
The first having put back by stress of weather, and inevitable
necessity, ought, I think, to be permitted to sail again; but not
to the Aurora, which put back merely because the Captain was
a fool. They have lost their chance by their own folly, and
have no claim to be excepted out of the general rule. If you
concur in these opinions be so good as to act on them; but if
you think differently, let them lie till we meet, which will probably
be within two or three days after you receive this.
Mr. Soderstrom.
His application is peremptorily refused, and his lawyer's opinions
are sent to Mr. Madison, that he may be properly reprimanded.
For a foreign agent, addressed to the Executive, to
embody himself with the lawyers of a faction whose sole object
is to embarrass and defeat all the measures of the country, and
by their opinions, known to be always in opposition, to endeavor
to influence our proceedings is a conduct not to be permitted.
The government will certainly decide for itself on whose counsel
they will settle the construction of the laws they are to execute.
We are to look at the intention of the Legislature, and to
carry it into execution while the lawyers are nibbling at the
words of the law. It is well known that on every question the
lawyers are about equally divided, as is seen in the present case,
and were we to act but in cases where no contrary opinion of a
lawyer can be had, we should never act. I send White's petition
for better information, to be acted on when we meet. Affectionate
salutations.
October 14, 1808.
As we know that Sullivan's licenses have overstocked the
wants of the eastern States with flour, the proposal to carry more
there is of itself suspicious, and therefore even regular traders
ought not to be allowed. The regular trade was to supply flour
for exportation as well as consumption. If the rule of the sixth
(or eighth, I believe,) is extended to them, the supply will be
kept up sufficiently for consumption. The rule of the sixth is a
good one, because if the vessel goes off, the gain will not be
more than the loss by forfeiture, which in that case becomes an
efficient penalty. If they wish to take more, it furnishes good
grounds of suspicion that they mean to pay the forfeitures out of
the gains, and to profit by the surplus. I should think it ought
to be adhered to, and that the collectors should consider it as a
rule to regulate their discretion, and to give equal measure in all
our posts to all our citizens.
* * * * * * * *
Washington, October 15, 1808.
Sir,—Your letter of September the 22d waited here for my return,
and it is not till now that I have been able to acknowledge it.
The explanation of his principles given you by the French Emperor,
in conversation, is correct as far as it goes. He does not
wish us to go to war with England, knowing we have no ships
to carry on that war. To submit to pay to England the tribute
on our commerce which she demands by her orders of council,
would be to aid her in the war against him, and would give him
just ground to declare war with us. He concludes, therefore, as
every rational man must, that the embargo, the only remaining
alternative, was a wise measure. These are acknowledged principles,
and should circumstances arise which may offer advantage
to our country in making them public, we shall avail ourselves
of them. But as it is not usual nor agreeable to governments to
bring their conversations before the public, I think it would be
well to consider this on your part as confidential, leaving to the
government to retain or make it public, as the general good may
require. Had the Emperor gone further, and said that he condemned
our vessels going voluntarily into his ports in breach of
his municipal laws, we might have admitted it rigorously legal,
though not friendly. But his condemnation of vessels taken on
the high seas, by his privateers, and carried involuntarily into his
ports, is justifiable by no law, is piracy, and this is the wrong we
complain of against him.
Supposing that you may be still at Clermont, from whence
your letter is dated, I avail myself of this circumstance to request
your presenting my friendly respects to Chancellor Livingston.
I salute you with esteem and respect.
Washington, October 16, 1808.
* * * * * * * *
Massey's Commission.—A half-sighted lawyer might, perhaps,
say that a commission signed with a blank for the name,—afterwards
filled up, was a nullity, because, in legal instruments, any
change in a material part of a bond, deed, &c., after sealing
and delivery, nullifies it. But I am not certain whether there
are not cases, even in ordinary transactions at law, where it is
otherwise,—e. g., a power of attorney sent to a distance, with a
blank for the name, a blank commission, a blank subpœna, &c.
But in matters of government, there can be no question but that
the commission sealed and signed, with a blank for the name,
date, place, &c., is good; because government can in no country
be carried on without it. The most vital proceedings of our own
government would become null were such a construction to prevail,
and the argumentum ab inconvenienti, which is one of the
great foundations of the law, will undoubtedly sustain the practice,
and sanction it by the maxim "qui facit per alterum, facit
per se." I would not therefore give the countenance of the government
to so impracticable a construction by issuing a new commission.
Affectionate salutations.
Washington, October 17, 1808.
Sir,—However favorably the enclosed papers represent the
case of Alexander Frost, yet it would be against every rule
of prudence for me to undertake to revise the verdict of a jury on
ex parte affidavits and recommendations. If the judges and yourself
who were present at the trial think the defendant a proper
object of pardon, I shall be ready, on such a recommendation, to
issue it. I ask the favor of your information on this subject, and
salute you with esteem and respect.
October 18, 1808.
I think that none of the circumstances, preceding the passage
of the embargo law, stated by Mr. Lorent, make any part of his
case. The misfortunes entering into the preceding history of
that property, not flowing from any act of this government,
authorizes no claims on it. The embargo law excepted from its
own operation articles then laden on board a foreign ship, without
distinguishing between articles of foreign or national property.
It subjected to its operation all articles, whether foreign or national
property, not then laden on board any foreign ship. Mr. Lorent's
property was not then laden on board of any foreign ship, is
therefore within the words of the law, and as certainly within
its purview. It is not one of those cases which, though within
the words of the law, were notoriously not within its intention,
and are therefore relievable by an equitable exercise of discretionary
power. Affectionate salutations.
October 19, 1808.
I enclose you a petition of the widow Bennet for the liberation
of her son at Boston, a minor, or for a moiety of three
months' pay, to enable her to go to another son. I think when
her case was formerly before us, she was said to be a woman of
ill fame, and that her son did not wish to return to her. Still,
however, the mother, if there be no father, is the natural guardian,
and is legally entitled to the custody and the earnings of
her son. If she were to make her demand legally for both or
either, she would prevail. May it not be for the benefit of the
son and of the service, to compromise by paying the sixteen dollars,
and taking a regular relinquishment or transfer of her rights
to the body of her son, and his earnings in future, so that we
may have no more to do with her. This is referred to Mr.
Smith's consideration. Affectionate salutations.
October 19, 1808.
Is the case proposed by Mr. Wolcott left by the law at the
discretion of anybody? The law makes it the duty of the Collector
to detain if he suspects an intention to export to a foreign
market, à fortiori if that intention be avowed. It is true that
the first step proposed is only to go to another district, but declared
to be preparatory to an exportation to the West Indies.
It is true also that they say they do not mean to export until the
law is repealed. But ought we under that cover to facilitate
those illegal views which our experience has proved to be so
general? Still, if there be any sound ground on which the permission
can be given, I would rather make it the subject of consultation
with you, than to have the present understood to be a
final decision. Affectionate salutations.
Washington, October 19, 1808.
Sir,—Your favor of the 10th has been duly received. Certainly
I would with great pleasure contribute anything in my
power to render the history you propose to write a faithful account
of the period it will comprehend. Nothing is so desirable
to me, as that after mankind shall have been abused by such
gross falsehoods as to events while passing, their minds should
at length be set to rights by genuine truth. And I can conscientiously
declare that as to myself, I wish that not only no
act but no thought of mine should be unknown. But, Sir, my
other and more imperious duties put it out of my power. So
totally is my time engrossed by the public concerns, that for
mere want of time, many of them which I ought to attend to
myself, if my time sufficed, I am obliged, for want of it, to refer
to others. To withdraw myself from still more of them for
any voluntary object would be a failure in duty. If you shall
think proper, as you say, to commit to me the perusal of the
manuscript before it goes to the press, I shall then probably be in
a private station, and master of my own time, and I will carefully
examine, and faithfully offer any corrections or supplements
which I may think will render it a true representation of
events. I salute you with esteem and respect.
Washington, October 19, 1808.
Sir,—Your two letters of the 11th inst. have been received,
and I am obliged to observe that so wholly do the indispensable
duties of my office engross my whole time, that I could not give
a deliberate reading to two letters so voluminous as these, and
not relating to my particular functions, without withdrawing
time from objects having stricter claims on me. I have run over
them hastily, and perceive that you are still engaged in the pursuit
of the method of finding the longitude at sea by an observation
of Jupiter and his satellites, brought to the horizon by a
double reflection, as in Hadley's quadrant. That you have written
a play to raise funds for prosecuting this, and wish me to circulate
a subscription for it and print your letters. I will willingly
subscribe myself for a number of copies to help you, but I
have never permitted myself to be the circulator of any subscription,
or to have agency in printing anything, conceiving it improper
in my present office. And however wishful of your success
in raising funds, I confess I should think them better applied
to the comfort of your family. After so many better opinions
it may be superfluous to offer mine. Yet justified by my
friendly motives in doing so, I will observe, that to get the longitude
at sea by observation of the eclipses of Jupiter's satellites,
two desiderata are wanting: 1st, a practicable way of keeping
the planet and satellite in the field of a glass magnifying sufficiently
to show the satellites; 2d, a time-piece which will
give the instant of time with sufficient accuracy to be useful.
The bringing the planet and satellite to the horizon does not
sensibly facilitate the observation, because the planet in his ascending
and descending course is at such heights as admit the
direct observation with entire convenience. On the other hand,
so much light is lost by the double reflection as to dim the objects
and lessen the precision with which the moment of ingress
and egress may be marked. This double reflection also introduces
a new source of error from the inaccuracy of the instrument;
2d, the desideratum of a time-piece which, notwithstanding
the motion of the ship, shall keep time during a whole voyage
with sufficient accuracy for these observations, has not yet
been supplied. Fine time-keepers have been invented, but not
equal to what is requisite, all of them deriving their motion from
a spring, and not from a pendulum. Indeed these pursuits have
lost much of their consequence since the improvement of the
lunar tables has given the motion of the moon so accurately, as
to make that a foundation for estimating the longitude by her
relative position at a given moment with the sun or fixed stars.
Every captain of a ship now understands the method of taking
these lunar observations, and of calculating his longitude by them.
I have gone into these details with the most friendly view of
dissuading you from wasting time, which you represent as so
much needed for your family, in a pursuit which has baffled
every human endeavor as yet, and has lost so much of its importance.
I return you your letters, because you wish to have
them published, and conclude with my best wishes for the success
of your endeavors to raise the funds you desire, and for the application
of them which shall be best for yourself and your
family.
October 21, 1808.
The case of the Martinique Petitioners.
I think it wrong to detain foreigners caught here by the embargo;
but in permitting them to take our vessels to return in,
we do what is a matter of favor, not of right. Of course we can
restrict them to a tonnage proportioned to their numbers. In the
transport service I believe the allowance is two tons to every
person. We may allow a little more room; but there ought to
be an end to this, and I think it high time to put an end to it.
What would you think of advertising that after a certain day, no
American vessel will be permitted to go out for the purpose of
carrying persons. Perhaps this should be communicated by the
Secretary of State to the foreign ministers.
* * * * * * * *
Fronda states that a proprietor of Amelia Island, in Florida,
shipped his crop for a foreign port on board an American vessel.
The vessel was taken by the Argus, carried into Savannah, and
condemned for a breach of the embargo laws; the cargo pronounced
clear. Probably the vessel had left our harbors without
a clearance, though that is not stated, nor the cause of her condemnation
specified. Permission is asked to send away the
cargo. If the Spanish proprietor had no agency in drawing the
vessel away contrary to the embargo laws, his employment of
her was innocent, and he ought to be permitted to send his cargo
out; because for us to take his property and bring it in by force,
and against his will, and then to detain it under pretext of an
embargo, would be equivalent to piracy or war. A vessel driven
involuntarily into a port by weather, or an enemy, with prohibited
goods, is always allowed to depart, and even to sell as
much of the goods as will make the vessel sea-worthy, if disabled.
I do not know, however, that in the present case we are
bound to do any more than let one of our vessels be engaged to
replace the cargo in Amelia Island, and certainly we ought not
to let it go to any distant port; but if the proprietor enticed or
engaged the vessel to break the embargo law, he was particeps
criminis, and must submit to the loss which he has brought on
himself. I send you Fronda's note, which should be returned to
Mr. Madison, with information of the order you shall give for inquiring
into the facts, and permission or refusal as they shall turn
out. Affectionate salutations.
Washington, October 27, 1808.
Dear Sir,—When I received your letter of the 16th, I thought
I had not a copy of my report on measures, weights, and coins,
except one bound up in a volume with other reports; but on
carefully searching a bundle of duplicates, I found the one I now
enclose you, being the only detached one I possess. It is defective
in one article. The report was composed under a severe
attack of periodical headache, which came on every day at sunrise,
and never left me till sunset. What had been ruminated in
the day under a paroxysm of the most excruciating pain, was
committed to paper by candlelight, and then the calculations
were made. After delivering in the report, it was discovered
that in calculating the money unit § 5 page 49, there was a small
error in the third or fourth column of decimals, the correction of
which however brought the proposed unit still nearer to the established
one. I reported the correction in a single leaf to Congress.
The copy I send you has not that leaf.
The first question to be decided is between those who are for
units of measures, weights, and coins, having, a known relation
to something in nature of fixed dimension, and those who are
for an arbitrary standard. On this "dice vexata quaestio" it is
useless to say a word, every one having made up his mind on a
view of all that can be said. Mr. Dorsey was so kind as to send
me his pamphlet, by which I found he was for the arbitrary
standard of one-third of the standard yard of H. G. of England,
supposed to be in the Exchequer of that nation, a fac simile of
which was to be procured and lodged in Philadelphia. I confess
myself to be of the other sect, and to prefer an unit bearing a
given relation to some fixed subject of nature, and of preference
to the pendulum, because it may be in the possession of every
man, so that he may verify his measures for himself. You will
observe that I proposed alternative plans to Congress, that they
might take the one or the other, according to the degree of
courage they felt. The first is from page 18 to 38; the second
from page 39 to 44. Were I now to decide, it would be in favor
of the first, with this single addition, that each of the denominations
there adopted, should be divisible decimally at the will of
every individual. The iron-founder deals in tons; let him take
the ton for his unit, and divide it into 10ths, 100ths, and 1000ths.
The dry-goods merchant deals in pounds and yards; let him
divide them decimally. The land-measurer deals in miles and
poles; divide them decimally, only noting over his figures what
the unit is, thus:
| Tons. |
Lbs. |
Yds. |
Miles. |
| 18.943, |
18.943, |
1.8943, |
189.43, |
&c. |
I have
lately had a proof how familiar this division into dimes, cents,
and mills, is to the people when transferred from their money to
anything else. I have an odometer fixed to my carriage, which
gives the distances in miles, dimes, and cents. The people on
the road inquire with curiosity what exact distance I have found
from such a place to such a place; I answer, so many miles, so
many cents. I find they universally and at once form a perfect
idea of the relation of the cent to the mile as an unit. They
would do the same as to yards of cloth, pounds of shot, ounces
of silver, or of medicine. I believe, therefore, they are susceptible
of this degree of approximation to a standard rigorously
philosophical; beyond this I might doubt. However, on this
too every one has an opinion, and I am open to compromise, as
I am also to other plans of reformation, of which multitudes have
been published. I can conclude, therefore, candidly with the
"si quid novisti rectius," &c., and sincerely with assurances of
my constant esteem and respect.
Washington, October 27, 1808.
Dear Sir,—You will wonder that your letter of June the 3d
should not be acknowledged till this date. I never received it
till September the 12th, and coming soon after to this place, the
accumulation of business I found here has prevented my taking
it up till now. That you ever participated in any plan for a
division of the Union, I never for one moment believed. I knew
your Americanism too well. But as the enterprise against Mexico
was of a very different character, I had supposed what I heard on
that subject to be possible. You disavow it; that is enough for
me, and I forever dismiss the idea. I wish it were possible
to extend my belief of innocence to a very different description
of men in New Orleans; but I think there is sufficient evidence
of there being there a set of foreign adventurers, and native malcontents,
who would concur in any enterprise to separate that
country from this. I did wish to see these people get what they
deserved; and under the maxim of the law itself, that inter arma
silent leges, that in an encampment expecting daily attack from
a powerful enemy, self-preservation is paramount to all law, I expected
that instead of invoking the forms of the law to cover
traitors, all good citizens would have concurred in securing them.
Should we have ever gained our Revolution, if we had bound
our hands by manacles of the law, not only in the beginning,
but in any part of the revolutionary conflict? There are extreme
cases where the laws become inadequate even to their own preservation,
and where the universal resource is a dictator, or martial
law. Was New Orleans in that situation? Although we
knew here that the force destined against it was suppressed on
the Ohio, yet we supposed this unknown at New Orleans at the
time that Burr's accomplices were calling in the aid of the law
to enable them to perpetrate its suppression, and that it was
reasonable, according to the state of information there, to act on
the expectation of a daily attack. Of this you are the best
judge.
Burr is in London, and is giving out to his friends that that
government offers him two millions of dollars the moment he can
raise an ensign of rebellion as big as a handkerchief. Some of
his partisans will believe this, because they wish it. But those
who know him best will not believe it the more because he says
it. For myself, even in his most flattering periods of the conspiracy,
I never entertained one moment's fear. My long and
intimate knowledge of my countrymen, satisfied and satisfies me,
that let there ever be occasion to display the banners of the law,
and the world will see how few and pitiful are those who shall
array themselves in opposition. I as little fear foreign invasion.
I have indeed thought it a duty to be prepared to meet even the
most powerful, that of a Bonaparte, for instance, by the only
means competent, that of a classification of the militia, and placing
the junior classes at the public disposal; but the lesson he receives
in Spain extirpates all apprehensions from my mind. If
in a peninsula, the neck of which is adjacent to him and at his
command, where he can march any army without the possibility
of interception or obstruction from any foreign power, he finds it
necessary to begin with an army of three hundred thousand men,
to subdue a nation of five millions, brutalized by ignorance, and
enervated by long peace, and should find constant reinforcements
of thousands after thousands, necessary to effect at last a conquest
as doubtful as deprecated, what numbers would be necessary
against eight millions of free Americans, spread over such an extent
of country as would wear him down by mere marching, by
want of food, autumnal diseases, &c.? How would they be
brought, and how reinforced across an ocean of three thousand
miles, in possession of a bitter enemy, whose peace, like the repose
of a dog, is never more than momentary? And for what?
For nothing but hard blows. If the Orleanese Creoles would
but contemplate these truths, they would cling to the American
Union, soul and body, as their first affection, and we should be
as safe there as we are everywhere else. I have no doubt of
their attachment to us in preference of the English.
I salute you with sincere affection and respect.
Washington, October 28, 1808.
Sir,—I thank you for the copy of General Kosciusko's treatise
on the flying artillery. It is a branch of the military art which
I wish extremely to see understood here, to the height of the
European level. Your letter of September 20th was received
in due time. I never received the letter said to have been written
to me by Mr. Malesherbe, in favor of Mr. Masson. The fact
of such a letter having been written by Mr. Malesherbe, is sufficient
ground for my desiring to be useful to Mr. Masson on any
occasion which may arise. No man's recommendation merits
more reliance than that of M. de Malesherbe. The state and interest
of the military academy shall not be forgotten. I salute
you with esteem and respect.
Washington, October 29, 1808.
Sir,—I send the enclosed letter under the benefit of your
cover, and open, because I wish you to know its contents. I
thought the person to whom it is addressed a very good man
when here,—he is certainly a very learned and able one. I
thought him peculiarly qualified to be useful with you. But in
the present state of my information, I can say no more than I
have to him. When you shall have read the letter, be so good
as to stick a wafer in it, and not let it be delivered till it is dry,
that he may not know that any one but himself sees it. The
Spanish paper you enclosed me is an atrocious one. I see it has
been republished in the Havanna. The truth is that the patriots
of Spain have no warmer friends than the administration of the
United States, but it is our duty to say nothing and to do nothing
for or against either. If they succeed, we shall be well satisfied
to see Cuba and Mexico remain in their present dependence;
but very unwilling to see them in that of either France or England,
politically or commercially. We consider their interests
and ours as the same, and that the object of both must be to exclude
all European influence from this hemisphere. We wish
to avoid the necessity of going to war, till our revenue shall be
entirely liberated from debt. Then it will suffice for war, without
creating new debt or taxes. These are sentiments which I
would wish you to express to any proper characters of either of
these two countries, and particularly that we have nothing more
at heart than their friendship. I salute you with great esteem
and respect.
November 3, 1808.
A press of business here prevented my sooner taking up the
three bundles of papers now returned; and even now I judge of
them from the brief you have been so good as to make so fully.
This is an immense relief to me.
The Warbash Saline.
I think the applications from Nashville, &c., for a share of the
salt had better not be complied with. I suspect we did wrong
in yielding a similar privilege to Kentucky. There would be no
end to the details of the partitionary plan, and it will only shift
the gains into other hands, adding the unavoidable inequalities
of distribution. Better leave the distribution to its former and
ordinary course, and the benefits will taper off from the centre
till lost by distance.
Indiana Lead Mines.
I think it would be well to authorize Governor Harrison to
lease them to the present applicants,—the former ones declining.
Intrusions on Public Lands.
I suspect you have partly forgotten what was agreed on the
other day. 1. Notice was agreed to be given by a register to be
appointed to all intruders on the Tennessee purchase, to disclaim
or remove; and in the spring troops are to be sent to remove all
non-compliers. Those on the Indian lands (except Double-heads)
to be absolutely removed without the privilege of disclaimer.
2. As to the intruders on Red River, we agreed to
leave them and get Congress to extend the land law to them.
I think it will be better you should write to Governor Williams
about the appointment of officers. Things casually incidental
to a main business belonging to another department, had
better be made the subject of a single instruction. I am sure
the Secretary of State will thank you to take the trouble. Affectionate
salutations.
November 5, 1808.
I enclose you a charge by Mr. Hanson against Captain Smith
and Lieutenants Davis and Dobbins of the militia, as having become
members of an organized company, calling themselves the
Tar Company, avowing their object to be the tarring and feathering
citizens of some description. Although in some cases the
animadversions of the law may be properly relied on to prevent
what is unlawful, yet with those clothed with authority from
the executive, and being a part of the executive, other preventives
are expedient. These officers should be warned that the
executive cannot tamely look on and see its officers threaten to
become the violators instead of the protectors of the rights of our
citizens. I presume, however, that all that is necessary will be
that their commanding officer, (General Mason,) finding the fact
true, should give them a private admonition, either written or
verbal, as he pleases, to withdraw themselves from the illegal
association; at the same time I would rather it should be stated
to General Mason only "that information has been received," &c.,
without naming Mr. Hanson as the informer. My reason is that
some disagreeable feuds have arisen at the Navy Yard which I
would rather allay than foment. No proof will be necessary to
be called for; because if the officers disavow the fact, it will be
a proof they have that sense of propriety to which only an admonition
would be intended to bring them. I salute you with
constant affection.
Washington, November 8, 1808.
Dear Sir,—I have to acknowledge the receipt of your two
letters September 10th and of blank date, probably about the
middle of October, and to thank you for the communications
therein made. They were handed to the two persons therein
named. I seize the first moment it is in my power to answer
your question as to our foreign relations, which I do by enclosing
you a copy of my message this moment delivered to the two
houses of Congress, in which they are fully stated. It is evident
we have before us three only alternatives; 1, embargo; 2, war;
3, submission and tribute. This last will at once be put out of
question by every American, and the two first only considered.
By the little conversation I have had with the members, I perceive
there will be some division on this among the republicans;
but what will be its extent cannot be known till they shall have
heard the message and documents, and had some days to confer
and make up their opinions. Being now all in the hurry and bustle
of visits and business, incident to the first days of the meeting,
I must here close with my salutations of friendship and respect.
Washington, November 8, 1808.
Sir,—I have to acknowledge the receipt of your favor of October
14th, and to thank you for the information it contained.
While the opposition to the late laws of embargo has in one
quarter amounted almost to rebellion and treason, it is pleasing to
know that all the rest of the nation has approved of the proceedings
of the constituted authorities. The steady union which
you mention of our fellow citizens of South Carolina, is entirely
in their character. They have never failed in fidelity to their
country and the republican spirit of its constitution. Never before
was that union more needed or more salutary than under our
present crisis. I enclose you my message to both houses of Congress,
this moment delivered. You will see that we have to
choose between the alternatives of embargo and war; there is
indeed one and only one other, that is submission and tribute.
For all the federal propositions for trading to the places permitted
by the edicts of the belligerents, result in fact in submission, although
they do not choose to pronounce the naked word. I do
not believe, however, that our fellow citizens of that sect with
you will concur with those to the east in this paricide purpose,
any more than in the disorganizing conduct which has disgraced
the latter. I conclude this from their conduct in your legislature
in its vote on that question. Accept my salutations and assurances
of respect.
Washington, November 13, 1808.
Dear Sir,—Between three and four years ago, I received
the enclosed petitions praying for the pardon or the enlargement
of Thomas Logwood, then and still confined in the penitentiary
of Richmond, for counterfeiting the bank notes of
the United States. I consulted Governor Page on the subject,
who, after conferring with his council, informed me that though
he was for a pardon himself, he found a division of opinion on
the question, and therefore could not advise it. Between three
and four years have since been added to his confinement, and if
his conduct during that time has been such as to lessen his
claims to a mitigation of his sentence, they must certainly stand
now on higher ground, and the more so as two of his accomplices
confined here, have by a very general wish been pardoned more
than a year ago. Will you be so good as to give me your opinion
on the subject, as you are in a situation to know what his
conduct has been? His wife is represented as a very meritorious
character, and her connections respectable; probably they may
be known to you. His neighbors, you will observe, ask his
restoration to them. Whether would it be best to pardon him
absolutely, or on condition of giving security for his good behavior?
or shall we open the prison door and let him go out,
notifying him that if he will continue on his own farm or those
next adjoining, and keep himself from all suspicious intercourse
and correspondence, he will not be molested; otherwise, that he
will be retaken and replaced in his present situation? Your advice
on this subject will much oblige me. I salute you with
great esteem and respect.
November 13, 1808.
1st. The ship Aurora, Captain Rand. Provisions, lumber and
naval stores being the articles on which we rely most for effect
during our embargo. Rand's landing, as to the great mass of
its articles, seems not to render his case suspicious. Keeping
therefore the articles of provisions, lumber and naval stores, within
their regular limits, I see no objection to a permit in the character
of his cargo; and the objection drawn from his dislike and
disapprobation of the embargo, has never been considered as an
obstacle where the person has not actually been guilty of its infraction.
I think a permit should be granted under the regular
limitations as to the proportion of provisions, &c.
2d. The schooner Concord, property of John Bell of Petersburg.
Wherever a person has once been guilty of breaking the
embargo laws, we can no longer have confidence in him, and
every shipment made by him becomes suspicious. No permit
should be granted him; the fact of a prior breach being sufficient
without the formality of its being found by jury.
3d. The schooner Caroline, belonging to Brown and Pilsbury
of Buckstown. Where every attempt, the Collector says, has
been made and still continues to be made to evade the embargo
laws, the nature of the cargo is sufficient to refuse the permit,
being wholly of provisions and lumber. This is the first time
the character of the place has been brought under consideration
as an objection. Yet a general disobedience to the laws in any
place must have weight towards refusing to give them any facilities
to evade. In such a case we may fairly require positive
proof that the individual of a town tainted with a general spirit
of disobedience, has never said or done anything himself to countenance
that spirit. But the first cause of refusal being sufficient,
an inquiry into character and conduct is unnecessary.
Washington, November 13, 1808.
Dear Sir,—I enclose you a petition from Nantucket, and refer
it for your decision. Our opinion here is, that that place has
been so deeply concerned in smuggling, that if it wants, it is because
it has illegally sent away what it ought to have retained
for its own consumption. Be so good as to bear in mind that I
have asked the favor of you to see that your State encounters no
real want, while, at the same time, where applications are made
merely to cover fraud, no facilities towards that be furnished. I
presume there can be no want in Massachusetts as yet, as I am
informed that Governor Sullivan's permits are openly bought and
sold here and in Alexandria, and at other markets. The congressional
campaign is just opening: three alternatives alone are
to be chosen from. 1. Embargo. 2. War. 3. Submission and
tribute. And, wonderful to tell, the last will not want advocates.
The real question, however, will lie between the two first, on
which there is considerable division. As yet the first seems
most to prevail; but opinions are by no means yet settled down.
Perhaps the advocates of the second may, to a formal declaration
of war, prefer general letters of mark and reprisal, because, on
a repeal of their edicts by the belligerent, a revocation of the letters
of mark restores peace without the delay, difficulties, and
ceremonies of a treaty. On this occasion, I think it is fair to
leave to those who are to act on them, the decisions they prefer,
being to be myself but a spectator. I should not feel justified in
directing measures which those who are to execute them would
disapprove. Our situation is truly difficult. We have been
pressed by the belligerents to the very wall, and all further retreat
is impracticable.
I salute you with sincere friendship.
Washington, November 18, 1808.
Sir,—You will perceive in the enclosed petitions, a request
that I will lay them before Congress. This I cannot do consistently
with my own opinion of propriety, because where the petitioners
have a right to petition their immediate representatives in
Congress directly, I have deemed it neither necessary nor proper
for them to pass their petition through the intermediate channel
of the Executive. But as the petitioners may be ignorant of this,
and, confiding in it, may omit the proper measure, I have usually
put such petitions into the hands of the Representatives of the
State, informally to be used or not as they see best, and considering
me as entirely disclaiming any agency in the case. With
this view, I take the liberty of placing these papers in your
hands, not as Speaker of the House, but as one of the Representatives
from the State from which they came. Whether they
should be handed on to the Representatives of the particular districts,
(which are unknown to me,) yourself will be the best
judge. I salute you with affection, esteem, and respect.
Washington, November 24, 1808.
My Dear Jefferson, * * * * *
Your situation, thrown at such a distance from us, and alone,
cannot but give us all great anxieties for you. As much has
been secured for you, by your particular position and the acquaintance
to which you have been recommended, as could be done
towards shielding you from the dangers which surround you.
But thrown on a wide world, among entire strangers, without a
friend or guardian to advise, so young too, and with so little experience
of mankind, your dangers are great, and still your safety
must rest on yourself. A determination never to do what is
wrong, prudence and good humor, will go far towards securing to
you the estimation of the world. When I recollect that at fourteen
years of age, the whole care and direction of myself was
thrown on myself entirely, without a relation or friend qualified
to advise or guide me, and recollect the various sorts of bad company
with which I associated from time to time, I am astonished
I did not turn off with some of them, and become as worthless
to society as they were. I had the good fortune to become
acquainted very early with some characters of very high standing,
and to feel the incessant wish that I could ever become what
they were. Under temptations and difficulties, I would ask myself
what would Dr. Small, Mr. Wythe, Peyton Randolph do in
this situation? What course in it will insure me their approbation?
I am certain that this mode of deciding on my conduct,
tended more to correctness than any reasoning powers I possessed.
Knowing the even and dignified line they pursued, I could never
doubt for a moment which of two courses would be in character
for them. Whereas, seeking the same object through a process
of moral reasoning, and with the jaundiced eye of youth, I should
often have erred. From the circumstances of my position, I was
often thrown into the society of horse racers, card players, fox
hunters, scientific and professional men, and of dignified men;
and many a time have I asked myself, in the enthusiastic moment
of the death of a fox, the victory of a favorite horse, the issue of
a question eloquently argued at the bar, or in the great council
of the nation, well, which of these kinds of reputation should I
prefer? That of a horse jockey? a fox hunter? an orator? or
the honest advocate of my country's rights? Be assured, my
dear Jefferson, that these little returns into ourselves, this self-catechising
habit, is not trifling nor useless, but leads to the prudent
selection and steady pursuit of what is right.
I have mentioned good humor as one of the preservatives of
our peace and tranquillity. It is among the most effectual, and
its effect is so well imitated and aided, artificially, by politeness,
that this also becomes an acquisition of first rate value. In truth,
politeness is artificial good humor, it covers the natural want of
it, and ends by rendering habitual a substitute nearly equivalent
to the real virtue. It is the practice of sacrificing to those whom
we meet in society, all the little conveniences and preferences
which will gratify them, and deprive us of nothing worth a
moment's consideration; it is the giving a pleasing and flattering
turn to our expressions, which will conciliate others, and make
them pleased with us as well as themselves. How cheap a price
for the good will of another! When this is in return for a rude
thing said by another, it brings him to his senses, it mortifies and
corrects him in the most salutary way, and places him at the feet
of your good nature, in the eyes of the company. But in stating
prudential rules for our government in society, I must not omit
the important one of never entering into dispute or argument with
another. I never saw an instance of one of two disputants convincing
the other by argument. I have seen many, on their getting
warm, becoming rude, and shooting one another. Conviction
is the effect of our own dispassionate reasoning, either in solitude,
or weighing within ourselves, dispassionately, what we hear from
others, standing uncommitted in argument ourselves. It was
one of the rules which, above all others, made Doctor Franklin
the most amiable of men in society, "never to contradict anybody."
If he was urged to announce an opinion, he did it rather
by asking questions, as if for information, or by suggesting doubts.
When I hear another express an opinion which is not mine, I say
to myself, he has a right to his opinion, as I to mine; why
should I question it? His error does me no injury, and shall I
become a Don Quixotte, to bring all men by force of argument
to one opinion? If a fact be misstated, it is probable he is gratified
by a belief of it, and I have no right to deprive him of the
gratification. If he wants information, he will ask it, and then
I will give it in measured terms; but if he still believes his own
story, and shows a desire to dispute the fact with me, I hear him
and say nothing. It is his affair, not mine, if he prefers error.
There are two classes of disputants most frequently to be met
with among us. The first is of young students, just entered the
threshold of science, with a first view of its outlines, not yet filled
up with the details and modifications which a further progress
would bring to their knowledge. The other consists of the ill-tempered
and rude men in society, who have taken up a passion
for politics. (Good humor and politeness never introduce into
mixed society, a question on which they foresee there will be a difference
of opinion.) From both of those classes of disputants,
my dear Jefferson, keep aloof, as you would from the infected
subjects of yellow fever or pestilence. Consider yourself, when
with them, as among the patients of Bedlam, needing medical
more than moral counsel. Be a listener only, keep within yourself,
and endeavor to establish with yourself the habit of silence,
especially on politics. In the fevered state of our country, no
good can ever result from any attempt to set one of these fiery
zealots to rights, either in fact or principle. They are determined
as to the facts they will believe, and the opinions on which they
will act. Get by them, therefore, as you would by an angry
bull; it is not for a man of sense to dispute the road with such
an animal. You will be more exposed than others to have these
animals shaking their horns at you, because of the relation in
which you stand with me. Full of political venom, and willing
to see me and to hate me as a chief in the antagonist party, your
presence will be to them what the vomit grass is to the sick dog,
a nostrum for producing ejaculation. Look upon them exactly
with that eye, and pity them as objects to whom you can administer
only occasional ease. My character is not within their
power. It is in the hands of my fellow citizens at large, and
will be consigned to honor or infamy by the verdict of the republican
mass of our country, according to what themselves will
have seen, not what their enemies and mine shall have said.
Never, therefore, consider these puppies in politics as requiring
any notice from you, and always show that you are not afraid to
leave my character to the umpirage of public opinion. Look
steadily to the pursuits which have carried you to Philadelphia,
be very select in the society you attach yourself to, avoid taverns,
drinkers, smokers, idlers, and dissipated persons generally; for it
is with such that broils and contentions arise; and you will find
your path more easy and tranquil. The limits of my paper warn
me that it is time for me to close with my affectionate adieu.
P. S. Present me affectionately to Mr. Ogilvie, and, in doing
the same to Mr. Peale, tell him I am writing with his polygraph,
and shall send him mine the first moment I have leisure enough
to pack it.
Washington, November 30, 1808.
Gentlemen,—Being to remove within a few months from my
present residence to one still more distant from the seat of the
meetings of the American Philosophical Society, I feel it a duty
no longer to obstruct its service by keeping from the chair members
whose position as well as qualifications, may enable them to
discharge its duties with so much more effect. Begging leave,
therefore, to withdraw from the Presidency of the Society at the
close of the present term, I avail myself of the occasion gratefully
to return my thanks to the Society for the repeated proofs they
have been pleased to give of their favor and confidence in me,
and to assure them, in retiring from the honorable station in
which they have been pleased so long to continue me, that I carry
with me all the sentiments of an affectionate member and faithful
servant of the Society.
Asking the favor of you to make this communication to the
Society, I beg leave to tender to each of you personally the assurances
of my great esteem and respect.
Washington, November 30, 1808.
Sir,—Business and indisposition have prevented my sooner acknowledging
the receipt of your letter of the 3d instant, which
came to hand on the 10th. Mr. Granger, before that, had sent
here the very elegant ivory staff of which you wished my acceptance.
The motives of your wish are honorable to me, and
gratifying, as they evidence the approbation of my public conduct
by a stranger who has not viewed it through the partialities
of personal acquaintance. Be assured, Sir, that I am as grateful
for the testimony, as if I could have accepted the token of it
which you have so kindly offered. On coming into public office,
I laid it down as a law of my conduct, while I should continue
in it, to accept no present of any sensible pecuniary value. A
pamphlet, a new book, or an article of new curiosity, have produced
no hesitation, because below suspicion. But things of
sensible value, however innocently offered in the first examples,
may grow at length into abuse, for which I wish not to furnish
a precedent. The kindness of the motives which led to this
manifestation of your esteem, sufficiently assures me that you
will approve of my desire, by a perseverance in the rule, to retain
that consciousness of a disinterested administration of the
public trusts, which is essential to perfect tranquillity of mind.
Replacing, therefore, the subject of this letter in the hands of
Mr. Granger, under your orders, and repeating that the offer
meets the same thankfulness as if accepted, I tender you my
salutations and assurances of respect.
Washington, December 1, 1808.
Sir,—-In answer to the inquiries of the benevolent Dr. De Carro
on the subject of the upland or mountain rice, Oryza Mutica, I
will state to you what I know of it. I first became informed of
the existence of a rice which would grow in uplands without
any more water than the common rains, by reading a book of
Mr. De Porpre, who had been Governor of the Isle of France,
who mentions it as growing there and all along the coast of
Africa successfully, and as having been introduced from Cochin-China.
I was at that time (1784-89) in France, and there happening
to be there a Prince of Cochin-China, on his travels, and
then returning home, I obtained his promise to send me some.
I never received it however, and mention it only as it may have
been sent, and furnished the ground for the inquiries of Dr. De
Carro, respecting my receiving it from China. When at Havre
on my return from France, I found there Captain Nathaniel
Cutting, who was the ensuing spring to go on a voyage along
the coast of Africa. I engaged him to inquire for this; he was
there just after the harvest, procured and sent me a thirty-gallon
cask of it. It arrived in time the ensuing spring to be sown. I
divided it between the Agricultural Society of Charleston and
some private gentlemen of Georgia, recommending it to their
care, in the hope which had induced me to endeavor to obtain it,
that if it answered as well as the swamp rice, it might rid them
of that source of their summer diseases. Nothing came of the
trials in South Carolina, but being carried into the upper hilly
parts of Georgia, it succeeded there perfectly, has spread over the
country, and is now commonly cultivated; still, however, for
family use chiefly, as they cannot make it for sale in competition
with the rice of the swamps. The former part of these details
is written from memory, the papers being at Monticello which
would enable me to particularize exactly the dates of times and
places. The latter part is from the late Mr. Baldwin, one of those
whom I engaged in the distribution of the seed in Georgia, and
who in his annual attendance on Congress, gave me from time to
time the history of its progress. It has got from Georgia into
Kentucky, where it is cultivated by many individuals for family
use. I cultivated it two or three years at Monticello, and had
good crops, as did my neighbors, but not having conveniences
for husking it, we declined it. I tried some of it in a pot, while
I lived in Philadelphia, and gave seed to Mr. Bartram. It produced
luxuriant plants with us both, but no seed; nor do I believe
it will ripen in the United States as far north as Philadelphia.
Business and an indisposition of some days must apologize for
this delay in answering your letter of October 24th, which I did
not receive till the 6th of November. And permit me here to
add my salutations and assurances of esteem and respect.
December 4, 1808.
The case of the sale of city lots under a decree of the Chancellor
of Maryland.
The deed of the original owners of the site of the city of
Washington to certain trustees, after making provisions for
streets, public squares, &c., declares that the residue of the
ground, laid off in building lots, shall one moiety belong to the
original proprietors, and the other moiety shall be sold on such
terms and conditions as the President of the United States shall
direct, the proceeds, after certain specified payments, to be paid
to the President as a grant of money, and to be applied for the
purposes, and according to the Act of Congress; which Act of
Congress (1790, c. 28) had authorized the President to accept
grants of money, to purchase or to accept land for the use of the
United States, to provide suitable buildings, &c. Of these residuary
building lots, one thousand were sold by the Commissioner
to Greenleaf for $80,000, who transferred them to Morris and
Nicholson, with an express lien on them for the purchase money
due to the city. Under this lien the Chancellor of Maryland
has decreed that they shall be sold immediately for whatever
they will bring; that the proceeds shall be applied first to the
costs of suit and sale, and the balance towards paying the original
purchase money. The sale has now proceeded, for some
days, at very low prices, and must proceed till the costs of suit
and sale are raised. It is well understood that under no circumstances
of sale, however favorable, can they pay five in the
pound of the original debt; and that if the whole are now forced
into sale, at what they will bring, they will not pay one in the
pound; and being the only fund from which a single dollar of
the debt can ever be recovered, (on account of the bankruptcy
of all the purchasers,) of $25,000 which the lots may bring if
offered for sale from time to time pari passu with the growing
demand, $20,000 will be lost by a forced sale. To save this
sum is desirable. And the interest in it being ultimately that
of the United States, I have consulted with the Secretary of the
Treasury and Comptroller, and after due consideration, I am of
opinion it is for the public interest, and within the powers of
the President, under the deed of trust and laws, to repurchase
under the decree, at the lowest prices obtainable, such of these
lots as no other purchaser shall offer to take at what the Superintendent
shall deem their real value, that is to say, what they
will in his judgment sell for hereafter, if only offered from time
to time as purchasers shall want them. The sums so to be allowed
for them by the Superintendent to be passed to the credit
of Greenleaf, and retaining a right to the unsatisfied balance as
damages due for non-compliance with his contract; a matter of
form only, as not a cent of it is expected ever to be obtained. I
consider the reconveyance of these lots at the price which the
Superintendent shall nominally allow for them, as replacing
them in our hands, in statu quo prices, as if the title had never
been passed out of us; and that thereafter they will be in the
condition of all other lots, sold, but neither conveyed nor paid
for; that is to say, liable to be resold for the benefit of the city;
as has been invariably practised in all other cases. The Superintendent
is instructed to proceed accordingly.
December 7, 1808.
1. D. W. Coxe and the ship Comet. The application to send
another vessel to the Havanna, to bring home the proceeds of
the cargo of the Comet, charged with a breach of embargo,
must be rejected for three reasons, each insuperable. 1st. The
property was not shipped from the United States prior to December
22d, 1807, and therefore is not within the description of
cases in which a permission by the executive is authorized by
law. 2d. The limitation of time for permissions has been long
expired. 3d. Although in an action on the bond of the Comet,
the fabricated testimony of distress may embarrass judges and
juries, tramelled by legal rules of evidence, yet it ought to have
no weight with us to whom the law has referred to decide according
to our discretion, well knowing that it was impossible
to build up fraud by general rules. We know that the
fabrication of proofs of leaky ships, stress of weather,
cargoes sold under duress, are a regular part of the system of
infractions of the embargo, with the manufacture of which every
foreign port is provided, and that their oaths and forgeries are a
regular merchandise in every port. We must therefore consider
them as nothing, and that the act of entering a foreign port and
selling the cargo is decisive evidence of an intentional breach of
embargo, not to be countervailed by the letters of all the Charles
Dixeys in the world; for every vessel is provided with a Charles
Dixey.
My opinion is therefore that no permission ought ever to be
granted for any vessel to leave our ports (while the embargo
continues) in which any person is concerned either in interest
or in navigating her, who has ever been concerned in interest,
or in the navigation of a vessel which has at any time before entered
a foreign port contrary to the views of the embargo laws,
and under any pretended distress or duress whatever. This rule
will not lead us wrong once in a hundred times.
2. I send you the case of Mr. Mitchell and the ship Neutrality,
merely as a matter of form; for I presume it must be rejected
on the ground of limitation. These petitioners are getting
into the habit of calling on me personally in the first instance.
These personal solicitations being very embarrassing,
I am obliged to tell them I will refer the case to you, and they
will receive a written answer. But I hope, in your amendments
to the law, you will propose a repeal of the power to give permissions
to go for property.
December 8, 1808.
The idea of regulating the coasting trade (to New Orleans for
instance) by the quantity of tonnage sufficient for each port, is
new to me, and presents difficulties through which I cannot see
my way. To determine how much tonnage will suffice for the
coasting trade of Boston, New York, Philadelphia, and the other
ports great and small, and to divide this tonnage impartially
among the competitors of each place, would embarrass us infinitely,
and lead to unavoidable errors and irregularities. Is it not
better to let it regulate itself as to all innocent articles, and to
continue our attentions and regulations to the articles of provisions
and lumber? If the rule of the one-eighth carries too much
to New Orleans, and I am sure it does, why not confine it to the
ports between St. Mary's and Passamaquoddy, (excluding these
two,) and trust for New Orleans to the western supplies and
Governor Claiborne's permits? I suppose them sufficient, because
Governor Claiborne has assured us that the Western supplies
are sufficient for the consumption of New Orleans, and we
see that New Orleans has exported flour the last six months, and
that too to the West Indies, whither will go also whatever flour
the rule of the one-eighth carries there, or its equivalent in Western
flour. These ideas on the subject are of the first impression;
and I keep the decision open for any further light which can be
thrown on it.
December 8, 1808.
Mr. Harrison will continue in office till the 3d of March. I
send you tit for tat, one lady application for another. However
our feelings are to be perpetually harrowed by these solicitations,
our course is plain, and inflexible to right or left. But for God's
sake get us relieved from this dreadful drudgery of refusal. Affectionate
salutations.
December 20, 1808.
The case of the schooner Concord, sold by J. Bell of Petersburg,
to M. W. Hancock of Richmond.
I think it may be concluded from the letters of Hancock and
the collector, that the purchase of the schooner has been a bonâ
fide one; but it is not even alleged that he has purchased the
cargo, but it appears on the contrary that Bell has the same concern
in that as before. As, where a person has once evaded the
embargo laws, we consider all subsequent shipments and proposed
voyages by him to be with the fraudulent intention; the present
shipment of the cargo of tobacco, before refused, being still the
concern of Bell, must of course be still suspicious, and refused a
permit. But the request of the purchaser of the schooner, that,
after taking out the cargo, he may have a clearance for her to go
in ballast to the district of Richmond, may be granted.
December 22, 1808.
The answer to the petition of Percival and others, praying that
they may be permitted to send a vessel or vessels to take up their
men from the desolate islands of the Indian Ocean, and thence to
proceed on a trading voyage to Canton, &c., cannot but be a
thing of course, that days having been publicly announced after
which no permissions to send vessels to bring home property
would be granted, which days are past long since, and the rule
rigorously adhered to, it cannot now be broken through. If Congress
continue the power, it will show that they mean it shall be
exercised, and we may then consider on what new grounds permissions
may be granted. Affectionate salutations.
Washington, December 22, 1808.
Dear Sir,—I always consider it as the most friendly office
which can be rendered me, to be informed of anything which is
going amiss, and which I can remedy. I had known that there
had been a very blamable failure in the clothing department,
which had not become known so as to be remedied till the beginning
of October; but I had believed that the remedy had then
been applied with as much diligence as the case admitted. After
the suggestions from General Smith and Mr. Giles the other day,
I made inquiry into the fact, and have received the enclosed return,
which will show exactly what has been done. Can I get
the favor of you to show it to General Smith and Mr. Giles, to
whom I am sure it will give as much satisfaction as to myself,
and to re-enclose it to me? I salute you and them with sincere
friendship and respect.
Washington, December 22, 1808.
Sir,—By the treaty of 1803, we obtained from the Kaskaskias
the country as far as the ridge dividing the waters of the Kaskaskias
from those of the Illinois River; by the treaty of 1804,
with the Sacs and Foxes, they ceded to us from the Illinois to
the Ouisconsin. Between these two cessions is a gore of country,
to wit, between the Illinois River and Kaskaskias line, which I
understand to have belonged to the Piorias, and that that tribe is
now extinct; if both these facts be true, we succeed to their title
by our being proprietors paramount of the whole country. In this
case it is interesting to settle our boundary with our next neighbors
the Kickapoos. Where their western boundary is, I know
not; but they cannot come lower down the Illinois River than
the Illinois Lake, on which stood the old Pioria fort, and perhaps
not so low. The Kickapoos are bounded to the south-east, I
presume, by the ridge between the waters of the Illinois and
Wabash, to which the Miamis claim, and north-east by the
Pottewatamies. Of course it is with the Kickapoos alone we
have to settle a boundary. I would therefore recommend to you
to take measures for doing this. You will of course first endeavor
with all possible caution to furnish yourself with the best
evidence to be had, of the real location of the south-west boundary
of the Kickapoos, and then endeavor to bring them to an
acknowledgment of it formally, by a treaty of limits. If it be
nothing more, the ordinary presents are all that will be necessary,
but if they cede a part of their own country, then a price proportioned
will be proper. In a letter to you of February 27th, 1803,
I mentioned that I had heard there was still one Pioria man
living, and that a compensation making him easy for life should
be given him, and his conveyance of the country by a regular
deed be obtained. If there be such a man living, I think this
should still be done. The ascertaining the line between the
Kickapoos and us is now of importance, because it will close our
possessions on the hither bank of the Mississippi from the Ohio
to the Ouisconsin, and give us a broad margin to prevent the
British from approaching that river, on which, under color of
their treaty, they would be glad to hover, that they might
smuggle themselves and their merchandise into Louisiana. Their
treaty can only operate on the country so long as it is Indian;
and in proportion as it becomes ours exclusively, their ground is
narrowed. It makes it easier too for us to adopt on this side of
the Mississippi a policy we are beginning on the other side, that
of permitting no traders, either ours or theirs, to go to the Indian
towns, but oblige them all to settle and be stationary at our
factories, where we can have their conduct under our observation
and control. However, our first object must be to blockade
them from the Mississippi, and to this I ask the favor of your attention;
and salute you with great friendship and respect.
Washington, December 25, 1808.
Dear Sir,—I return you Doctor Maese's letter, which a
pressure of business has occasioned me to keep too long. I think
an account of the manufactures of Philadelphia would be really
useful, and that the manufactures of other places should be
added from time to time, as information of them should be received.
To give a perfect view of the whole, would require a
report from every county or township of the United States.
Perhaps the present moment would be premature, as they are, in
truth, but just now in preparation. The government could not
aid the publication by the subscription suggested by Doctor
Maese, without a special law for it. All the purposes for which
they can pay a single dollar, are specified by law. The advantage
of the veterinary institution proposed, may perhaps be
doubted. If it be problematical whether physicians prevent
death where the disease, unaided, would have terminated fatally,—oftener
than they produce it, where order would have been
restored to the system by the process, if uninterrupted, provided
by nature, and in the case of a man who can describe the seat of
his disease, its character, progress, and often its cause, what
might we expect in the case of the horse,—mute, &c., yielding
no sensible and certain indications of his disease? They have
long had these institutions in Europe; has the world received
as yet one iota of valuable information from them? If it has, it
is unknown to me. At any rate, it may be doubted whether,
where so many institutions of obvious utility are yet wanting,
we should select this one to take the lead. I return you Gibbon,
with thanks. I send you, also, for your shelf of pamphlets, one
which gives really a good historical view of our funding system,
and of federal transactions generally, from an early day to the
present time. I salute you with friendship and respect.
Washington, December 25, 1808.
I thank you, my dear and ancient friend, for the two volumes
of your translation, which you have been so kind as to send me.
I have dipped into it at the few moments of leisure which my
vocations permit, and I perceive that I shall use it with great
satisfaction on my return home. I propose there, among my first
employments, to give to the Septuagint an attentive perusal, and
shall feel the aid you have now given me. I am full of plans of
employment when I get there,—they chiefly respect the active
functions of the body. To the mind I shall administer amusement
chiefly. An only daughter and numerous family of grandchildren,
will furnish me great resources of happiness. I learn
with sincere pleasure that you have health and activity enough
to have performed the journey to and from Lancaster without
inconvenience. It has added another proof that you are not
wearied with well-doing. Although I have enjoyed as uniform
health through life as reason could desire, I have no expectation
that, even if spared to your age, I shall at that period be able to
take such a journey. I am already sensible of decay in the
power of walking, and find my memory not so faithful as it used
to be. This may be partly owing to the incessant current of
new matter flowing constantly through it; but I ascribe to years
their share in it also. That you may be continued among us to
the period of your own wishes, and that it may be filled with
continued health and happiness, is the sincere prayer of your
affectionate friend.
December 27, 1808.
The enclosed petition, from Deville, was handed me by Gen.
Turreau. I told him at once it was inadmissible; that days had
been long ago announced, after which no vessel would be permitted
to depart; that in favor of emigrants we had continued
indulgences till very lately; but as there must be an end to it,
that time had come, and we had determined to give no more
permissions. They had had a complete year to depart, and had
not availed themselves of it. He appeared satisfied, and perhaps
will himself give the answer. However, an answer of the above
purport may be given from your office. I have referred the case
of the British boats to the Attorney General for his opinion.
Affectionate salutations.
Washington, December 27, 1808.
Dear Sir,—Your favor of the 8th, by Mr. Cunow, was duly
received, and I now return you the letter it covered. Mr.
Cunow's object was so perfectly within our own views, that it
was readily obtained, and I am in hopes he has left us with a
more correct opinion of the dispositions of the administration
than his fraternity has generally manifested. I have within
a few days had visits from the Pottowatamies, Miamis, Chippewas,
Delawares, and Cherokees, and there arrived some yesterday,
of, I believe, the Ottoways, Wiandots, and others of that
neighborhood. Our endeavors are to impress on them all profoundly,
temperance, peace, and agriculture; and I am persuaded
they begin to feel profoundly the soundness of the advice.
Congress seems as yet to have been able to make up no
opinion. Some are for taking off the embargo before they separate;
others not till their meeting next autumn; but both with
a view to substitute war, if no change takes place with the
powers of Europe. A middle opinion is to have an extra session
in May, to come then to a final decision. I have thought it
right to take no part myself in proposing measures, the execution
of which will devolve on my successor. I am therefore chiefly
an unmeddling listener to what others say. On the same ground,
I shall make no new appointments which can be deferred till the
4th of March, thinking it fair to leave to my successor to select
the agents for his own administration. As the moment of my
retirement approaches, I become more anxious for its arrival, and
to begin at length to pass what yet remains to me of life and
health in the bosom of my family and neighbors, and in communication
with my friends, undisturbed by political concerns or
passions. Permit me to avail myself of this occasion to assure
Mrs. Logan and yourself of my continued friendship and attachment,
and that I shall ever be pleased to hear of your happiness
and prosperity, saluting you both with affection and respect.
December 28, 1808.
I enclose you the petition of Jacob Smith of Newport, in the
case of the ship Triumph, which is a new case to me. Perhaps
the practice as to foreign ships arriving since the embargo laws,
with which I am unacquainted, may facilitate the solution. What
should be done?
The Atalanta.
Is not the collector the person who is to search into the fact
charged? I do not know who it is that does this in case of
seizure. However, I will send the case to Mr. Smith.
The petition of Manuel Valder for a vessel to carry off Spanish
subjects, is rejected.
The cases from St. Mary are really embarrassing. I sent the
papers to Mr. Madison to ask his opinion. He had read only
one when he called on me this morning. He seemed strongly
of opinion that it would be most advisable to send some person
to the Governor of East Florida, to enter into some friendly arrangements
with him. He has the papers still under consideration;
in the meantime we may consider as further means, how
it might do to destroy all boats and canoes on our side the river,
paying for them? To arrest impression, and bring to regular
trial every negro taken in the act of violating the laws? This
for mere consideration. Affectionate salutations.
Washington, December 28, 1808.
Dear Sir,—I received yesterday your favor of the 22d. It
was the first information I had had of the sentence against Moss,
the district attorney not having written to me as you supposed.
I referred the case to the Post Master General, who in his answer
says, "His is not a single crime, but a series of crimes, for months
if not years. There were found upon him between $1,300 and
$1,500, which he had robbed in small sums."
You are sensible that the Legislature having made stripes a regular
part of the punishment, that the pardoning them cannot be
a thing of course, as that would be to repeal the law, but that
extraordinary and singular considerations are necessary to entitle
the criminal to that remission. The information of the Post
Master General marks such an habitual depravity of mind, as
leaves little room to suppose that any facts can countervail it;
and the robbery of the mail has now become so frequent and
great an evil, that the moment is unfavorable to propositions of
relaxation. Still I shall be ready to receive and consider any
testimony in his favor, which his friends may bring forward, and
will do it on whatever I may believe to have been the intention
of the Legislature in confiding the power of pardon to the executive.
The opinion of the judges who sat in the cause, I have
ever required as indispensable to ground a pardon. A copy of
the judgment is also necessary. I have taken the liberty of
troubling you with these observations, because I have received
no application but your letter, and lest, on the contrary supposition,
his case might suffer for want of information. Accept my
salutations and assurances of friendly esteem and respect.
Washington, December 31, 1808.
Sir,—The General Government of the United States has considered
it their duty and interest to extend their care and patronage
over the Indian tribes within their limits, and to endeavor to render
them friends, and in time perhaps useful members of the nation.
Perceiving the injurious effects produced by their inordinate
use of spirituous liquors, they passed laws authorizing measures
against the vending or distributing such liquors among them.
Their introduction by traders was accordingly prohibited, and
for some time was attended with the best effects. I am informed,
however, that latterly the Indians have got into the practice of
purchasing such liquors themselves in the neighboring settlements
of whites, and of carrying them into their towns, and that in this
way our regulations so salutary to them, are now defeated. I
must, therefore, request your Excellency to submit this matter to
the consideration of your legislature. I persuade myself that in
addition to the moral inducements which will readily occur, they
will find it not indifferent to their own interests to give us their
aid in removing, for their neighbors, this great obstacle to their
acquiring industrious habits, and attaching themselves to the regular
and useful pursuits of life; for this purpose it is much desired
that they should pass effectual laws to restrain their citizens
from vending and distributing spirituous liquors to the Indians.
I pray your Excellency to accept the assurances of my great esteem
and respect.
Washington, January 4, 1809.
Sir,—A constant pressure of business must be my apology for
being so late in acknowledging the receipt of your favor of
November 25th. I am sensible of the kindness of your rebuke
on my determination to retire from office at a time when our
country is laboring under difficulties truly great. But if the
principle of rotation be a sound one, as I conscientiously believe
it to be with respect to this office, no pretext should ever be permitted
to dispense with it, because there never will be a time
when real difficulties will not exist, and furnish a plausible pretext
for dispensation. You suppose I am "in the prime of life
for rule." I am sensible I am not; and before I am so far declined
as to become insensible of it, I think it right to put it out
of my own power. I have the comfort too of knowing that the
person whom the public choice has designated to receive the
charge from me, is eminently qualified as a safe depository by
the endowments of integrity, understanding, and experience.
On a review therefore of the reasons for my retirement, I think
you cannot fail to approve them.
Your proposition for preventing the effect of splinters in a
naval action, will certainly merit consideration and trial whenever
our vessels shall be called into serious service; till then the
perishable nature of the covering, would render it an unnecessary
expense. I tender you my best wishes for the continuance of
your life and health, and salute you with great esteem and respect.
January 9, 1809.
I do not recollect the instructions to Governor Lewis respecting
squatters. But if he had any they were unquestionably to
prohibit them rigorously. I have no doubt, if he had not written
instructions, that he was verbally so instructed. Carr's story
has very much the air of an idle rumor, willingly listened to. It
shows some germ of discontent existing.
* * * * * * * *
Washington, January 12, 1809.
Sir,—I have read with pleasure the letter of Captain Davidson,
by which, according to unanimous resolves of the company
of light infantry of the first legion of the militia of Columbia
commanded by him, he tenders their services as volunteers under
the Act of Congress of February 24th, 1807. I accept the offer,
and render to Captain Davidson and the other officers and privates
of the company, that praise to which their patriotism so
justly entitles them. So long urged by the aggressions of the
belligerent powers, and every measure of forbearance at length
exhausted, our country must see with sincere satisfaction the
alacrity with which persons will flock to her standard whenever
her constituted authorities shall declare that we take into our
own hands the redress of our wrongs. Be so good as to communicate
in behalf of the public my thanks to Captain Davidson,
the other officers and privates of his company, and be assured
yourself of my affectionate respect.
January 12, 1809.
I suppose that in answering Governor Drayton we should
compliment his ardor, and smooth over our noncompliance with
his request; that he might be told that the President sees, in his
present application, a proof of his vigilance and zeal in whatever
concerns the public safety, and will count with the more confidence
on his future attentions and energy whenever circumstances
shall call for them. That he considers that the power
entrusted to him for calling out the 100,000 militia, was meant
to be exercised only in the case of some great and general emergency,
and by no means to be employed merely as garrisons or
guards in ordinary cases: that there is no apprehension that
England means either to declare or to commence war on us at
the present moment, and that if the declaration shall be intended
to originate with us, he may be assured of receiving timely
notice, with the powers and the means of placing everything in
safety before a state of actual danger commences; that nevertheless
it is of great urgency that the quota of his state be prepared
with all possible diligence, to be ready to march at a moment's
warning, because by that time it is very possible, and scarcely
improbable, that their services may have become actually requisite.
Affectionate salutations.
Washington, January 14, 1809.
Sir,—I have the pleasure to acknowledge the receipt of your letter
of December the 24th, and of the resolutions of the republican
citizens of Boston, of the 19th of that month. These are worthy
of the ancient character of the sons of Massachusetts, and of the
spirit of concord with her sister States, which, and which alone,
carried us successfully through the revolutionary war, and finally
placed us under that national government, which constitutes the
safety of every part, by uniting for its protection the powers of
the whole. The moment for exerting these united powers, to
repel the injuries of the belligerents of Europe, seems likely to be
pressed upon us. They have interdicted our commerce with
nearly the whole world. They have declared it shall be carried
on with such places, in such articles, and in such measure only,
as they shall dictate; thus prostrating all the principles of right
which have hitherto protected it. After exhausting the cup of
forbearance and conciliation to its dregs, we found it necessary,
on behalf of that commerce, to take time to call it home into a
state of safety, to put the towns and harbors which carry it on
into a condition of defence, and to make further preparation for
enforcing the redress of its wrongs, and restoring it to its rightful
freedom. This required a certain measure of time, which,
although not admitting specific limitation, must, from its avowed
objects, have been obvious to all; and the progress actually made
towards the accomplishment of these objects, proves it now to be
near its term. While thus endeavoring to secure, and preparing
to vindicate that commerce, the absurd opinion has been propagated,
that this temporary and necessary arrangement was to be
a permanent system, and was intended for its destruction. The
sentiments expressed in the paper you were so kind as to enclose
to me, show that those who have concurred in them have judged
with more candor the intentions of their government, and are
sufficiently aware of the tendency of the excitements and misrepresentations
which have been practised on this occasion.
And such, I am persuaded, will be the disposition of the citizens
of Massachusetts at large, whenever truth can reach them. Associated
with her sister States in a common government, the fundamental
principle of which is, that the will of the majority is to
prevail, sensible that, in the present difficulty, that will has been
governed by no local interests or jealousies, that, to save permanent
rights, temporary sacrifices were necessary, that these have
fallen as impartially on all, as in a situation so peculiar they could
be made to do, she will see in the existing measures a legitimate
and honest exercise of the will and wisdom of the whole. And
her citizens, faithful to themselves and their associates, will not,
to avoid a transient pressure, yield to the seductions of enemies
to their independence, foreign or domestic, and take a course
equally subversive of their well-being, as of that of their brethren.
The approbation expressed by the republican citizens of the
town of Boston, of the course pursued by the national government,
is truly consoling to its members; and, encouraged by the
declaration of the continuance of their confidence, and by the
assurance of their support, they will continue to pursue the line
of their high duties according to the best of their understandings,
and with undeviating regard to the good of the whole. Permit
me to avail myself of this occasion of tendering you personally
the assurances of my great esteem and respect.
Washington, January 14, 1809.
Sir,-I have received your favor of the 6th inst., informing
me that the American Philosophical Society had been pleased,
at their late election, unanimously to re-elect me president of the
society. In desiring, in my letter to the vice-presidents, that I
might be permitted to withdraw from that honor, I acted from a
conscientious persuasion that I was keeping from that important
station members whose position, as well as qualifications, would
enable them to render more effectual services to the institution.
But the society having thought proper again to name me, I shall
obey it with dutifulness, and be ever anxious to avail myself of
every occasion of being useful to them. I pray you to be so
good as to communicate my thanks to them, with assurances of
my devotion to their service, and to accept those of great esteem
and respect for yourself personally.
Washington, January 15, 1809.
Sir,-The constant pressure of such business as will admit
no delay, has prevented my sooner acknowledging the receipt
of your letter of the 2d, and even now will confine me to
the single question, for the answer to which you wait, before you
take any step towards bringing forward the institution you propose
for the advancement of the arts. That question is whether
Congress would grant a charter of incorporation, and a sum for
premiums annually? It has always been denied by the republican
party in this country, that the Constitution had given the
power of incorporation to Congress. On the establishment of the
Bank of the United States, this was the great ground on which
that establishment was combatted; and the party prevailing supported
it only on the argument of its being an incident to the
power given them for raising money. On this ground it has
been acquiesced in, and will probably be again acquiesced in, as
subsequently confirmed by public opinion. But in no other instance
have they ever exercised this power of incorporation out
of this district, of which they are the ordinary legislature.
It is still more settled that among the purposes to which the
Constitution permits them to apply money, the granting premiums
or bounties is not enumerated, and there has never been a single
instance of their doing it, although there has been a multiplicity
of applications. The Constitution has left these encouragements
to the separate States. I have in two or three messages recommended
to Congress an amendment to the Constitution, which
should extend their power to these objects. But nothing is yet
done in it. I fear, therefore, that the institution you propose
must rest on the patronage of the State in which it is to be. I
wish I could have answered you more to my own mind; as well
as yours; but truth is the first object. I salute you with esteem
and respect.
January 17, 1809.
Sir,—The pressure of the embargo, although sensibly felt by
every description of our fellow citizens, has yet been cheerfully
borne by most of them, under the conviction that it was a temporary
evil, and a necessary one to save us from greater and more
permanent evils,—the loss of property and surrender of rights.
But it would have been more cheerfully borne, but for the
knowledge that, while honest men were religiously observing it,
the unprincipled along our sea-coast and frontiers were fraudulently
evading it; and that in some parts they had even dared
to break through it openly, by an armed force too powerful to be
opposed by the collector and his assistants. To put an end to
this scandalous insubordination to the laws, the Legislature has
authorized the President to empower proper persons to employ
militia, for preventing or suppressing armed or riotous assemblages
of persons resisting the custom-house officers in the exercise of
their duties, or opposing or violating the embargo laws. He
sincerely hopes that, during the short time which these restrictions
are expected to continue, no other instances will take place
of a crime of so deep a die. But it is made his duty to take the
measures necessary to meet it. He therefore requests you, as
commanding officer of the militia of your State, to appoint some
officer of the militia, of known respect for the laws, in or near to
each port of entry within your State, with orders, when applied
to by the collector of the district, to assemble immediately a
sufficient force of his militia, and to employ them efficaciously to
maintain the authority of the laws respecting the embargo, and
that you notify to each collector the officer to whom, by your
appointment, he is so to apply for aid when necessary. He has
referred this appointment to your Excellency, because your
knowledge of characters, or means of obtaining it, will enable
you to select one who can be most confided in to exercise so
serious a power, with all the discretion, the forbearance, the kindness
even, which the enforcement of the law will possibly admit,—ever
to bear in mind that the life of a citizen is never to
be endangered, but as the last melancholy effort for the maintenance
of order and obedience to the laws.
Washington, January 20, 1809.
Thomas Jefferson presents his compliments to Mr. Boyd, and
observes that the enclosed petition of Nicholas Kosieg, has been
addressed to Judge Cranch, and yet is not recommended by him
or the other judges who sat on the trial. They are so particularly
qualified by having heard the evidence, to decide on the
merits of the petition, that Thomas Jefferson has generally made
the recommendation of judges the foundation of pardon, and sees
no reason in the present case to depart from that rule. He assures
Mr. Boyd of his esteem and respect.
Washington, January 20, 1809.
Sir,—The Secretary at War has put into my hand your Excellency's
letter of January 9th, covering one of December 15th
from Captain Henry St. John Dixon, of the volunteer riflemen
of the 105th regiment, offering the service of his company
for one year. The term for which the offer is made shows it
intended to be under the Act of Congress of February 24th,
1807, and not under that of March 30th, 1805, which is only
for a service of six months under the law of 1807. The Governors
were authorized and requested, on behalf of the President,
to accept the offers made under that act, and to organize the
corps when ready for it, officering it according to the laws of
their State. This authority was given to your predecessor, and
was considered as devolving on yourself. The authority and
request are now renewed to you, and the letter of Captain Dixon
returned for that purpose. To this I will add another request,
that you will be so good as to endeavor to have a return made
to the War Office of all the corps of twelve-month volunteers
which have been accepted in Virginia. They began immediately
after the attack on the Chesapeake. I salute you with esteem
and respect.
Washington, January 20, 1809.
Sir,—I have to acknowledge the receipt of your favor of
December 12th, and to return you my thanks for the cloth furnished
me. It came in good time, and does honor to your
manufactory, being as good as any one would wish to wear in
any country. Amidst the pressure of evils with which the belligerent
edicts have afflicted us, some permanent good will arise;
the spring given to manufactures will have durable effects. Knowing
most of my own State, I can affirm with confidence that were
free intercourse opened again to-morrow, she would never again
import one-half of the coarse goods which she has done down to
the date of the edicts. These will be made in our families.
For finer goods we must resort to the larger manufactories established
in the towns. Some jealousy of this spirit of manufacture
seems excited among commercial men. It would have
been as just when we first began to make our own ploughs and
hoes. They have certainly lost the profit of bringing these from
a foreign country. My idea is that we should encourage home
manufactures to the extent of our own consumption of everything
of which we raise the raw material. I do not think it
fair in the ship-owners to say we ought not to make our own
axes, nails, &c., here, that they may have the benefit of carrying
the iron to Europe, and bringing back the axes, nails, &c.
Our agriculture will still afford surplus produce enough to employ
a due proportion of navigation. Wishing every possible
success to your undertaking, as well for your personal as the
public benefit. I salute you with assurances of great esteem and
respect.
Washington, January 21, 1809.
Dear Sir,—Your letter of the 15th was duly received, and
before that, Towers' book, which you had been so kind as to
send me, had come to hand, for which I pray you to receive my
thanks. You judge rightly that here I have no time to read.
A cursory view of the book shows me that the author is a man
of much learning in his line. I have heard of some other late
writer, (the name I forget,) who has undertaken to prove contrary
events from the same sources; and particularly that England
is not to be put down; and that this is the favorite author
in that country. As to myself, my religious reading has long
been confined to the moral branch of religion, which is the same
in all religions; while in that branch which consists of dogmas,
all differ, all have a different set. The former instructs us how
to live well and worthily in society; the latter are made to interest
our minds in the support of the teachers who inculcate
them. Hence, for one sermon on a moral subject, you hear ten
on the dogmas of the sect. However, religion is not the subject
for you and me; neither of us know the religious opinions
of the other; that is a matter between our Maker and ourselves.
We understand each other better in politics, to which therefore
I will proceed. The House of Representatives passed last night
a bill for the meeting of Congress on the 22d of May. This
substantially decides the course they mean to pursue; that is, to
let the embargo continue till then, when it will cease, and letters
of marque and reprisal be issued against such nations as shall
not then have repealed their obnoxious edicts. The great majority
seem to have made up their minds on this, while there is
considerable diversity of opinion on the details of preparation;
to wit: naval force, volunteers, army, non-intercourse, &c. I
write freely to you, because I know that in stating facts, you
will not quote names. You know that every syllable uttered in
my name becomes a text for the federalists to torment the public
mind on by their paraphrases and perversions. I have lately inculcated
the encouragement of manufactures to the extent of
our own consumption at least, in all articles of which we raise
the raw material. On this the federal papers and meetings have
sounded the alarm of Chinese policy, destruction of commerce,
&c.; that is to say, the iron which we make must not be
wrought here into ploughs, axes, hoes, &c., in order that the
ship-owner may have the profit of carrying it to Europe, and
bringing it back in a manufactured form, as if after manufacturing
our own raw materials for own use, there would not be
a surplus produce sufficient to employ a due proportion of navigation
in carrying it to market and exchanging it for those articles
of which we have not the raw material. Yet this absurd
hue and cry has contributed much to federalize New England,
their doctrine goes to the sacrificing agriculture and manufactures
to commerce; to the calling all our people from the interior
country to the sea-shore to turn merchants, and to convert this
great agricultural country into a city of Amsterdam. But I trust
the good sense of our country will see that its greatest prosperity
depends on a due balance between agriculture, manufactures
and commerce, and not in this protuberant navigation which has
kept us in hot water from the commencement of our government,
and is now engaging us in war. That this may be avoided, if
it can be done without a surrender of rights, is my sincere prayer.
Accept the assurances of my constant esteem and respect.
Washington, January 22, 1809.
Sir,—I received last night your letter of yesterday, and this
being a day in which all the offices are shut, and the case admitting
no delay, I enclose you a special order, directly from myself,
to apply for aid of the militia adjacent to the vessel, to
enable you to do your duty as to the sloop loading with flour.
But I must desire that, so far as the agency of the militia be employed,
it may be with the utmost discretion, and with no act of
force beyond what shall be necessary to maintain obedience to
the laws, using neither deeds nor words unnecessarily offensive.
I salute you with respect.
[The Order enclosed.]
THOMAS JEFFERSON, PRESIDENT OF THE UNITED STATES OF AMERICA.
January, 1809.
United States of America to wit,—Information being received
that a sloop, said to be of one of the eastern States, of
about 1,500 barrels burthen, is taking in flour in the Bay of Occoquan
in Virginia, with intention to violate the several embargo
laws, and the urgency of the case not admitting the delay of the
ordinary course of proceeding through the orders of the Governors
of the States, I have therefore thought proper to issue these my
special orders to the militia officers of the counties of Fairfax,
Prince William, or of any other county of Virginia, or of Maryland,
adjacent to the river Potomak or any of its waters, wherein
the said vessel may be found, and to such particular officer especially
to whom these my orders shall be presented by any
collector of the customs, for any district on the said river or its
waters, or by any person acting under their authority, forthwith
on receiving notice, to call out such portion of the militia under
his or their command as shall be sufficient, and to proceed with
the same, in aid of the said collector, to take possession of the
said sloop and her cargo, wheresoever found in the said waters,
and to detain the same until she shall be liberated according to
law, for which this shall be his and their warrant.
Given under my hand at Washington, this 22d day of January,
1809.
Washington, January 28, 1809.
Dear Sir,—Your favor of the 18th was received in due time,
and the answer has been delayed as well by a pressure of business,
as by the expectation of your absence from Richmond.
The idea of sending a special mission to France or England is
not entertained at all here. After so little attention to us from
the former, and so insulting an answer from Canning, such a
mark of respect as an extraordinary mission, would be a degradation
against which all minds revolt here. The idea was hazarded
in the House of Representatives a few days ago, by a member,
and an approbation expressed by another, but rejected indignantly
by every other person who spoke, and very generally in conversation
by all others; and I am satisfied such a proposition would
get no vote in the Senate. The course the Legislature means to
pursue, may be inferred from the act now passed for a meeting
in May, and a proposition before them for repealing the embargo
in June, and then resuming and maintaining by force our right
of navigation. There will be considerable opposition to this last
proposition, not only from the federalists, old and new, who oppose
everything, but from sound members of the majority. Yet
it is believed it will obtain a good majority, and that it is the
only proposition which can be devised that could obtain a majority
of any kind. Final propositions will, therefore, be soon
despatched to both the belligerents through the resident ministers,
so that their answers will be received before the meeting in May,
and will decide what is to be done. This last trial for peace is
not thought desperate. If, as is expected, Bonaparte should be
successful in Spain, however every virtuous and liberal sentiment
revolts at it, it may induce both powers to be more accommodating
with us. England will see here the only asylum for her
commerce and manufactures, worth more to her than her orders of
council. And Bonaparte, having Spain at his feet, will look immediately
to the Spanish colonies, and think our neutrality
cheaply purchased by a repeal of the illegal parts of his decrees,
with perhaps the Floridas thrown into the bargain. Should a
change in the aspect of affairs in Europe produce this disposition
in both powers, our peace and prosperity may be revived and
long continue. Otherwise, we must again take the tented field,
as we did in 1776 under more inauspicious circumstances.
There never has been a situation of the world before, in which
such endeavors as we have made would not have secured our
peace. It is probable there never will be such another. If we
go to war now, I fear we may renounce forever the hope of
seeing an end of our national debt. If we can keep at peace
eight years longer, our income, liberated from death, will be
adequate to any war, without new taxes or loans, and our position
and increasing strength put us hors d'insulte from any nation. I
am now so near the moment of retiring, that I take no part in
affairs beyond the expression of an opinion. I think it fair that
my successor should now originate those measures of which he
will be charged with the execution and responsibility, and that it
is my duty to clothe them with the forms of authority. Five
weeks more will relieve me from a drudgery to which I am no
longer equal, and restore me to a scene of tranquillity, amidst my
family and friends, more congenial to my age and natural inclinations.
In that situation, it will always be a pleasure to me to see
you, and to repeat to you the assurances of my constant friendship
and respect.
Washington, January 31, 1809.
Sir,—The extraordinary and critical situation of our foreign
relations rendering it necessary, in the opinion of the National
Legislature, that their next recess should be short, they have
passed an act for meeting on the fourth Monday of May, of which
I enclose you a copy. As the election of representatives for the
State of Tennessee would not, in the ordinary course, be in time
for this meeting, I have thought it my duty to make you a special
communication of this law. That every State should be represented
in the great council of the nation, is not only the
interest of each, but of the whole united, who have a right to be
aided by the collective wisdom and information of the whole, in
questions which are to decide on their future well-being. I trust
that your Excellency will deem it incumbent on you to call an
immediate meeting of your legislature, in order to put it in their
power to fulfil this high duty, by making special and timely provision
for the representation of their State at the ensuing meeting
of Congress; to which measures I am bound earnestly to exhort
yourself and them. I am not insensible of the personal inconvenience
of this special call to the members composing the legislature
of so extensive a State; but neither will I do them the
injustice to doubt their being ready to make much greater sacrifices
for the common safety, should the course of events still lead
to a call for them. I tender to your Excellency the assurances
of my high respect and consideration.
Washington, February 3, 1809.
Sir,—I received in due time your favor of December 28th,
covering the tragedy of the unfortunate Louis XVI., and I am
sure you are too reasonable not to have ascribed the delay of
answer which has intervened, to its true cause, the never-ceasing
pressure of business which cannot be deferred. I have read the
piece with great satisfaction. I recognize in Louis that purity of
virtue and sincere patriotism which I knew made a part of his
real character. The sound good sense and exalted sentiments he
is made to utter, were proper to his character, whether actually a
part of it or not. I say nothing of style, not doubting its merit,
and conscious I am no judge of it in a foreign language. I believe
it impossible, in any but our native tongue, to be so
thoroughly sensible of the delicacy of style, which constitutes an
essential merit in poetical composition, as to criticise them with
correctness.
I wish that, in the prefatory piece, the character which is the
subject of it, did not fall still further short of its representation
than that of the principal personage in the main piece. I have
never claimed any other merit than of good intentions, sensible
that in the choice of measures, error of judgment has too often
had its influence; and with whatever indulgence my countrymen
as well as yourself, have been so kind as to view my course, yet
they would certainly not know me in the picture here drawn,
and would, I fear, say in the words of the poet, "Praise undeserved
is satire in disguise." Were, therefore, the piece to be
prepared for the press, I should certainly entreat you to revise
that part with a severe eye.
I believe I mentioned to you, on a former occasion, that the
late act of Congress for raising additional troops required that the
officers should all be citizens of the United States. Should there
be war, however, I am persuaded this policy must be abandoned,
and that we must avail ourselves of the experience of other nations,
in certain lines of service at least. In that expectation I
shall leave with my successor the papers in my possession, from
which he may be sensible of the benefits he may receive from
your aid.
I pray you to accept my salutations and assurances of respect.
Washington, February 3d, 1809.
Sir,—Your letter of January 7th came to my hand on the
23d only of that month, since which the pressure of business
which could not be delayed, has prevented my sooner acknowledging
its receipt. The offer of service therein made by the
subscribing members of the troop of cavalry, attached to the
57th regiment of Virginia militia under your command, is worthy
of that ardent love of our country which, I am persuaded, will
distinguish its citizens, whenever its wrongs shall call them to
the field. I tender, therefore, to the subscribing officers and
members of the troop that acknowledgment of their merit which
is so justly due. At the same time, I must observe that, considering
their offer of service as made under the law of 1808, the
power of accepting it is thereby given to the governor of the
State, to whom their address for acceptance is of course to be
made. A bill for raising a body of volunteers is now on its progress
through Congress. Should that be passed, which will soon
be known, it may perhaps be more eligible for the subscribing
members to place themselves under the conditions of that law.
I pray you to accept, for them and yourself, the assurances of my
esteem and respect.
Washington, February 3d, 1809.
Sir,—I enclose you a letter in answer to that in which you
offer the services of the subscribing members of your troop of
cavalry. I make this separate and private answer to the very
friendly letter addressed to me in your own name only, and
which accompanied the former. The relation which you bear
to my most valued and worthy friend Stevens T. Mason, gives
you a just title to communicate your wishes to me, and will insure
to you any services I can render you. The time of my continuance
in office is now so short, that it will scarcely fall to my
lot to be useful to you, but I shall leave your letter in the hands
of my successor, than whom nobody cherishes more the memory
of your father. If the bill mentioned in my other letter passes,
there will be little difficulty in your obtaining appointment. The
engagements that proposes are to be for one year from the time
the volunteers are called on, which will not be till war is declared,
or inevitable, and from that corps a transfer will be easy
into the regular troops, which in that case will be to be raised.
I am happy in every testimony from my fellow citizens, that
my conduct in the discharge of my duties to them, has given
them satisfaction. Accept my thanks for the very kind terms in
which you have been pleased to express your dispositions towards
myself, and with a request that you will be so good as to
present my high respects to Mrs. Mason, with whom I have had
the happiness of some acquaintance, I salute you with friendship
and esteem.
Washington, February 7, 1809.
Dear Sir,—I thought Congress had taken their ground firmly
for continuing their embargo till June, and then war. But a
sudden and unaccountable revolution of opinion took place
the last week, chiefly among the New England and New York
members, and in a kind of panic they voted the 4th of March for
removing the embargo, and by such a majority as gave all reason
to believe they would not agree either to war or non-intercourse.
This, too, was after we had become satisfied that the Essex
Junto had found their expectation desperate, of inducing the
people there to either separation or forcible opposition. The
majority of Congress, however, has now rallied to the removing
the embargo on the 4th of March, non-intercourse with France
and Great Britain, trade everywhere else, and continuing war
preparations. The further details are not yet settled, but I believe
it is perfectly certain that the embargo will be taken off the
4th of March. Present my warmest affections to my dearest
Martha, and the young ones, and accept the assurances of them
to yourself.
Washington, February 16, 1809.
Sir,—I have duly received your favor of the 11th, covering
resolutions of the General Assembly of Virginia on our foreign
relations, and an address to myself, on my approaching retirement;
and I ask leave, through the same channel, to return the
enclosed answer. Nothing can give me more sincere satisfaction
than this kind and honorable testimony from the General Assembly
of my native State,—a State in which I have drawn my first
and shall draw my latest breath, and to which I retire with inexpressible
pleasure. I am equally sensible of your goodness, in
the approving terms in which you have made this communication.
The concurrence of a veteran patriot, who from the first
dawn of the revolution to this day has pursued unchangeably the
same honest course, cannot but be flattering to his fellow laborers.
I pray you to accept the assurances of my sincere esteem and
respect.
Washington, February 18, 1809.
Sir,—Your favor of January 25th had been duly received, and
I was waiting in the hope I might find a moment of less pressure
in which I might answer it somewhat in detail, when that
of the 14th inst. came to hand. Finding that, instead of any
relaxation of business, it crowds more on me as I approach my
departure, I can only indulge myself in a very brief reply. As
to the rights of the United States as a neutral power, our opinions
are very different, mine being that when two nations go to
war, it does not abridge the rights of neutral nations but in the
two articles of blockade and contraband of war. But on this
subject we have both probably read and thought so much as to
have made up our minds, and it is not likely that either can make
a convert of the other. With respect to the interests of the
United States in this exuberant commerce which is now bringing
war on us, we concur perfectly. It brings us into collision with
other powers in every sea, and will force us into every war of
the European powers. The converting this great agricultural
country into a city of Amsterdam,—a mere head-quarters for
carrying on the commerce of all nations with one another, is too
absurd. Yet this is the real object of the drawback system,—it
enriches a few individuals, but lessens the stock of native productions,
by withdrawing from them all the hands thus employed;
it is essentially interesting to us to have shipping and seamen
enough to carry our surplus produce to market; but beyond that,
I do not think we are bound to give it encouragement by drawbacks
or other premiums. I wish you may be right in supposing
that the trading States would now be willing to give up the drawbacks,
and to denationalize all ships taking foreign articles on
board for any other destination than the United States, on being
secured by discriminating duties, or otherwise in the exclusive
carryage of the produce of the United States. I should doubt it.
Were such a proposition to come from them, I presume it would
meet with little difficulty. Otherwise, I suppose it must wait
till peace, when the right of drawback will be less valued than
the exclusive carryage of our own produce.
No apology was necessary for the letters you were so kind as
to write me on this subject. I have always received with thankfulness
the ideas of judicious persons on subjects interesting to
the public. In the present case, I thought I should better fulfil
your objects by communicating your letters to my successor, to
whose views I have thought it my duty to give the lead, ever
since his designation, as to all matters which he would have to
execute. Nothing will probably be done on this subject in the
few days between this and my retirement; and in that situation
I shall certainly divorce myself from all part in political affairs.
To get rid of them is the principal object of my retirement, and
the first thing necessary to the happiness which, you justly observe,
it is in vain to look for in any other situation. I pray you
to accept my salutations, and assurances of respect.
Washington, February 19, 1809.
Dear Sir,—A little transaction of mine, as innocent a one as
I ever entered into, and where an improper construction was
never less expected, is making some noise, I observe, in your
city. I beg leave to explain it to you, because I mean to ask
your agency in it. The last year, the Agricultural Society of
Paris, of which I am a member, having had a plough presented
to them, which, on trial with a graduated instrument, did equal
work with half the force of their best ploughs, they thought it
would be a benefit to mankind to communicate it. They accordingly
sent one to me, with a view to its being made known
here, and they sent one to the Duke of Bedford also, who is one
of their members, to be made use of for England, although the
two nations were then at war. By the Mentor, now going to
France, I have given permission to two individuals in Delaware
and New York, to import two parcels of Merino sheep from France,
which they have procured there, and to some gentlemen in Boston,
to import a very valuable machine which spins cotton, wool,
and flax equally. The last spring, the Society informed me
they were cultivating the cotton of the Levant and other parts of
the Mediterranean, and wished to try also that of our southern
States. I immediately got a friend to have two tierces of seed
forwarded to me. They were consigned to Messrs. Falls and
Brown of Baltimore, and notice of it being given me, I immediately
wrote to them to re-ship them to New York, to be sent by
the Mentor. Their first object was to make a show of my letter,
as something very criminal, and to carry the subject into the
newspapers. I had, on a like request, some time ago, (but before
the embargo,) from the President of the Board of Agriculture of
London, of which I am also a member, to send them some of the
genuine May wheat of Virginia, forwarded to them two or three
barrels of it. General Washington, in his time, received from
the same Society the seed of the perennial succory, which Arthur
Young had carried over from France to England, and I have
since received from a member of it the seed of the famous turnip
of Sweden, now so well known here. I mention these things,
to show the nature of the correspondence which is carried on between
societies instituted for the benevolent purpose of communicating
to all parts of the world whatever useful is discovered in
any one of them. These societies are always in peace, however
their nations may be at war. Like the republic of letters, they
form a great fraternity spreading over the whole earth, and their
correspondence is never interrupted by any civilized nation.
Vaccination has been a late and remarkable instance of the liberal
diffusion of a blessing newly discovered. It is really painful, it
is mortifying, to be obliged to note these things, which are
known to every one who knows anything, and felt with approbation
by every one who has any feeling. But we have a faction,
to whose hostile passions the torture even of right into wrong
is a delicious gratification. Their malice I have long learned to
disregard, their censure to deem praise. But I observe that some
republicans are not satisfied (even while we are receiving liberally
from others) that this small return should be made. They will
think more justly at another day; but, in the meantime, I wish
to avoid offence. My prayer to you, therefore, is, that you will
be so good, under the enclosed order, as to receive these two
tierces of seed from Falls and Brown, and pay them their disbursements
for freight, &c., which I will immediately remit you
on knowing the amount. Of the seed, when received, be so
good as to make manure for your garden. When rotted with a
due mixture of stable manure or earth, it is the best in the world.
I rely on your friendship to excuse this trouble, it being necessary
I should not commit myself again to persons of whose honor,
or the want of it, I know nothing.
Accept the assurances of my constant esteem and respect.
Washington, February 25, 1809.
Sir,—I have received the favor of your letter of August 17th,
and with it the volume you were so kind as to send me on the
"Literature of Negroes." Be assured that no person living
wishes more sincerely than I do, to see a complete refutation of
the doubts I have myself entertained and expressed on the grade
of understanding allotted to them by nature, and to find that in
this respect they are on a par with ourselves. My doubts were
the result of personal observation on the limited sphere of my
own State, where the opportunities for the development of their
genius were not favorable, and those of exercising it still less so.
I expressed them therefore with great hesitation; but whatever
be their degree of talent it is no measure of their rights. Because
Sir Isaac Newton was superior to others in understanding,
he was not therefore lord of the person or property of others.
On this subject they are gaining daily in the opinions of nations,
and hopeful advances are making towards their re-establishment
on an equal footing with the other colors of the human
family. I pray you therefore to accept my thanks for the many
instances you have enabled me to observe of respectable intelligence
in that race of men, which cannot fail to have effect in
hastening the day of their relief; and to be assured of the sentiments
of high and just esteem and consideration which I tender
to yourself with all sincerity.
Washington, February 25, 1809.
Sir,—I have duly received your favors of May 29th and July
11th, and with this last a copy of your Constitution with the
new augmentations. Our usages not permitting me to present it
formally to the Legislature of the nation, I have deposited it in
their library, where all its members will have an opportunity of
profiting of its truths, and it will be, as you desire, in a depôt
beyond the reach of violence. No interests are dearer to men
than those which ought to be secured to them by their form of
government, and none deserve better of them than those who
contribute to the amelioration of that form. The consciousness
of having deserved well of mankind for your endeavors to be
useful to them in this line, will be itself a high reward, to which
will be added the homage of those who shall have reaped the
benefits of them. I ask permission on my part to tender you
the assurances of my esteem and great respect.
Washington, February 28, 1809.
My Dear Sir,—By yesterday's mail I learn that it would be
the desire of many of the good citizens of our country to meet
me on the road on my return home, as a manifestation of their
good will. But it is quite impossible for me to ascertain the day
on which I shall leave this. The accumulated business at the
close of a session will prevent my making any preparation for
my departure till after the 4th of March. After that, the arrangement
of papers and business to be delivered over to my successor,
the winding up my own affairs, and clearing out from this
place, will employ me for several days, (I cannot conjecture even
how many,) so as to render the commencement, and consequently
the termination of my journey, altogether uncertain. But it is
a sufficient happiness to me to know that my fellow-citizens
of the country generally entertain for me the kind sentiments
which have prompted this proposition, without giving to so
many the trouble of leaving their homes to meet a single individual.
I shall have opportunities of taking them individually
by the hand at our court-house and other public places, and of
exchanging assurances of mutual esteem. Certainly it is the
greatest consolation to me to know, that in returning to the
bosom of my native country, I shall be again in the midst of
their kind affections: and I can say with truth that my return to
them will make me happier than I have been since I left them.
Nothing will be wanting on my part to merit the continuance
of their good will. The House of Representatives passed yesterday,
by a vote of 81 to 40, the bill from the Senate repealing
the embargo the 4th of March, except against Great Britain and
France and their dependencies, establishing a non-intercourse
with them, and having struck out the clause for letters of marque
and reprisal, which it is thought the Senate will still endeavor
to reinstate. I send you a paper containing the last Spanish
news. Yours affectionately.
Washington, March 2, 1809.
Gentlemen,—I have just received the enclosed with a request
that I would lay it before both Houses of Congress. But I have
never presumed to place myself between the Legislative Houses
and those who have a constitutional right to address them directly.
I take the liberty therefore of enclosing the paper to
you, that you may do therein what in your judgment shall best
comport with expediency and propriety.
I pray you to be assured of my high consideration.
Washington, March 2, 1809.
Dear Sir,—My last to you was of May 2d; since which I
have received yours of May the 25th, June the 1st, July the 23d,
24th, and September the 5th, and distributed the two pamphlets
according to your desire. They are read with the delight which
everything from your pen gives.
After using every effort which could prevent or delay our
being entangled in the war of Europe, that seems now our only
resource. The edicts of the two belligerents, forbidding us to be
seen on the ocean, we met by an embargo. This gave us time
to call home our seamen, ships and property, to levy men and
put our seaports into a certain state of defence. We have now
taken off the embargo, except as to France and England and
their territories, because fifty millions of exports, annually sacrificed,
are the treble of what war would cost us; besides, that by
war we should take something, and lose less than at present. But
to give you a true description of the state of things here, I must
refer you to Mr. Coles, the bearer of this, my secretary, a most
worthy, intelligent and well-informed young man, whom I recommend
to your notice, and conversation on our affairs. His
discretion and fidelity may be relied on. I expect he will find
you with Spain at your feet, but England still afloat, and a barrier
to the Spanish colonies. But all these concerns I am now leaving
to be settled by my friend Mr. Madison. Within a few days I
retire to my family, my books and farms; and having gained the
harbor myself, I shall look on my friends still buffeting the
storm with anxiety indeed, but not with envy. Never did a prisoner,
released from his chains, feel such relief as I shall on
shaking off the shackles of power. Nature intended me for the
tranquil pursuits of science, by rendering them my supreme delight.
But the enormities of the times in which I have lived,
have forced me to take a part in resisting them, and to commit
myself on the boisterous ocean of political passions. I thank
God for the opportunity of retiring from them without censure,
and carrying with me the most consoling proofs of public approbation.
I leave everything in the hands of men so able to take
care of them, that if we are destined to meet misfortunes, it will
be because no human wisdom could avert them. Should you
return to the United States, perhaps your curiosity may lead you
to visit the hermit of Monticello. He will receive you with affection
and delight; hailing you in the meantime with his
affectionate salutations and assurances of constant esteem and
respect.
P. S. If you return to us, bring a couple of pair of true-bred
shepherd's dogs. You will add a valuable possession to a country
now beginning to pay great attention to the raising sheep.
Washington, March 5, 1809.
Dear Sir,—This will be handed you by Mr. Coles, the bearer
of public despatches, by an aviso. He has lived with me as
Secretary, is my wealthy neighbor at Monticello, and worthy of
all confidence. His intimate knowledge of our situation has induced
us to send him, because he will be a full supplement as
to all those things which cannot be detailed in writing. He
can possess you of our present situation much more intimately
than you can understand it from letters. The belligerent edicts
rendered our embargo necessary to call home our ships, our seamen,
and property. We expected some effect too from the coercion
of interest. Some it has had; but much less on account
of evasions, and domestic opposition to it. After fifteen months'
continuance it is now discontinued, because, losing $50,000,000
of exports annually by it, it costs more than war, which might
be carried on for a third of that, besides what might be got by
reprisal. War therefore must follow if the edicts are not repealed
before the meeting of Congress in May. You have thought
it advisable sooner to take possession of adjacent territories.
But we know that they are ours the first moment that any war
is forced upon us for other causes, that we are at hand to anticipate
their possession, if attempted by any other power, and, in
the meantime, we are lengthening the term of our prosperity,
liberating our revenues, and increasing our power. I suppose
Napoleon will get possession of Spain; but her colonies will deliver
themselves to any member of the Bourbon family. Perhaps
Mexico will choose its sovereign within itself. He will
find them much more difficult to subdue than Austria or Prussia;
because an enemy (even in peace an enemy) possesses the
element over which he is to pass to get at them; and a more
powerful enemy (climate) will soon mow down his armies after
arrival. This will be, without any doubt, the most difficult enterprise
the emperor has ever undertaken. He may subdue the small
colonies; he never can the old and strong; and the former will
break off from him the first war he has again with a naval power.
I thank you for having procured for me the Dynamometer
which I have safely received, as well as the plough. Mr. Coles
will reimburse what you were so kind as to advance for me on
that account. The letters which will be written you by the
new Secretary of State (Mr. Smith) will say to you what is
meant to be official. For although I too have written on politics,
it is merely as a private individual, which I am now happily
become. Within two or three days I retire from scenes of
difficulty, anxiety, and of contending passions, to the elysium of
domestic affections, and the irresponsible direction of my own
affairs. Safe in port myself, I shall look anxiously at my friends
still buffeting the storm, and wish you all safe in port also.
With my prayers for your happiness and prosperity, accept the
assurances of my sincere friendship and great respect.
Washington, March 6, 1809.
Dear Sir,—I received safely your letter of May 30th, and
with it your astronomical work and Political essay on the kingdom
of New Spain, for which I return you my sincere thanks.
I had before heard that this work had begun to appear, and the
specimen I have received proves that it will not disappoint the
expectations of the learned. Besides making known to us one
of the most singular and interesting countries on the globe, one
almost locked up from the knowledge of man hitherto, precious
additions will be made to our stock of physical science, in many
of its parts. We shall bear to you therefore the honorable testimony
that you have deserved well of the republic of letters.
You mention that you had before written other letters to me.
Be assured I have never received a single one, or I should not
have failed to make my acknowledgments of it. Indeed I have
not waited for that, but for the certain information, which I had
not, of the place where you might be. Your letter of May 30th
first gave me that information. You have wisely located yourself
in the focus of the science of Europe. I am held by the cords of
love to my family and country, or I should certainly join you.
Within a few days I shall now bury myself in the groves of
Monticello, and become a mere spectator of the passing events.
On politics I will say nothing, because I would not implicate
you by addressing to you the republican ideas of America,
deemed horrible heresies by the royalism of Europe. You will
know before this reaches you, that Mr. Madison is my successor.
This ensures to us a wise and honest administration. I salute
you with sincere friendship and respect.
Washington, March 8, 1809.
Dear Sir,—It is with much concern I inform you that the
Senate has negatived your appointment. We thought it best
to keep back the nomination to the close of the session, that the
mission might remain secret as long as possible, which you
know was our purpose from the beginning. It was then sent
in with an explanation of its object and motives. We took for
granted, if any hesitation should arise, that the Senate would take
time, and that our friends in that body would make inquiries of
us, and give us the opportunity of explaining and removing objections.
But to our great surprise, and with an unexampled
precipitancy, they rejected it at once. This reception of the last
of my official communications to them, could not be unfelt, nor
were the causes of it spoken out by them. Under this uncertainty,
Mr. Madison, on his entering into office, proposed another
person, (John Q. Adams.) He also was negatived, and
they adjourned sine die. Our subsequent information was that,
on your nomination, your long absence from this country, and
their idea that you do not intend to return to it, had very sensible
weight; but that all other motives were superseded by an
unwillingness to extend our diplomatic connections, and a desire
even to recall the foreign ministers we already have. All
were sensible of the great virtues, the high character, the powerful
influence, and valuable friendship of the emperor. But riveted
to the system of unentanglement with Europe, they declined
the proposition. On this subject you will receive the official explanations
from Mr. Smith, the Secretary of State. I pray you
to place me rectus in curiâ in this business with the emperor,
and to assure him that I carry into my retirement the highest
veneration for his virtues, and fondly cherish the belief that his
dispositions and power are destined by heaven to better, in some
degree at least, the condition of oppressed man.
I have nothing new to inform you as to your private friends
or acquaintances. Our embargo has worked hard. It has in
fact federalized three of the New England States. Connecticut
you know was so before. We have substituted for it a non-intercourse
with France and England and their dependencies,
and a trade to all other places. It is probable the belligerents
will take our vessels under their edicts, in which case we shall
probably declare war against them.
I write this in the midst of packing and preparing for my departure,
of visits of leave, and interruptions of every kind. I
must therefore conclude with my affectionate adieu to you, and
assurances of my constant attachment and respect.
Monticello, March 17, 1809.
Dear Sir,—On opening my letters from France, in the moment
of my departure from Washington, I found from their signatures
that they were from literary characters, except one from
Mr. Short, which mentioned in the outset that it was private,
and that his public communications were in the letter to the
Secretary of State, which I sent you. I find, however, on reading
his letter to me (which I did not do till I got home) a passage
of some length proper to be communicated to you, and
which I have therefore extracted.
I had a very fatiguing journey, having found the roads excessively
bad, although I have seen them worse. The last three
days I found it better to be on horseback, and travelled eight
hours through as disagreeable a snow storm as I was ever in.
Feeling no inconvenience from the expedition but fatigue, I
have more confidence in my vis vitæ, than I had before entertained.
The spring is remarkably backward. No oats sown,
not much tobacco seed, and little done in the gardens. Wheat
has suffered considerably. No vegetation visible yet but the red
maple, weeping willow and lilac. Flour is said to be at eight
dollars at Richmond, and all produce is hurrying down.
I feel great anxiety for the occurrences of the ensuing four or
five months. If peace can be preserved, I hope and trust you
will have a smooth administration. I know no government
which would be so embarrassing in war as ours. This would
proceed very much from the lying and licentious character of
our papers; but much, also, from the wonderful credulity of the
members of Congress in the floating lies of the day. And in
this no experience seems to correct them. I have never seen a
Congress during the last eight years, a great majority of which I
would not implicitly have relied on in any question, could their
minds have been purged of all errors of fact. The evil, too, increases
greatly with the protraction of the session, and I apprehend,
in case of war, their session would have a tendency to become
permanent. It is much, therefore, to be desired that war
may be avoided, if circumstances will admit. Nor in the present
maniac state of Europe, should I estimate the point of honor
by the ordinary scale. I believe we shall, on the contrary, have
credit with the world, for having made the avoidance of being
engaged in the present unexampled war, our first object. War,
however, may become a less losing business than unresisted
depredation. With every wish that events may be propitious to
your administration, I salute you with sincere affection and
every sympathy of the heart.
Monticello, March 29, 1809.
Sir,—I received on the evening of the 1st of March the resolutions
enclosed in your letter of February 20th, for the purpose
of being laid before both Houses of Congress. Usage, and perhaps
sound principle, not permitting the President to place himself
between the representatives and their constituents, who have
a right to address their Legislature directly, I delivered the next
day a copy of your resolutions to a member of Pennsylvania in
each House of Congress. But as that body was to rise on the
day ensuing that, the mass of indispensable business crowding
on the last moments of the Session scarcely admitted the opportunity
of a compliance with your wishes.
I avail myself of this occasion of returning sincere thanks for
the kind dispositions towards myself expressed in your letter,
and for the sentiments which it conveys, of approbation of my
conduct in the administration of the public affairs. If that conduct
has met the general approbation of my country, it is the
highest reward I can receive; and I shall ever feel towards them
that gratitude which the confidence they have favored me with
so eminently calls for. Accept for yourself the assurances of
my high respect.
April 3, 1809.
Returning to the scenes of my birth and early life, to the society
of those with whom I was raised, and who have been
ever dear to me, I receive, fellow citizens and neighbors, with inexpressible
pleasure, the cordial welcome you are so good as to
give me. Long absent on duties which the history of a wonderful
era made incumbent on those called to them, the pomp,
the turmoil, the bustle and splendor of office, have drawn but
deeper sighs for the tranquil and irresponsible occupations of
private life, for the enjoyment of an affectionate intercourse with
you, my neighbors and friends, and the endearments of family
love, which nature has given us all, as the sweetener of every
hour. For these I gladly lay down the distressing burthen of
power, and seek, with my fellow citizens, repose and safety under
the watchful cares, the labors and perplexities of younger
and abler minds. The anxieties you express to administer to
my happiness, do, of themselves, confer that happiness; and the
measure will be complete, if my endeavors to fulfil my duties in
the several public stations to which I have been called, have obtained
for me the approbation of my country. The part which
I have acted on the theatre of public life, has been before them;
and to their sentence I submit it; but the testimony of my native
county, of the individuals who have known me in private
life, to my conduct in its various duties and relations, is the more
grateful, as proceeding from eye witnesses and observers, from
triers of the vicinage. Of you, then, my neighbors, I may ask,
in the face of the world, "whose ox have I taken, or whom have
I defrauded? Whom have I oppressed, or of whose hand have
I received a bribe to blind mine eyes therewith?" On your
verdict I rest with conscious security. Your wishes for my
happiness are received with just sensibility, and I offer sincere
prayers for your own welfare and prosperity.
Monticello, April 7, 1809.
Dear Sir,—Your favor of February 27th came to hand on
the 3d of March. The occupations of the moment and of those
which have followed must be my apology for this late acknowledgment.
The plan of civilizing the Indians is undoubtedly
a great improvement on the ancient and totally ineffectual one
of beginning with religious missionaries. Our experience has
shown that this must be the last step of the process. The following
is what has been successful: 1st, to raise cattle, &c., and
thereby acquire a knowledge of the value of property; 2d, arithmetic,
to calculate that value; 3d, writing, to keep accounts, and
here they begin to enclose farms, and the men to labor, the
women to spin and weave; 4th, to read "Æsop's Fables" and
"Robinson Crusoe" are their first delight. The Creeks and
Cherokees are advanced thus far, and the Cherokees are now
instituting a regular government.
An equilibrium of agriculture, manufactures, and commerce, is
certainly become essential to our independence. Manufactures,
sufficient for our own consumption, of what we raise the raw
material, (and no more.) Commerce sufficient to carry the surplus
produce of agriculture, beyond our own consumption, to a
market for exchanging it for articles we cannot raise, (and no
more.) These are the true limits of manufactures and commerce.
To go beyond them is to increase our dependence on
foreign nations, and our liability to war.
These three important branches of human industry will then
grow together, and be really handmaids to each other. I salute
you with great respect and esteem.
Monticello, April 15, 1809.
Dear Sir,—I have duly received your very friendly letter of
March 28th, and am extremely sensible to the kind spirit it
breathes. To be praised by those who themselves deserve all
praise, is a gratification of high order. Their approbation who,
having been high in office themselves, have information and
talents to guide their judgment, is a consolation deeply felt. A
conscientious devotion to republican government, like charity in
religion, has obtained for me much indulgence from my fellow
citizens, and the aid of able counsellors has guided me through
many difficulties which have occurred. The troubles in the
East have been produced by English agitators, operating on the
selfish spirit of commerce, which knows no country, and feels
no passion or principle but that of gain. The inordinate extent
given it among us by our becoming the factors of the whole
world, has enabled it to control the agricultural and manufacturing
interests. When a change of circumstances shall reduce
it to an equilibrium with these, to the carrying our produce only,
to be exchanged for our wants, it will return to a wholesome
condition for the body politic, and that beyond which it should
never more be encouraged to go. The repeal of the drawback
system will either effect this, or bring sufficient sums into the
treasury to meet the wars we shall bring on by our covering
every sea with our vessels. But this must be the work of peace.
The correction will be after my day, as the error originated before
it. I thank you sincerely for your kind good wishes, and
offer my prayers for your health and welfare, with every assurance
of my great esteem and respect.
P. S. I thank you for the information of your letter of the
4th, this moment received. I sincerely wish the British orders
may be repealed. If they are, it will be because the nation will
not otherwise let the ministers keep their places. Their object
has unquestionably been fixed to establish the Algerine system,
and to maintain their possession of the ocean by a system of
piracy against all nations.
Monticello, April 19, 1809.
Dear Sir,—I have to acknowledge your favor of the 9th, and
to thank you for the political information it contained. Reading
the newspapers but little and that little but as the romance of
the day, a word of truth now and then comes like the drop of
water on the tongue of Dives. If the British ministry are
changing their policy towards us, it is because their nation, or
rather the city of London, which is the nation to them, is shaken
as usual, by the late reverses in Spain. I have for some
time been persuaded that the government of England was
systematically decided to claim a dominion of the sea, and to
levy contributions on all nations, by their licenses to navigate,
in order to maintain that dominion to which their own resources
are inadequate. The mobs of their cities are unprincipled
enough to support this policy in prosperous times, but change
with the tide of fortune, and the ministers, to keep their places,
change with them. I wish Mr. Oakley may not embarrass you
with his conditions of revoking the orders of council. Enough
of the non-importation law should be reserved, 1st, to pinch
them into a relinquishment of impressments, and 2d, to support
those manufacturing establishments which their orders, and our
interests, forced us to make.
I suppose the conquest of Spain will soon force a delicate
question on you as to the Floridas and Cuba, which will offer
themselves to you. Napoleon will certainly give his consent
without difficulty to our receiving the Floridas, and with some
difficulty possibly Cuba. And though he will disregard the obligation
whenever he thinks he can break it with success, yet it
has a great effect on the opinion of our people and the world to
have the moral right on our side, of his agreement as well as
that of the people of those countries.
Mr. Hackley's affair is really unfortunate. He has been
driven into this arrangement by his distresses, which are great.
He is a perfectly honest man, as is well known here where he
was born, but unaccustomed to political subjects, he has not seen
it in that view. But a respect for the innocence of his views
cannot authorize the sanction of government to such an example.
* * * * * * * *
Monticello, April 27, 1809.
Dear Sir,—Yours of the 24th came to hand last night. The
correspondence between Mr. Smith and Mr. Erskine had been
received three days before. I sincerely congratulate you on the
change it has produced in our situation. It is the source of very
general joy here, and could it have arrived one month sooner
would have had important effects, not only on the elections of
other States, but of this also, from which it would seem that
wherever there was any considerable portion of federalism it has
been so much reinforced by those of whose politics the price of
wheat is the sole principle, that federalists will be returned from
many districts of this State. The British ministry has been
driven from its Algerine system, not by any remaining morality
in the people, but by their unsteadiness under severe trial. But
whencesoever it comes, I rejoice in it as the triumph of our forbearing
and yet persevering system. It will lighten your anxieties,
take from Cabal its most fertile ground of war, will give
us peace during your time, and by the complete extinguishment
of our public debt, open upon us the noblest application of revenue
that has ever been exhibited by any nation. I am sorry
they are sending a minister to attempt a treaty. They never
made an equal commercial treaty with any nation, and we have
no right to expect to be the first. It will place you between the
injunctions of true patriotism and the clamors of a faction devoted
to a foreign interest, in preference to that of their own
country. It will confirm the English too in their practice of
whipping us into a treaty. They did it in Jay's case, were near
it in Monroe's, and on failure of that, have applied the scourge
with tenfold vigor, and now come on to try its effect. But it is
the moment when we should prove our consistence, by recurring
to the principles we dictated to Monroe, the departure from
which occasioned our rejection of his treaty, and by protesting
against Jay's treaty being ever quoted, or looked at, or even
mentioned. That form will forever be a millstone round our
necks unless we now rid ourselves of it once for all. The occasion
is highly favorable, as we never can have them more in
our power.
As to Bonaparte, I should not doubt the revocation of his
edicts, were he governed by reason. But his policy is so crooked
that it eludes conjecture. I fear his first object now is to
dry up the sources of British prosperity by excluding her manufactures
from the continent. He may fear that opening the
ports of Europe to our vessels will open them to an inundation
of British wares. He ought to be satisfied with having forced
her to revoke the orders on which he pretended to retaliate, and
to be particularly satisfied with us, by whose unyielding adherence
to principle she has been forced into the revocation.
He ought the more to conciliate our good will, as we can be
such an obstacle to the new career opening on him in the
Spanish colonies. That he would give us the Floridas to withhold
intercourse with the residue of those colonies, cannot be
doubted. But that is no price; because they are ours in the
first moment of the first war; and until a war they are of no
particular necessity to us. But, although with difficulty, he will
consent to our receiving Cuba into our Union, to prevent our
aid to Mexico and the other provinces. That would be a price,
and I would immediately erect a column on the southernmost
limit of Cuba, and inscribe on it a ne plus ultra as to us in that
direction. We should then have only to include the north in
our Confederacy, which would be of course in the first war, and
we should have such an empire for liberty as she has never surveyed
since the creation; and I am persuaded no constitution
was ever before so well calculated as ours for extensive empire
and self-government. As the Mentor went away before this
change, and will leave France probably while it is still a secret
in that hemisphere, I presume the expediency of pursuing her
by a swift sailing despatch was considered. It will be objected
to our receiving Cuba, that no limit can then be drawn to our
future acquisitions. Cuba can be defended by us without a
navy, and this develops the principle which ought to limit our
views. Nothing should ever be accepted which would require
a navy to defend it.
Our Spring continues cold and backward, rarely one growing
day without two or three cold ones following. Wheat is of very
various complexions from very good to very bad. Fruit has not
suffered as much as was expected, except in peculiar situations.
Gardens are nearly a month behind their usual state. I thank
you for the squashes from Maine; they shall be planted to-day.
I salute you with sincere and constant affection.
Monticello, May 14, 1809.
Sir,—I have duly received your favor of April 3d, with the
copy of your "General Geography," for which I pray you to
accept my thanks. My occupations here have not permitted me
to read it through, which alone could justify any judgment expressed
on the work. Indeed, as it appears to be an abridgment
of several branches of science, the scale of abridgment must enter
into that judgment. Different readers require different scales
according to the time they can spare, and their views in reading,
and no doubt that the view of the sciences which you have
brought into the compass of a 12mo volume will be accommodated
to the time and object of many who may wish for but a
very general view of them.
In passing my eye rapidly over parts of the book, I was struck
with two passages, on which I will make observations, not
doubting your wish, in any future edition, to render the work as
correct as you can. In page 186 you say the potatoe is a native
of the United States. I presume you speak of the Irish potatoe.
I have inquired much into the question, and think I can assure
you that plant is not a native of North America. Zimmerman,
in his "Geographical Zoology," says it is a native of Guiana;
and Clavigero, that the Mexicans got it from South America, its
native country. The most probable account I have been able
to collect is, that a vessel of Sir Walter Raleigh's, returning from
Guiana, put into the west of Ireland in distress, having on board
some potatoes which they called earth-apples. That the season
of the year, and circumstance of their being already sprouted,
induced them to give them all out there, and they were no more
heard or thought of, till they had been spread considerably into
that island, whence they were carried over into England, and
therefore called the Irish potatoe. From England they came to
the United States, bringing their name with them.
The other passage respects the description of the passage of
the Potomac through the Blue Ridge, in the Notes on Virginia.
You quote from Volney's account of the United States what his
words do not justify. His words are, "on coming from Fredericktown,
one does not see the rich perspective mentioned in
the Notes of Mr. Jefferson. On observing this to him a few
days after, he informed me he had his information from a French
engineer who, during the war of Independence, ascended the
height of the hills, and I conceive that at that elevation the perspective
must be as imposing as a wild country, whose horizon
has no obstacles, may present." That the scene described in
the "Notes" is not visible from any part of the road from Fredericktown
to Harper's ferry is most certain. That road passes
along the valley, nor can it be seen from the tavern after crossing
the ferry; and we may fairly infer that Mr. Volney did not ascend
the height back of the tavern from which alone it can be
seen, but that he pursued his journey from the tavern along the
high road. Yet he admits, that at the elevation of that height
the perspective may be as rich as a wild country can present.
But you make him "surprised to find, by a view of the spot, that
the description was amazingly exaggerated." But it is evident
that Mr. Volney did not ascend the hill to get a view of the spot,
and that he supposed that that height may present as imposing a
view as such a country admits. But Mr. Volney was mistaken
in saying I told him I had received the description from a French
engineer. By an error of memory he has misapplied to this
scene what I mentioned to him as to the Natural Bridge. I told
him I received a drawing of that from a French engineer sent
there by the Marquis de Chastellux, and who has published
that drawing in his travels. I could not tell him I had the description
of the passage of the Potomac from a French engineer,
because I never heard any Frenchman say a word about
it, much less did I ever receive a description of it from any mortal
whatever. I visited the place myself in October 1783, wrote
the description some time after, and printed the work in Paris
in 1784-5. I wrote the description from my own view of the
spot, stated no fact but what I saw, and can now affirm that no
fact is exaggerated. It is true that the same scene may excite
very different sensations in different spectators, according to their
different sensibilities. The sensations of some may be much
stronger than those of others. And with respect to the Natural
Bridge, it was not a description, but a drawing only, which I
received from the French engineer. The description was written
before I ever saw him. It is not from any merit which I
suppose in either of these descriptions, that I have gone into
these observations, but to correct the imputation of having given
to the world as my own, ideas, and false ones too, which I had
received from another. Nor do I mention the subject to you
with a desire that it should be any otherwise noticed before the
public than by a more correct statement in any future edition of
your work.
You mention having enclosed to me some printed letters announcing
a design in which you ask my aid. But no such letters
came to me. Any facts which I possess, and which may
be useful to your views, shall be freely communicated, and I
shall be happy to see you at Monticello, should you come this
way as you propose. You will find me engaged entirely in rural
occupations, looking into the field of science but occasionally
and at vacant moments.
I sowed some of the Benni seed the last year, and distributed
some among my neighbors; but the whole was killed by the
September frost. I got a little again the last winter, but it was
sowed before I received your letter. Colonel Fen of New York
receives quantities of it from Georgia, from whom you may
probably get some through the Mayor of New York. But I little
expect it can succeed with you. It is about as hardy as the
cotton plant, from which you may judge of the probability of
raising it at Hudson.
I salute you with great respect.
Monticello, May 19, 1809.
Sir,—Your favor of March 19th came to hand but a few days
ago, and informs me of the establishment of the Westward
Mill Library Society, of its general views and progress. I always
hear with pleasure of institutions for the promotion of
knowledge among my countrymen. The people of every country
are the only safe guardians of their own rights, and are the
only instruments which can be used for their destruction. And
certainly they would never consent to be so used were they not
deceived. To avoid this, they should be instructed to a certain
degree. I have often thought that nothing would do more extensive
good at small expense than the establishment of a small
circulating library in every county, to consist of a few well-chosen
books, to be lent to the people of the county, under such
regulations as would secure their safe return in due time. These
should be such as would give them a general view of other history,
and particular view of that of their own country, a tolerable
knowledge of Geography, the elements of Natural Philosophy,
of Agriculture and Mechanics. Should your example lead to
this, it will do great good. Having had more favorable opportunities
than fall to every man's lot of becoming acquainted
with the best books on such subjects as might be selected, I do
not know that I can be otherwise useful to your society than by
offering them any information respecting these which they might
wish. My services in this way are freely at their command, and
I beg leave to tender to yourself my salutations and assurances
of respect.
Monticello, May 27, 1809.
Sir,—I have received, very thankfully, the two copies of
your pamphlet on the constitution of the U. S., and shall certainly
read them with pleasure. I had formerly looked with
great interest to the experiment which was going on in France
of an executive Directory, while that of a single elective executive
was under trial here. I thought the issue of them might
fairly decide the question between the two modes. But the
untimely fate of that establishment cut short the experiment.
I have not, however, been satisfied whether the dissensions of
that Directory (and which I fear are incident to a plurality) were
not the most effective cause of the successful usurpations which
overthrew them. It is certainly one of the most interesting
questions to a republican, and worthy of great consideration. I
thank you for the friendly expressions of your letter towards
myself personally, and the sincere happiness I enjoy here, satisfies
me that nothing personal or self-interested entered into my
motives for continuing in the public service. The actual experiment
proves to me that these were all in favor of returning
to my present situation. I salute you with great esteem and
respect.
Monticello, May 28, 1809.
Sir,—Your favor of March 14th was received in due time.
The apology for so late an acknowledgment of it must be the
multiplied occupations of my new situation after so long an absence
from it. Truth requires me to add, also, that after being
so long chained to the writing table, I go to it with reluctance,
and listen with partiality to every call from any other quarter.
I have not, however, been the less sensible of the kind sentiments
expressed in your letter, nor the less thankful for them.
Indeed I owe infinite acknowledgments to the republican portion
of my fellow citizens for the indulgence with which they have
viewed my proceedings generally. In the transaction of their
affairs I never felt an interested motive. The large share I have
enjoyed, and still enjoy of anti-republican hatred and calumny,
gives me the satisfaction of supposing that I have been some
obstacle to anti-republican designs; and if truth should find its
way into history, the object of these falsehoods and calumnies
will render them honorable to me. With sincere wishes for
your welfare and happiness, I tender you the assurances of my
esteem and respect.
Monticello, May 28, 1809.
Dear Sir,—Your favor of Nov. 14th came to me in due time,
but much oppressed with business then and to the end of my
political term, I put it by as I did the civilities of my other
friends, till the leisure I expected here should permit me to acknowledge
them without the neglect of any public duty. I am
very sensible of the kindness of the sentiments expressed in
your letter, and of the general indulgence with which my republican
friends generally, and those of Pennsylvania particularly,
have received my public proceedings. I hope I may be allowed
to say that they were always directed by a single view to the
best interests of our country. In the electoral election, Pennsylvania
really spoke in a voice of thunder to the monarchists of
our country, and while that State continues so firm, with the
solid mass of republicanism to the South and West, such efforts
as we have lately seen in the anti-republican portion of our
country cannot ultimately affect our security. Our enemies
may try their cajoleries with my successor. They will find him
as immovable in his republican principles as him whom they
have honored with their peculiar enmity. The late pacification
with England gives us a hope of eight years of peaceable and
wise administration, within which time our revenue will be
liberated from debt, and be free to commence that splendid course
of public improvement and wise application of the public contributions,
of which it remains for us to set the first example. I
salute you with real esteem and respect.
Monticello, June 10, 1809.
Dear Sir,—I enclose you a letter from Mr. Smith of Erie,
one of the members of Pennsylvania, which you will readily
perceive ought to have been addressed to you by himself; as it
is official and not personal opinion which can answer his views.
I am however gratified by his mistake in sending it to me, inasmuch
as it gives me an opportunity of abstracting myself from
my rural occupations, and of saluting one with whom I have
been connected in service and in society so many years, and to
whose aid and relief on an important portion of the public
cares, I have been so much indebted. I do it with sincere affection
and gratitude, and look back with peculiar satisfaction
on the harmony and cordial good will which, to ourselves and to
our brethren of the cabinet, so much sweetened our toils. From
the characters now associated in the administration, I have no
doubt of the continuance of the same cordiality so interesting to
themselves and to the public; and great as are the difficulties
and dangers environing our camp, I sleep with perfect composure,
knowing who are watching for us. I pray you to present me
respectfully to Mrs. Smith, and to accept my prayers that you
may long continue in the enjoyment of health and the public esteem
in return for your useful services past and to come.
Monticello, June 13, 1809.
Dear Sir,—I did not know till Mr. Patterson called on us, a
few days ago, that you had passed on to Washington. I had
recently observed in the debates of Congress, a matter introduced,
on which I wished to give explanations more fully in conversation,
which I will now do by abridgement in writing. Mr.
Randolph has proposed an inquiry into certain prosecutions at
common law in Connecticut, for libels on the government, and
not only himself but others have stated them with such affected
caution, and such hints at the same time, as to leave on every
mind the impression that they had been instituted either by my
direction, or with my acquiescence, at least. This has not been
denied by my friends, because probably the fact is unknown to
them. I shall state it for their satisfaction, and leave it to be disposed
of as they think best.
I had observed in a newspaper, (some years ago, I do not recollect
the time exactly,) some dark hints of a prosecution in
Connecticut, but so obscurely hinted that I paid little attention
to it. Some considerable time after, it was again mentioned, so
that I understood that some prosecution was going on in the
federal court there, for calumnies uttered from the pulpit against
me by a clergyman. I immediately wrote to Mr. Granger, who,
I think, was in Connecticut at the time, stating that I had laid
it down as a law to myself, to take no notice of the thousand
calumnies issued against me, but to trust my character to my
own conduct, and the good sense and candor of my fellow citizens;
that I had found no reason to be dissatisfied with that
course, and I was unwilling it should be broke through by others
as to any matter concerning me; and I therefore requested him
to desire the district attorney to dismiss the prosecution. Some
time after this, I heard of subpœnas being served on General
Lee, David M. Randolph, and others, as witnesses to attend the
trial. I then for the first time conjectured the subject of the libel.
I immediately wrote to Mr. Granger, to require an immediate
dismission of the prosecution. The answer of Mr. Huntington,
the district attorney, was, that these subpœnas had been
issued by the defendant without his knowledge, that it had been
his intention to dismiss all the prosecutions at the first meeting
of the court, and to accompany it with an avowal of his opinion,
that they could not be maintained, because the federal court had
no jurisdiction over libels. This was accordingly done. I did
not till then know that there were other prosecutions of the same
nature, nor do I now know what were their subjects. But all
went off together; and I afterwards saw in the hands of Mr.
Granger, a letter written by the clergyman, disavowing any personal
ill will towards me, and solemnly declaring he had never
uttered the words charged. I think Mr. Granger either showed
me, or said there were affidavits of at least half a dozen respectable
men, who were present at the sermon and swore no such expressions
were uttered, and as many equally respectable who
swore the contrary. But the clergyman expressed his gratification
at the dismission of the prosecution. I write all this from
memory, and after too long an interval of time to be certain of
the exactness of all the details; but I am sure there is no variation
material, and Mr. Granger, correcting small lapses of memory,
can confirm every thing substantial. Certain it is, that the
prosecution had been instituted, and had made considerable progress,
without my knowledge, that they were disapproved by me
as soon as known, and directed to be discontinued. The attorney
did it on the same ground on which I had acted myself in
the cases of Duane, Callendar, and others; to wit, that the sedition
law was unconstitutional and null, and that my obligation to
execute what was law, involved that of not suffering rights secured
by valid laws, to be prostrated by what was no law. I always
understood that these prosecutions had been invited, if not
instituted, by Judge Edwards, and the marshal being republican,
had summoned a grand jury partly or wholly republican; but
that Mr. Huntington declared from the beginning against the
jurisdiction of the court, and had determined to enter nolle prosequis
before he received my directions.
I trouble you with another subject. The law making my
letters post free, goes to those to me only, not those from me.
The bill had got to its passage before this was observed (and first
I believe by Mr. Dana), and the House under too much pressure
of business near the close of the session to bring in another bill.
As the privilege of freedom was given to the letters from as well
as to both my predecessors, I suppose no reason exists for making
a distinction. And in so extensive a correspondence as I am
subject to, and still considerably on public matters, it would be a
sensible convenience to myself, as well as those who have occasion
to receive letters from me. It happens too, as I was told at
the time, (for I have never looked into it myself,) that it was
done by two distinct acts on both the former occasions. Mr.
Eppes, I think, mentioned this to me. I know from the Post
Master General, that Mr. Adams franks all his letters. I state
this matter to you as being my representative, which must
apologize for the trouble of it. We have been seasonable since
you left us. Yesterday evening and this morning we have had
refreshing showers, which will close and confirm the business of
planting. Affectionately yours.
Monticello, June 14, 1809.
Dear General,—So entirely are my habits changed from
constant labor at my writing table, to constant active occupation
without door, that it is with difficulty I can resolve to take up
my pen. I must do it, however, as a matter of duty to thank
you for the dumb-fish you have been so kind as to have forwarded,
and which are received safely and are found to be excellent.
I do it with pleasure also, as it gives me an opportunity
of renewing to you the assurances of my esteem, and of the
friendship I shall ever bear you as a faithful fellow-laborer in the
duties of the Cabinet, the value of whose aid there has been always
justly felt and highly estimated by me. I sincerely congratulate
you on the late pacification with England, which while it
gives facility and remuneration to your labors in your new functions,
restores calm in a great degree to the troubles of our country.
Our successors have deserved well of their country in
meeting so readily the first friendly advance ever made to us by
England. I hope it is the harbinger of a return to the exercise
of common sense and common good humor, with a country
with which mutual interests would urge a mutual and affectionate
intercourse. But her conduct hitherto has been towards us so
insulting, so tyrannical and so malicious, as to indicate a contempt
for our opinions or dispositions respecting her. I hope she is now
coming over to a wiser conduct, and becoming sensible how
much better it is to cultivate the good will of the government
itself, than of a faction hostile to it; to obtain its friendship gratis
than to purchase its enmity by nourishing at great expense a
faction to embarrass it, to receive the reward of an honest policy
rather than of a corrupt and vexatious one. I trust she has at
length opened her eyes to federal falsehood and misinformation,
and learnt, in the issue of the presidential election, the folly of
believing them. Such a reconciliation to the government, if real
and permanent, will secure the tranquillity of our country, and render
the management of our affairs easy and delightful to our
successors, for whom I feel as much interest as if I were still in
their place. Certainly all the troubles and difficulties in the
government during our time proceeded from England; at least
all others were trifling in comparison with them.
Some time before I retired from office, I proposed to Mr. Smith
of the War Office, to place your son in the list of some nominations
for the new army. He called on me and stated that
Pickering had prepared materials for an opposition to his appointment,
which he was satisfied would be easily met with proper
information, but without it, might embarrass and endanger the
appointment. We concluded therefore that it was best to put it
off to the ensuing session of Congress, and in the meantime give
you notice of it. He promised to write and explain the delay
to you, and I stated the matter to Mr. Madison, who would attend
to the nomination at the proper time. Perhaps late events
may supersede all further proceeding as to that army.
Be so good as to present my affectionate respects to Mrs.
Dearborne. I hope that her health, as well as your own, may
be improved by a return to native climate; and that you may
both enjoy as many years as you desire of health and prosperity,
is the prayer of yours sincerely and affectionately.
Monticello, June 28, 1809.
Dear Sir,—The interruption of our commerce with England,
produced by our embargo and non-intercourse law, and the
general indignation excited by her barefaced attempts to make
us accessories and tributaries to her usurpations on the high seas,
have generated in this country an universal spirit for manufacturing
for ourselves, and of reducing to a minimum the number of
articles for which we are dependent on her. The advantages,
too, of lessening the occasions of risking our peace on the ocean,
and of planting the consumer in our own soil by the side of the
grower of produce, are so palpable, that no temporary suspension
of injuries on her part, or agreements founded on that, will now
prevent our continuing in what we have begun. The spirit of
manufacture has taken deep root among us, and its foundations
are laid in too great expense to be abandoned. The bearer of
this, Mr. Ronaldson, will be able to inform you of the extent
and perfection of the works produced here by the late state of
things; and to his information, which is greatest as to what is
doing in the cities, I can add my own as to the country, where
the principal articles wanted in every family are now fabricated
within itself. This mass of household manufacture, unseen by
the public eye, and so much greater than what is seen, is such
at present, that let our intercourse with England be opened when
it may, not one half the amount of what we have heretofore
taken from her will ever again be demanded. The great call
from the country has hitherto been of coarse goods. These are
now made in our families, and the advantage is too sensible ever
to be relinquished. It is one of those obvious improvements in
our condition which needed only to be once forced on our attention,
never again to be abandoned.
Among the arts which have made great progress among us is
that of printing. Heretofore we imported our books, and with
them much political principle from England. We now print a
great deal, and shall soon supply ourselves with most of the
books of considerable demand. But the foundation of printing,
you know, is the type-foundry, and a material essential to that is
antimony. Unfortunately that mineral is not among those as yet
found in the United States, and the difficulty and dearness of
getting it from England, will force us to discontinue our type-founderies,
and resort to her again for our books, unless some
new source of supply can be found. The bearer, Mr. Ronaldson,
is of the concern of Binney & Ronaldson, type-founders of
Philadelphia. He goes to France for the purpose of opening
some new source of supply, where we learn that this article is
abundant; the enhancement of the price in England has taught
us the fact, that its exportation thither from France must be
interrupted, either by the war or express prohibition. Our relations,
however, with France, are too unlike hers with England,
to place us under the same interdiction. Regulations for preventing
the transportation of the article to England, under the
cover of supplies to America, may be thought requisite. The
bearer, I am persuaded, will readily give any assurances which
may be required for this object, and the wants of his own type-foundry
here are a sufficient pledge that what he gets is bonâ
fide to supply them. I do not know that there will be any
obstacle to his bringing from France any quantity of antimony
he may have occasion for; but lest there should be, I have taken
the liberty of recommending him to your patronage. I know
your enlightened and liberal views on subjects of this kind, and
the friendly interest you take in whatever concerns our welfare.
I place Mr. Ronaldson, therefore, in your hands, and pray you to
advise him, and patronize the object which carries him to Europe,
and is so interesting to him and to our country. His
knowledge of what is passing among us will be a rich source of
information for you, and especially as to the state and progress
of our manufactures. Your kindness to him will confer an obligation
on me, and will be an additional title to the high and affectionate
esteem and respect of an ancient and sincere friend.
Monticello, July 12, 1809.
Dear Sir,—Your two letters of the 4th and 7th, were received
by the last mail. I now enclose you the rough draught of the
letter to the Emperor of Russia. I think there must be an exact
fac simile of it in the office, from which Mr. Short's must have
been copied; because, that the one now enclosed has never been
out of my hands, appears by there being no fold in the paper
till now, and it is evidently a polygraphical copy. I send, for
your perusal, letters of W. Short, and of Warden; because, though
private, they contain some things and views perhaps not in the
public letters. Bonaparte's successes have been what we expected,
although Warden appears to have supposed the contrary possible.
It is fortunate for Bonaparte, that he has not caught his brother
Emperor; that he has left an ostensible head to the government,
who may sell it to him to secure a mess of pottage for himself.
Had the government devolved on the people, as it did in Spain,
they would resist his conquest as those of Spain do. I expect,
within a week or ten days, to visit Bedford. My absence will
be of about a fortnight. I know too well the pressure of business
which will be on you at Montpelier, to count with certainty
on the pleasure of seeing Mrs. Madison and yourself here; yet
my wishes do not permit me to omit the expression of them. In
any event, I shall certainly intrude a flying visit on you during
your stay in Orange. With my respectful devoirs to Mrs. Madison,
I salute you with constant friendship and respect.
Monticello, July 28, 1809.
Dear Sir,—Your favor of June 19th, did not come to hand
till the 29th, and I have not been able to take it up till now. I
lent to Mr. Burke, my collection of newspapers from 1741 to
1760, and the further matter which I suggested I might be able
to furnish him after my return to Monticello, was the collection
of MS. laws of Virginia, which I expected would furnish some
proper and authentic materials for history, not extant anywhere
else. These I lent the last year to Mr. Hening, who is now in
possession of them and is printing them. But though this was
within Mr. Burke's period, it is entirely anterior to yours. The
collection of newspapers which I lent to Mr. Burke, I have
never been able to recover, nor to learn where they are. They
were all well bound, and of course have not probably been destroyed.
If you can aid me in the recovery, you will oblige me.
I consider their preservation as a duty, because I believe certainly
there does not exist another collection of the same period. I
have examined the sequel of my collection of newspapers, and
find that it has but one paper of 1778. That is one of Piordie's
of the month of May. But my not having them is no evidence
they were not printed; because I was so continually itinerant
during the revolution, that I was rarely in a situation to preserve
the papers I received. And although there were probably occasional
suspensions for want of paper, yet I do not believe there
was a total one at any time. I think, however, you might procure
a file for that or any other year, in Philadelphia or Boston.
These would furnish all the material occurrences of Virginia.
You ask, what has the historian to do with the latter part of
1776, the whole of 1777 and 1778, and a part of 1779? This
is precisely the period which was occupied in the reformation of
the laws to the new organization and principles of our government.
The committee was appointed in the latter part of 1776,
and reported in the spring or summer of 1779. At the first and
only meeting of the whole committee, (of five persons,) the
question was discussed whether we would attempt to reduce the
whole body of the law into a code, the text of which should become
the law of the land? We decided against that, because
every word and phrase in that text would become a new subject
of criticism and litigation, until its sense should have been settled
by numerous decisions, and that, in the meantime, the rights of
property would be in the air. We concluded not to meddle with
the common law, i. e., the law preceding the existence of the
statutes, further than to accommodate it to our new principles
and circumstances; but to take up the whole body of statutes
and Virginia laws, to leave out everything obsolete or improper,
insert what was wanting, and reduce the whole within as moderate
a compass as it would bear, and to the plain language of
common sense, divested of the verbiage, the barbarous tautologies
and redundancies which render the British statutes unintelligible.
From this, however, were excepted the ancient statutes,
particularly those commented on by Lord Coke, the language of
which is simple, and the meaning of every word so well settled
by decisions, as so make it safest not to change words where the
sense was to be retained. After setting our plan, Col. Mason declined
undertaking the execution of any part of it, as not being
sufficiently read in the law. Mr. Lee very soon afterwards died,
and the work was distributed between Mr. Wythe, Mr. Pendleton
and myself. To me was assigned the common law, (so far
as we thought of altering it,) and the statutes down to the Reformation,
or end of the reign of Elizabeth; to Mr. Wythe, the
subsequent body of the statutes, and to Mr. Pendleton the Virginia
laws. This distribution threw into my part the laws concerning
crimes and punishments, the law of descents, and the
laws concerning religion. After completing our work separately,
we met, (Mr. W., Mr. P. and myself,) in Williamsburg, and held
a long session, in which we went over the first and second parts
in the order of time, weighing and correcting every word, and
reducing them to the form in which they were afterwards reported.
When we proceeded to the third part, we found that Mr.
Pendleton had not exactly seized the intentions of the committee,
which were to reform the language of the Virginia laws, and reduce
the matter to a simple style and form. He had copied the
acts verbatim, only omitting what was disapproved; and some
family occurrence calling him indispensably home, he desired
Mr. Wythe and myself to make it what we thought it ought to
be, and authorized us to report him as concurring in the work.
We accordingly divided the work, and re-executed it entirely, so
as to assimilate its plan and execution to the other parts, as well
as the shortness of the time would admit, and we brought the
whole body of British statutes and laws of Virginia into 127 acts,
most of them short. This is the history of that work as to its
execution. Its matter and the nature of the changes made, will
be a proper subject for the consideration of the historian. Experience
has convinced me that the change in the style of the laws
was for the better, and it has sensibly reformed the style of our
laws from that time downwards, insomuch that they have obtained,
in that respect, the approbation of men of consideration on both
sides of the Atlantic. Whether the change in the style and form
of the criminal law, as introduced by Mr. Taylor, was for the better,
is not for me to judge. The digest of that act employed me
longer than I believe all the rest of the work, for it rendered it
necessary for me to go with great care over Bracton, Britton, the
Saxon statutes, and the works of authority on criminal law; and
it gave me great satisfaction to find that in general I had only to
reduce the law to its ancient Saxon condition, stripping it of all
the innovations and rigorisms of subsequent times, to make it
what it should be. The substitution of the penitentiary, instead
of labor on the high road and of some other punishments truly
objectionable, is a just merit to be ascribed to Mr. Taylor's law.
When our report was made, the idea of a penitentiary had never
been suggested, the happy experiment of Pennsylvania we had
not then the benefit of.
To assist in filling up those years of exemption from military
invasion, an inquiry into the exertions of Virginia in the common
cause during that period, would be proper for the patriotic
historian, because her character has been very unjustly impeached
by the writers of other States, as having used no equal exertions
at that time. I know it to be false; because having all that
time been a member of the legislature, I know that our whole
occupation was in straining the resources of the State to the utmost,
to furnish men, money, provisions and other necessaries to
the common cause. The proofs of this will be found in the
journals and acts of the legislature, in executive proceedings
and papers, and in the auditor's accounts. Not that Virginia
furnished her quota of requisitions of either men or money; but
that she was always above par, in what was actually furnished
by the other States. A letter of mine written in 1779 or '80, if
still among the executive papers, will furnish full evidence of
these facts. It was addressed to our delegates in answer to a
formal complaint on the subject, and was founded in unquestionable
vouchers.
The inquiries in your printed letter of August, 1808, would
lead to the writing the history of my whole life, than which
nothing could be more repugnant to my feelings. I have been
connected, as many fellow laborers were, with the great events
which happened to mark the epoch of our lives. But these belong
to no one in particular, all of us did our parts, and no one
can claim the transactions to himself. The most I could do
would be to revise, correct or supply any statements which should
be made respecting public transactions in which I had a part, or
which may have otherwise come within my knowledge.
I have to apologize for the delay of this answer. The active
hours of the day are all devoted to employments without doors,
so that I have rarely an interval, and more rarely the inclination,
to set down to my writing table, the divorce from which is
among the greatest reliefs in my late change of life. Still, I will
always answer with pleasure any particular inquiries you may
wish to address to me, sincerely desiring for the public good as
well as your own personal concern, to contribute to the perfection
of a work from which I hope much to both; and I beg
leave to tender you the assurances of my great esteem and
respect.
Monticello, August 12, 1809.
Sir,—Your favor of July 5th has been duly received, and, in
it, that of my friend Mr. Short. I congratulate you on your safe
arrival in the American hemisphere, after a voyage which must
have been lengthy in time, as it was in space. I hope you may
experience no unfavorable change in your health on so great a
change of climate, and that our fervid sun may be found as innocent
as our cloudless skies must be agreeable. I hail you with
particular pleasure, as the first harbinger of those friendly relations
with your country, so desirable to ours. Both nations being
in character and practice essentially pacific, a common interest in
the rights of peaceable nations, gives us a common cause in their
maintenance; and however your excellent Emperor may have
been led from the ordinary policy of his government, I trust that
the establishment of just principles will be the result, as I am
sure it is the object, of his efforts.
When you shall have had time to accommodate yourself somewhat
to our climate, our manners and mode of living, you will
probably have a curiosity to see something of the country you
have visited, something beyond the confines of our cities. These
exhibit specimens of London only, our country is a different nation.
Should your journeyings lead you into this quarter of it,
I shall be happy to receive you at Monticello, and to renew to
you in person the assurances I now tender of my great respect
and consideration.
Monticello, August 17, 1809.
Dear Sir,
* * * * * * * *
I never doubted the chicanery of the Anglomen on whatsoever
measures you should take in consequence of the disavowal
of Erskine; yet I am satisfied that both the proclamations
have been sound. The first has been sanctioned by universal
approbation; and although it was not literally the case
foreseen by the legislature, yet it was a proper extension of their
provision to a case similar, though not the same. It proved to
the whole world our desire of accommodation, and must have
satisfied every candid federalist on that head. It was not only
proper on the well-grounded confidence that the arrangement
would be honestly executed, but ought to have taken place even
had the perfidy of England been foreseen. Their dirty gain is
richly remunerated to us by our placing them so shamefully in
the wrong, and by the union it must produce among ourselves.
The last proclamation admits of quibbles, of which advantage
will doubtless be endeavored to be taken, by those for whom gain is
their god, and their country nothing. But it is soundly defensible.
The British minister assured us, that the orders of council
would be revoked before the 10th of June. The executive,
trusting in that assurance, declared by proclamation that the
revocation was to take place, and that on that event the law was
to be suspended. But the event did not take place, and the
consequence, of course, could not follow. This view is derived
from the former non-intercourse law only, having never read the
latter one. I had doubted whether Congress must not be called;
but that arose from another doubt, whether their second law had
not changed the ground, so as to require their agency to give
operation to the law. Should Bonaparte have the wisdom to
correct his injustice towards us, I consider war with England as
inevitable. Our ships will go to France and its dependencies,
and they will take them. This will be war on their part, and
leave no alternative but reprisal. I have no doubt you will
think it safe to act on this hypothesis, and with energy. The
moment that open war shall be apprehended from them, we
should take possession of Baton Rouge. If we do not, they will,
and New Orleans becomes irrecoverable, and the western country
blockaded during the war. It would be justifiable towards Spain
on this ground, and equally so on that of title to West Florida,
and reprisal extended to East Florida. Whatever turn our present
difficulty may take, I look upon all cordial conciliation with
England as desperate during the life of the present king. I
hope and doubt not that Erskine will justify himself. My
confidence is founded in a belief of his integrity, and in the
* * * * * of Canning. I consider the present as the
most shameless ministry which ever disgraced England. Copenhagen
will immortalize their infamy. In general, their administrations
are so changeable, and they are obliged to descend to
such tricks to keep themselves in place, that nothing like honor
or morality can ever be counted on in transactions with them. I
salute you with all possible affection.
Monticello, September 3, 1809.
Sir,—Your letter of July 29th came to hand some time since,
but I have not sooner been able to acknowledge it. In answer
to your proposition for publishing a complete edition of my
different writings, I must observe that no writings of mine, other
than those merely official, have been published, except the Notes
on Virginia and a small pamphlet under the title of a Summary
View of the rights of British America. The Notes on Virginia,
I have always intended to revise and enlarge, and have, from
time to time, laid by materials for that purpose. It will be long
yet before other occupations will permit me to digest them, and
observations and inquiries are still to be made, which will be
more correct in proportion to the length of time they are continued.
It is not unlikely that this may be through my life. I
could not, therefore, at present, offer anything new for that work.
The Summary View was not written for publication. It was
a draught I had prepared for a petition to the king, which I
meant to propose in my place as a member of the convention of
1774. Being stopped on the road by sickness, I sent it on to the
Speaker, who laid it on the table for the perusal of the members.
It was thought too strong for the times, and to become the act of
the convention, but was printed by subscription of the members,
with a short preface written by one of them. If it had any
merit, it was that of first taking our true ground, and that which
was afterwards assumed and maintained.
I do not mention the Parliamentary Manual, published for the
use of the Senate of the United States, because it was a mere
compilation, into which nothing entered of my own but the arrangement,
and a few observations necessary to explain that and
some of the cases.
I do not know whether your view extends to official papers of
mine which have been published. Many of these would be like
old newspapers, materials for future historians, but no longer interesting
to the readers of the day. They would consist of reports,
correspondences, messages, answers to addresses; a few of
my reports while Secretary of State, might perhaps be read by
some as essays on abstract subjects. Such as the report on measures,
weights and coins, on the mint, on the fisheries, on commerce,
on the use of distilled sea-water, &c. The correspondences
with the British and French ministers, Hammond and Genet,
were published by Congress. The messages to Congress, which
might have been interesting at the moment, would scarcely be
read a second time, and answers to addresses are hardly read a
first time.
So that on a review of these various materials, I see nothing
encouraging a printer to a re-publication of them. They would
probably be bought by those only who are in the habit of preserving
State papers, and who are not many.
I say nothing of numerous draughts of reports, resolutions, declarations,
&c., drawn as a Member of Congress or of the Legislature
of Virginia, such as the Declaration of Independence, Report
on the Money Mint of the United States, the act of religious
freedom, &c., &c.; these having become the acts of public bodies,
there can be no personal claim to them, and they would no more
find readers now, than the journals and statute books in which
they are deposited.
I have presented this general view of the subjects which might
have been within the scope of your contemplation, that they
might be correctly estimated before any final decision. They
belong mostly to a class of papers not calculated for popular reading,
and not likely to offer profit, or even indemnification to the
re-publisher. Submitting it to your consideration, I tender you
my salutations and respects.
Monticello, September 10, 1809.
Dear General,—Your favor of June 2d came duly to hand
in July, and brought me a repetition of the proofs of your kindness
to me. Mr. Fitzhugh delivered the skin of the sheep of the
Rocky Mountains to the President, from whom I expect to receive
it in a few days at his own house. For this, as well as the blanket
of Indian manufacture of the same material, which you are so kind
as to offer me, accept my friendly thanks. Your donations, and
Governor Lewis', have given to my collection of Indian curiosities
an importance much beyond what I had ever counted on.
The three boxes of bones which you had been so kind as to send
to New Orleans for me, as mentioned in your letter of June 2d
arrived there safely, and were carefully shipped by the collector,
and the bill of lading sent to me. But the vessel put into the
Havana, under embargo distress, was there condemned as unseaworthy,
and her enrollment surrendered at St. Mary's. What
was done with my three boxes I have not learned, but have
written to Mr. Brown, the collector, to have inquiry made after
them. The bones of this animal are now in such a state of evanescence
as to render it important to save what we can of them.
Of those you had formerly sent me, I reserved a very few for
myself; I got Dr. Wistar to select from the rest every piece
which could be interesting to the Philosophical Society, and sent
the residue to the National Institute of France. These have enabled
them to decide that the animal was neither a mammoth nor
an elephant, but of a distinct kind, to which they have given the
name of Mastodont, from the protuberance of its teeth. These,
from their forms, and the immense mass of their jaws, satisfy me
this animal must have been arbonverous. Nature seems not to
have provided other food sufficient for him, and the limb of a tree
would be no more to him than a bough of a cotton tree to a horse.
You mention in your letter that you are proceeding with your
family to Fort Massac. This informs me that you have a family,
and I sincerely congratulate you on it, while some may think
it will render you less active in the service of the world, those
who take a sincere interest in your personal happiness, and who
know that, by a law of our nature, we cannot be happy without
the endearing connections of a family, will rejoice for your sake
as I do. The world has, of right, no further claims on yourself
and General Lewis, but such as you may voluntarily render according
to your convenience, or as they may make it your interest.
I wrote lately to the Governor, but be so good as to repeat
my affectionate attachments to him, and to be assured of the
same to yourself, with every sentiment of esteem and respect.
Monticello, September 12, 1809.
Dear Sir,— * * * * *
Canning's equivocations degrade his government as well as
himself. I despair of accommodation with them, because I believe
they are weak enough to intend seriously to claim the ocean
as their conquest, and think to amuse us with embassies and negotiations,
until the claim shall have been strengthened by time
and exercise, and the moment arrive when they may boldly avow
what hitherto they have only squinted at. Always yours, with
sincere affection.
Monticello, September 21, 1809.
Dear Sir,—I received last night your favor of the 14th, and
would with all possible pleasure have communicated to you any
part or the whole of the Indian vocabularies which I had collected,
but an irreparable misfortune has deprived me of them. I
have now been thirty years availing myself of every possible
opportunity of procuring Indian vocabularies to the same set of
words; my opportunities were probably better than will ever
occur again to any person having the same desire. I had collected
about fifty, and had digested most of them in collateral
columns, and meant to have printed them the last of my stay in
Washington. But not having yet digested Captain Lewis' collection,
nor having leisure then to do it, I put it off till I should
return home. The whole, as well digest as originals, were
packed in a trunk of stationery, and sent round by water with
about thirty other packages of my effects from Washington, and
while ascending James river, this package on account of its
weight and presumed precious contents, was singled out and
stolen. The thief being disappointed on opening it, threw into
the river all its contents, of which he thought he could make no
use. Among them were the whole of the vocabularies. Some
leaves floated ashore and were found in the mud; but these were
very few, and so defaced by the mud and water that no general
use can be made of them. On the receipt of your letter I turned
to them, and was very happy to find, that the only morsel of an
original vocabulary among them, was Captain Lewis' of the
Pani language, of which you say you have not one word. I
therefore enclose it to you as it is, and a little fragment of some
other, which I see is in his hand writing, but no indication remains
on it of what language it is. It is a specimen of the condition
of the little which was recovered. I am the more concerned
at this accident, as of the two hundred and fifty words
of my vocabularies, and the one hundred and thirty words of
the great Russian vocabularies of the languages of the other
quarters of the globe, seventy-three were common to both, and
would have furnished materials for a comparison from which
something might have resulted. Although I believe no general
use can ever be made of the wrecks of my loss, yet I will ask
the return of the Pani vocabulary when you are done with it.
Perhaps I may make another attempt to collect, although I am
too old to expect to make much progress in it.
I learn with pleasure your acquisition of the pamphlet on the
astronomy of the ancient Mexicans. If it be ancient and genuine,
or modern and rational, it will be of real value. It is one
of the most interesting countries of our hemisphere, and merits
every attention.
I am thankful for your kind offer of sending the original
Spanish for my perusal. But I think it a pity to trust it to the
accidents of the post, and whenever you publish the translation,
I shall be satisfied to read that which shall be given by your
translator, who is, I am sure, a greater adept in the language than
I am.
Accept the assurances of my great esteem and respect.
Monticello, September 27, 1809.
Sir,—Your favor of June 5th came to hand in due time, and
I have to acknowledge my gratification at the friendly sentiments
it breathes towards myself. We have been thrown into times of
a peculiar character, and to work our way through them has required
services and sacrifices from our countrymen generally, and
to their great honor, these have been generally exhibited, by
every one in his sphere, and according to the opportunities afforded.
With them I have been a fellow laborer, endeavoring to
do faithfully the part alloted to me, as they did theirs; and it is
a subject of mutual congratulation that, in a state of things such
as the world had never before seen, we have gotten on so far
well; and my confidence in our present high functionaries, as
well as in my countrymen generally, leaves me without much
fear for the future.
I thank you for the pamphlet you was so kind as to send me.
At an earlier period of life I pursued inquiries of that kind with
industry and care. Reading, reflection and time have convinced
me that the interests of society require the observation of those
moral precepts only in which all religions agree, (for all forbid us
to murder, steal, plunder, or bear false witness,) and that we
should not intermeddle with the particular dogmas in which all
religions differ, and which are totally unconnected with morality.
In all of them we see good men, and as many in one as another.
The varieties in the structure and action of the human mind as
in those of the body, are the work of our Creator, against which
it cannot be a religious duty to erect the standard of uniformity.
The practice of morality being necessary for the well-being of
society, he has taken care to impress its precepts so indelibly on
our hearts that they shall not be effaced by the subtleties of our
brain. We all agree in the obligation of the moral precepts of
Jesus, and nowhere will they be found delivered in greater
purity than in his discourses. It is, then, a matter of principle
with me to avoid disturbing the tranquillity of others by the expression
of any opinion on the innocent questions on which we
schismatize. On the subject of your pamphlet, and the mode of
treating it, I permit myself only to observe the candor, moderation
and ingenuity with which you appear to have sought truth.
This is of good example, and worthy of commendation. If all
the writers and preachers on religious questions had been of the
same temper, the history of the world would have been of much
more pleasing aspect.
I thank you for the kindness towards myself which breathes
through your letter. The first of all our consolations is that of
having faithfully fulfilled our duties; the next, the approbation
and good will of those who have witnessed it; and I pray you
to accept my best wishes for your happiness and the assurances
of my respect.
Monticello, September 30, 1809.
Gentlemen,—The very friendly sentiments which my republican
fellow citizens of the city and county of New York
have been pleased to express through yourselves as their organ,
are highly grateful to me, and command my sincere thanks; and
their approbation of the measures pursued, while I was entrusted
with the administration of their affairs, strengthens my hope that
they were favorable to the public prosperity. For any errors
which may have been committed, the indulgent will find some
apology in the difficulties resulting from the extraordinary state
of human affairs, and the astonishing spectacles these have presented.
A world in arms and trampling on all those moral principles
which have heretofore been deemed sacred in the intercourse
between nations, could not suffer us to remain insensible of all
agitation. During such a course of lawless violence, it was certainly
wise to withdraw ourselves from all intercourse with the
belligerent nations, to avoid the desolating calamities inseparable
from war, its pernicious effects on manners and morals, and the
dangers it threatens to free governments; and to cultivate our
own resources until our natural and progressive growth should
leave us nothing to fear from foreign enterprise. That the benefits
derived from these measures were lessened by an opposition
of the most ominous character, and that a continuance of injury
was encouraged by the appearance of domestic weakness which
that presented, will doubtless be a subject of deep and durable
regret to such of our well-intentioned citizens as participated in
it, under mistaken confidence in men who had other views than
the good of their own country. Should foreign nations, however,
deceived by this appearance of division and weakness, render
it necessary to vindicate by arms the injuries to our country,
I believe, with you, that the spirit of the revolution is unextinguished,
and that the cultivators of peace will again, as on that
occasion, be transformed at once into a nation of warriors, who
will leave us nothing to fear for the natural and national rights
of our country.
Your approbation of the reasons which induced me to retire
from the honorable station in which my fellow citizens had
placed me, is a proof of your devotion to the true principles of our
constitution. These are wisely opposed to all perpetuations of
power, and to every practice which may lead to hereditary establishments;
and certain I am that any services which I could
have rendered will be more than supplied by the wisdom and
virtues of my successor.
I am very thankful for the kind wishes you express for my
personal happiness. It will always be intimately connected
with the prosperity of our country, of which I sincerely pray
that my fellow citizens of the city and county of New York
may have their full participation.
Monticello, October 4, 1809.
Dear Sir,—Your favor of August the 26th came to hand in
the succeeding month, and I have now to thank you for the
pamphlet it contained. I have read it with pleasure, and find
the constitution proposed would probably be as free as is consistent
with hereditary institutions. It has one feature which I
like much; that which provides that when the three co-ordinate
branches differ in their construction of the constitution, the opinion
of two branches shall overrule the third. Our constitution has
not sufficiently solved this difficulty.
Among the multitude of characters with which public office
leads us to official intercourse, we cannot fail to observe many,
whose personal worth marks them as objects of particular esteem,
whom we would wish to select for our society in private
life. I avail myself gladly of the present occasion of assuring
you that I was peculiarly impressed with your merit and talents,
and that I have ever entertained for them a particular respect.
To those whose views are single and direct, it is a great comfort
to have to do business with frank and honorable minds.
And here give me leave to make an avowal, for which, in my
present retirement, there can be no motive but a regard for truth.
Your predecessor, soured on a question of etiquette against the
administration of this country, wished to impute wrong to them
in all their actions, even where he did not believe it himself. In
this spirit, he wished it to be believed that we were in unjustifiable
co-operation in Miranda's expedition. I solemnly, and on
my personal truth and honor, declare to you, that this was entirely
without foundation, and that there was neither co-operation,
nor connivance on our part. He informed us he was about
to attempt the liberation of his native country from bondage, and
intimated a hope of our aid, or connivance at least. He was at
once informed, that although we had great cause of complaint
against Spain, and even of war, yet whenever we should think
proper to act as her enemy, it should be openly and above board,
and that our hostility should never be exercised by such petty
means. We had no suspicion that he expected to engage men
here, but merely to purchase military stores. Against this there
was no law, nor consequently any authority for us to interpose
obstacles. On the other hand, we deemed it improper to betray
his voluntary communication to the agents of Spain. Although
his measures were many days in preparation at New York, we
never had the least intimation or suspicion of his engaging men
in his enterprise, until he was gone; and I presume the secrecy
of his proceeding kept them equally unknown to the Marquis
Yrujo at Philadelphia, and the Spanish consul at New York,
since neither of them gave us any information of the enlistment
of men, until it was too late for any measures taken at Washington
to prevent their departure. The officer in the Customs, who
participated in this transaction with Miranda, we immediately removed,
and should have had him and others further punished,
had it not been for the protection given them by private citizens
at New York, in opposition to the government, who, by their
impudent falsehoods and calumnies, were able to overbear the
minds of the jurors. Be assured, Sir, that no motive could induce
me, at this time, to make this declaration so gratuitously,
were it not founded in sacred truth; and I will add further, that
I never did, or countenanced, in public life, a single act inconsistent
with the strictest good faith; having never believed there
was one code of morality for a public, and another for a private man.
I receive, with great pleasure, the testimonies of personal esteem
which breathes through your letter; and I pray you to accept
those equally sincere with which I now salute you.
Monticello, October 8, 1809.
Dear Sir,—It is long since I ought to have acknowledged
the receipt of your most excellent oration on the 4th of July. I
was doubting what you could say, equal to your own reputation,
on so hackneyed a subject; but you have really risen out of it
with lustre, and pointed to others a field of great expansion. A
day or two after I received your letter to Bishop Gregoire, a copy
of his diatribe to you came to hand from France. I had not before
heard of it. He must have been eagle-eyed in quest of
offence, to have discovered ground for it among the rubbish
massed together in the print he animadverts on. You have done
right in giving him a sugary answer. But he did not deserve it.
For, notwithstanding a compliment to you now and then, he
constantly returns to the identification of your sentiments with
the extravagances of the Revolutionary zealots. I believe him
a very good man, with imagination enough to declaim eloquently,
but without judgment to decide. He wrote to me also on the
doubts I had expressed five or six and twenty years ago, in the
Notes of Virginia, as to the grade of understanding of the negroes,
and he sent me his book on the literature of the negroes.
His credulity has made him gather up every story he could find
of men of color, (without distinguishing whether black, or of
what degree of mixture,) however slight the mention, or light
the authority on which they are quoted. The whole do no
amount, in point of evidence, to what we know ourselves of Banneker.
We know he had spherical trigonometry enough to make
almanacs, but not without the suspicion of aid from Ellicot, who
was his neighbor and friend, and never missed an opportunity
of puffing him. I have a long letter from Banneker, which
shows him to have had a mind of very common stature indeed.
As to Bishop Gregoire, I wrote him, as you have done, a very
soft answer. It was impossible for doubt to have been more tenderly
or hesitatingly expressed than that was in the Notes of
Virginia, and nothing was or is farther from my intentions, than to
enlist myself as the champion of a fixed opinion, where I have
only expressed a doubt. St. Domingo will, in time, throw light
on the question.
I intended, ere this, to have sent you the papers I had promised
you. But I have taken up Marshall's fifth volume, and mean to
read it carefully, to correct what is wrong in it, and commit to
writing such facts and annotations as the reading of that work
will bring into my recollection, and which has not yet been put
on paper; in this I shall be much aided by my memorandums
and letters, and will send you both the old and the new. But I
go on very slowly. In truth, during the pleasant season, I am
always out of doors, employed, not passing more time at my writing
table than will despatch my current business. But when the
weather becomes cold, I shall go out but little. I hope, therefore,
to get through this volume during the ensuing winter; but
should you want the papers sooner, they shall be sent at a moment's
warning. The ride from Washington to Monticello in the
stage, or in a gig, is so easy that I had hoped you would have
taken a flight here during the season of good roads. Whenever
Mrs. Barlow is well enough to join you in such a visit, it must
be taken more at ease. It will give us real pleasure whenever it
may take place. I pray you to present me to her respectfully,
and I salute you affectionately.
Monticello, October 11, 1809.
Dear Sir,—I do not know whether the request of Monsieur
Moussier, explained in the enclosed letter, is grantable or not.
But my partialities in favor of whatever may promote either the
useful or liberal arts, induce me to place it under your consideration,
to do in it whatever is right, neither more nor less. I would
then ask you to favor me with three lines, in such form as I may
forward him by way of answer.
I have reflected much and painfully on the change of dispositions
which has taken place among the members of the cabinet,
since the new arrangement, as you stated to me in the moment
of our separation. It would be, indeed, a great public calamity
were it to fix you in the purpose which you seemed to think
possible. I consider the fortunes of our republic as depending,
in an eminent degree, on the extinguishment of the public debt
before we engage in any war: because, that done, we shall have
revenue enough to improve our country in peace and defend it in
war, without recurring either to new taxes or loans. But if the
debt should once more be swelled to a formidable size, its entire
discharge will be despaired of, and we shall be committed to the
English career of debt, corruption and rottenness, closing with
revolution. The discharge of the debt, therefore, is vital to the
destinies of our government, and it hangs on Mr. Madison and
yourself alone. We shall never see another President and Secretary
of the Treasury making all other objects subordinate to this.
Were either of you to be lost to the public, that great hope is
lost. I had always cherished the idea that you would fix on that
object the measure of your fame, and of the gratitude which our
country will owe you. Nor can I yield up this prospect to the
secondary considerations which assail your tranquillity. For sure
I am, they never can produce any other serious effect. Your
value is too justly estimated by our fellow citizens at large, as
well as their functionaries, to admit any remissness in their support
of you. My opinion always was, that none of us ever occupied
stronger ground in the esteem of Congress than yourself,
and I am satisfied there is no one who does not feel your aid to
be still as important for the future as it has been for the past.
You have nothing, therefore, to apprehend in the dispositions of
Congress, and still less of the President, who, above all men, is
the most interested and affectionately disposed to support you. I
hope, then, you will abandon entirely the idea you expressed to
me, and that you will consider the eight years to come as essential
to your political career. I should certainly consider any
earlier day of your retirement, as the most inauspicious day our
new government has ever seen. In addition to the common interest
in this question, I feel particularly for myself the considerations
of gratitude which I personally owe you for your valuable
aid during my administration of public affairs, a just sense of the
large portion of the public approbation which was earned by
your labors and belongs to you, and the sincere friendship and
attachment which grew out of our joint exertions to promote the
common good; and of which I pray you now to accept the most
cordial and respectful assurances.
Monticello, November 4, 1809.
Thomas Jefferson presents his respectful compliments to his
Excellency the Chevalier de Onis, and congratulates him on his
safe arrival in the United States, and at a season so propitious
for the preservation of health against the effects of a sensible
and sudden change of climate. He hopes that his residence
here will be made agreeable to him, and that it will be useful in
cementing the friendship and intercourse of the two nations, so
advantageous to both. He would have been happy to have paid
his respects to the Chevalier de Onis in person, and to have had
the honor of forming his acquaintance; but the distance and
bad roads deny him that pleasure. He learns with great satisfaction
that his venerable and worthy friend, Mr. Yznardi, continues
in life and health, and takes this occasion of bearing testimony
to his loyal and honorable conduct while in the United
States. He salutes the Chevalier de Onis with assurances of
his high respect and consideration.
Monticello, November 23, 1809.
Sir,—An American vessel, the property of a respectable merchant
of Georgetown, on a voyage to some part of Europe for
general purposes of commerce, proposes to touch at some part
of Spain with the view of obtaining Merino sheep to be brought
to our country. The necessity we are under, and the determination
we have formed of emancipating ourselves from a dependence
on foreign countries for manufactures which may be advantageously
established among ourselves, has produced a very
general desire to improve the quality of our wool by the introduction
of the Merino race of sheep. Your sense of the duties
you owe to your station will not permit me to ask, nor yourself
to do any act which might compromit you with the government
with which you reside, or forfeit that confidence on their
part which can alone enable you to be useful to your country.
But as far as that will permit you to give aid to the procuring
and bringing away some of the valuable race, I take the liberty
of soliciting you to do so—it will be an important service rendered
to your country: to which you will be further encouraged
by the assurance that the enterprise is solely on the behalf of
agricultural gentlemen of distinguished character in Washington
and its neighborhood, with a view of disseminating the benefits
of their success as widely as they can. Without any interest in
it myself, other than the general one, I cannot help wishing a
favorable result, and therefore add my solicitations to the assurances
of my constant esteem and respect.
Monticello, November 26, 1809.
Dear Sir,—Your letter of the 6th was received from our
post office on the 24th, after my return from Bedford. I now
re-enclose the letters of Mr. Short and Romanzoff, and with
them a letter from Armstrong, for your perusal, as there may
be some matters in it not otherwise communicated. The infatuation
of the British government and nation is beyond every
thing imaginable. A thousand circumstances announce that
they are on the point of being blown up, and they still proceed
with the same madness and increased wickedness. With respect
to Jackson I hear but one sentiment, except that some think he
should have been sent off. The more moderate step was certainly
more advisable. There seems to be a perfect acquiescence
in the opinion of the Government respecting Onis. The public
interest certainly made his rejection expedient, and as that is a
motive which it is not pleasant always to avow, I think it fortunate
that the contending claims of Charles and Ferdinand furnished
such plausible embarrassment to the question of right;
for, on our principles, I presume, the right of the Junta to send
a Minister could not be denied. La Fayette, in a letter to me
expresses great anxiety to receive his formal titles to the lands
in Louisiana. Indeed, I know not why the proper officers have
not sooner sent on the papers on which the grants might issue.
It will be in your power to forward the grants or copies of them
by some safe conveyance, as La Fayette says that no negotiation
can be effected without them.
I enclose you a letter from Major Neely, Chickasaw agent,
stating that he is in possession of two trunks of the unfortunate
Governor Lewis, containing public vouchers, the manuscripts of
his western journey, and probably some private papers. As he
desired they should be sent to the President, as the public vouchers
render it interesting to the public that they should be safely
received, and they would probably come most safely if addressed
to you, would it not be advisable that Major Neely should receive
an order on your part to forward them to Washington addressed
to you, by the Stage, and if possible under the care of
some person coming on? When at Washington I presume the
papers may be opened and distributed; that is to say, the vouchers
to the proper offices where they are cognizable; the manuscript
voyage, &c., to General Clarke, who is interested in it, and
is believed to be now on his way to Washington; and his private
papers, if any, to his administrator—who is John Marks, his
half brother. It is impossible you should have time to examine
and distribute them; but if Mr. Coles could find time to do it,
the family would have entire confidence in his distribution.
The other two trunks, which are in the care of Capt. Russel at
the Chickasaw bluffs, and which Pernier (Gov. Lewis' servant)
says contain his private property, I write to Capt. Russel, at the
request of Mr. Marks, to forward to Mr. Brown at New Orleans,
to be sent on to Richmond under my address. Pernier says that
Gov. Lewis owes him $240 for his wages. He has received
money from Neely to bring him on here, and I furnish him to
Washington, where he will arrive penniless, and will ask for
some money to be placed to the Governor's account. He rides
a horse of the Governor's, which, with the approbation of the
administration, I tell him to dispose of and give credit for the
amount in his account against the Governor. He is the bearer
of this letter, and of my assurances of constant and affectionate
esteem.
Monticello, November 30, 1809.
Dear Sir,—I received last night yours of the 27th, and rode
this morning to Col. Monroe's. I found him preparing to set out
to-morrow morning for London, from whence he will not return
till Christmas. I had an hour or two's frank conversation with
him. The catastrophe of poor Lewis served to lead us to the
point intended. I reminded him that in the letter I wrote to him
while in Europe, proposing the Government of Orleans, I also
suggested that of Louisiana, if fears for health should be opposed
to the other. I said something on the importance of the post,
its advantages, &c.—expressed my regret at the curtain which
seemed to be drawn between him and his best friends, and my
wish to see his talents and integrity engaged in the service of
his country again, and that his going into any post would be a
signal of reconciliation, on which the body of republicans, who
lamented his absence from the public service, would again rally
to him. These are the general heads of what I said to him in
the course of our conversation. The sum of his answers was,
that to accept of that office was incompatible with the respect he
owed himself; that he never would act in any office where he
should be subordinate to any body but the President himself, or
which did not place his responsibility substantially with the President
and the nation; that at your accession to the chair, he
would have accepted a place in the cabinet, and would have exerted
his endeavors most faithfully in support of your fame and
measures; that he is not unready to serve the public, and especially
in the case of any difficult crisis in our affairs; that he is
satisfied that such is the deadly hatred of both France and England,
and such their self reproach and dread at the spectacle of
such a government as ours, that they will spare nothing to destroy
it; that nothing but a firm union among the whole body of republicans
can save it, and therefore that no schism should be indulged
on any ground; that in his present situation, he is sincere
in his anxieties for the success of the administration, and in his
support of it as far as the limited sphere of his action or influence
extends; that his influence to this end had been used with
those with whom the world had ascribed to him an interest he
did not possess, until, whatever it was, it was lost, (he particularly
named J. Randolph, who, he said, had plans of his own, on
which he took no advice;) and that he was now pursuing what
he believed his properest occupation, devoting his whole time
and faculties to the liberation of his pecuniary embarrassments,
which, three years of close attention, he hoped, would effect. In
order to know more exactly what were the kinds of employ he
would accept, I adverted to the information of the papers, which
came yesterday, that Gen. Hampton was dead, but observed that
the military life in our present state, offered nothing which could
operate on the principle of patriotism; he said he would sooner
be shot than take a command under Wilkinson. In this sketch,
I have given truly the substance of his ideas, but not always his
own words. On the whole, I conclude he would accept a place
in the cabinet, or a military command dependent on the Executive
alone, and I rather suppose a diplomatic mission, because it
would fall within the scope of his views, and not because he said
so, for no allusion was made to anything of that kind in our conversation.
Everything from him breathed the purest patriotism,
involving, however, a close attention to his own honor and grade.
He expressed himself with the utmost devotion to the interests
of our own country, and I am satisfied he will pursue them with
honor and zeal in any character in which he shall be willing to
act.
I have thus gone far beyond the single view of your letter,
that you may, under any circumstances, form a just estimate of
what he would be disposed to do. God bless you, and carry you
safely through all your difficulties.
Monticello, December 3, 1809.
Sir,—I received, within a few days past, your favor of February
29th, (for September, I presume,) in either case it has been
long on the way. It covered the two pieces of poetry it referred
to. Of all the charges brought against me by my political adversaries,
that of possessing some science has probably done them
the least credit. Our countrymen are too enlightened themselves,
to believe that ignorance is the best qualification for their service.
If Mr. M. solicits a seat in Congress, I am sure he will be more
just to himself, and more respectful to his electors, than to claim
it on this ground.
Without pretending to all the merits so kindly ascribed by the
more friendly and poetical answer, I feel the right of claiming
that of integrity of motives. Whether the principles of the majority
of our fellow citizens, or of the little minority still opposing
them, be most friendly to the rights of man, posterity will
judge; and to that arbiter I submit my own conduct with cheerfulness.
It has been a great happiness to me, to have received
the approbation of so great a portion of my fellow citizens, and
particularly of those who have opportunities of inquiring, reading
and deciding for themselves. It is on this view that I owe
you especial acknowledgments, which I pray you to accept with
the assurances of my respect.
Monticello, December 7, 1809.
Dear Sir,—The enclosed letter is from Father Richard, the
Director of a school at Detroit, being on a subject in which the
departments both of the Treasury and War are concerned, I
take the liberty of enclosing it to yourself as the centre which
may unite these two agencies. The transactions which it alludes
to took place in the months of December and January
preceding my retirement from office, and as I think it possible
they may not have been fully placed on the records of the War
office, because they were conducted verbally for the most part,
I will give a general statement of them as well as my recollection
will enable me. In the neighborhood of Detroit (two or
three miles from the town) is a farm, formerly the property of
one Earnest, a bankrupt Collector. It is now in the possession
of the Treasury department, as a pledge for a sum in which he
is in default to the government, much beyond the value of the
farm. As it is a good one, has proper buildings, and in a proper
position for the purpose contemplated, General Dearborne proposed
to purchase it for the War department at its real value.
Mr. Gallatin thought he should ask the sum for which it was
hypothecated. I do not remember the last idea in which we all
concurred; but I believe it was that, as the Treasury must, in the
end, sell it for what it could get, the War department would
become a bidder as far as its real value, and in the meantime
would rent it. On this farm we proposed to assemble the following
establishments: 1st. Father Richards' school. He teaches
the children of the inhabitants of Detroit—but the part of the
school within our view was that of the young Indian girls instructed
by two French females, natives of the place, who devote
their whole time and their own property, which was not inconsiderable,
to the care and instruction of Indian girls in carding,
spinning, weaving, sewing, and the other household arts suited
to the condition of the poor, and as practiced by the white women
of that condition. Reading and writing were an incidental
part of their education. We proposed that the War department
should furnish the farm and the houses for the use of the school
gratis, and add $400 a year to the funds, and that the benefits
of the Institution should be extended to the boys also of the
neighboring tribes, who were to be lodged, fed, and instructed
there.
2d. To establish there the farmer at present employed by the
United States, to instruct those Indians in the use of the plough
and other implements and practices of agriculture, and in the
general management of the farm. This man was to labor the
farm himself, and to have the aid of the boys through a principal
portion of the day, by which they would contract habits of
industry, learn the business of farming, and provide subsistence
for the whole Institution. Reading and writing were to be a
secondary object.
3d. To remove thither the carpenter and smith at present employed
by the United States among the same Indians; with whom
such of the boys as had a turn for it should work and learn their
trades.
This establishment was recommended by the further circumstance
that whenever the Indians come to Detroit on trade or
other business, they encamp on or about this farm. This would
give them opportunities of seeing their sons and daughters, and
their advancement in the useful arts—of seeing and learning
from example all the operations and process of a farm, and of
always carrying home themselves some additional knowledge of
these things. It was thought more important to extend the civilized
arts, and to introduce a separation of property among the
Indians of the country around Detroit than elsewhere, because
learning to set a high value on their property, and losing by degrees
all other dependence for subsistence, they would deprecate
war with us as bringing certain destruction on their property, and
would become a barrier for that distant and isolated post against
the Indians beyond them. There are beyond them some strong
tribes, as the Sacs, Foxes, &c., with whom we have as yet had
little connection, and slender opportunities of extending to them
our benefits and influence. They are therefore ready instruments
to be brought into operation on us by a powerful neighbor,
which still cultivates its influence over them by nourishing
the savage habits which waste them, rather than by encouraging
the civilized arts which would soften, conciliate and preserve
them. The whole additional expense to the United States was
to be the price of the farm, and an increase of $400 in the annual
expenditures for these tribes.
This is the sum of my recollections. I cannot answer for
their exactitude in all details, but General Dearborne could supply
and correct the particulars of my statement. Mr. Gallatin,
too was so often in consultation on the subject, that he must have
been informed of the whole plan; and his memory is so much
better than mine, that he will be able to make my statement
what it should be. Add to this that I think I generally informed
yourself of our policy and proceedings in the case, as we went
along; and, if I am not mistaken, it was one of the articles of a
memorandum I left with you of things still in fieri, and which
would merit your attention. I have thought it necessary to put
you in possession of these facts, that you might understand the
grounds of Father Richards' application, and be enabled to judge
for yourself of the expediency of pursuing the plan, or of the
means of withdrawing from it with justice to the individuals employed
in its execution. How far we are committed with the
Indians themselves in this business will be seen in a speech of
mine to them, of January 31st, filed in the War office, and perhaps
something more may have passed to them from the Secretary
of War. Always affectionately yours.
Monticello, December 11, 1809.
Sir,—Your favor of November 10th did not come to hand till
the 29th of that month. The subject you have chosen for the
next anniversary discourse of the Linnean Society, is certainly a
very interesting and also a difficult one. The change which has
taken place in our climate, is one of those facts which all men
of years are sensible of, and yet none can prove by regular evidence,
they can only appeal to each other's general observation
for the fact. I remember that when I was a small boy, (say 60
years ago,) snows were frequent and deep in every winter—to
my knee very often, to my waist sometimes—and that they covered
the earth long. And I remember while yet young, to have
heard from very old men, that in their youth, the winters had
been still colder, with deeper and longer snows. In the year
1772, (37 years ago,) we had a snow two feet deep in the champain
parts of this State, and three feet in the counties next below
the mountains. That year is still marked in conversation by the
designation of "the year of the deep snow." But I know of no
regular diaries of the weather very far back. In latter times,
they might perhaps be found. While I lived at Washington, I
kept a diary, and by recurring to that, I observe that from the
winter of 1802-3, to that of 1808-9, inclusive, the average fall
of snow of the seven winters was only fourteen and a half inches,
and that the ground was covered but sixteen days in each winter
on an average of the whole. The maximum in any one winter,
during that period, was twenty-one inches fall, and thirty-four
days on the ground. The change in our climate is very shortly
noticed in the Notes on Virginia, because I had few facts to state
but from my own recollections, then only of thirty or thirty-five
years. Since that my whole time has been so completely occupied
in public vocations, that I have been able to pay but little
attention to this subject, and if I have heard any facts respecting
it, I made no note of them, and they have escaped my memory.
Thus, sir, with every disposition to furnish you with any information
in my possession, I can only express my regrets at the entire
want of them. Nor do I know of any source in this State,
now existing, from which anything on the subject can be derived.
Williams, in his History of Vermont, has an essay on
the change of climate in Europe, Asia and Africa, and has very
ingeniously laid history under contribution for materials. Doctor
Williamson has written on the change of our climate, in one of
the early volumes of our philosophical transactions. Both of
these are doubtless known to you.
Wishing it had been in my power to have been more useful to
you, I pray you to accept the assurances of my esteem and respect.
Monticello, December 16, 1809.
Dear Sir,—I now enclose you the agricultural catalogue. I
do not know whether I have made it more or less comprehensive
than you wished; but in either case, you can make it what it
should be by reduction or addition—there are probably other
good books with which I am unacquainted. I do not possess the
Geoponica, nor Rozier's Dictionary. All the others I have, and
set them down on my own knowledge, except Young's Experimental
Agriculture, which I have not, but had the benefit of reading
your copy. I am sorry to address this catalogue to Warren,
instead of Washington. Never was there a moment when it
was so necessary to unite all the wisdom of the nation in its
councils. Our affairs are certainly now at their ultimate point
of crisis. I understand the Eastern Republicans will agree to
nothing which shall render not-intercourse effectual, and that in
any question of that kind, the Federalists will have a majority.
There remains, then, only war or submission, and if we adopt
the former, they will desert us. Under these difficulties you
ought not to have left us. A temporary malady was not a just
ground for permanent withdrawing, and you are too young to be
entitled as yet to decline public duties. I think there never was
a time when your presence in Congress was more desirable.
However, the die is cast, and we have only to regret what we
cannot repair. You must indulge me a little in scolding on this
subject, and the rather as it is the effect of my great esteem and
respect.
Monticello, January 15, 1810.
Sir,—Your favor of December 12th has been duly received,
as was also that of September 28th. With the blank subscription
paper for the academy of Frederic county, enclosed in your
letter of September, nothing has been done. I go rarely from
home, and therefore have little opportunity of soliciting subscriptions.
Nor could I do it in the present case in conformity with
my own judgment of what is best for institutions of this kind.
We are all doubtless bound to contribute a certain portion of our
income to the support of charitable and other useful public institutions.
But it is a part of our duty also to apply our contributions
in the most effectual way we can to secure their object.
The question then is whether this will not be better done by
each of us appropriating our whole contributions to the institutions
within our own reach, under our own eye; and over which
we can exercise some useful control? Or would it be better
that each should divide the sum he can spare among all the institutions
of his State, or of the United States? Reason, and
the interest of these institutions themselves, certainly decide in
favor of the former practice. This question has been forced on
me heretofore by the multitude of applications which have come
to me from every quarter of the Union on behalf of academies,
churches, missions, hospitals, charitable establishments, &c. Had
I parcelled among them all the contributions which I could
spare, it would have been for each too feeble a sum to be worthy
of being either given or received. If each portion of the State,
on the contrary, will apply its aids and its attentions exclusively
to those nearest around them, all will be better taken care of.
Their support, their conduct, and the best administration of their
funds, will be under the inspection and control of those most convenient
to take cognizance of them, and most interested in their
prosperity. With these impressions myself, I could not propose
to others what my own judgment disapproved, as to their duty
as well as my own. These considerations appear so conclusive
to myself, that I trust they will be a sufficient apology for my
not having fulfilled your wishes with respect to the paper enclosed.
They are therefore submitted to your candor, with assurances
of my best wishes for the success of the institution you
patronize, and of my respect and consideration for yourself.
Monticello, January 17, 1810.
Dear Sir,—Yours of the 10th came safely to hand, and I
now enclose you a letter from Francis; he continues in excellent
health, and employs his time well. He has written to his mamma
and grandmamma. I observe that the H. of R. are sensible of
the ill effects of the long speeches in their house on their proceedings.
But they have a worse effect in the disgust they excite
among the people, and the disposition they are producing to
transfer their confidence from the legislature to the executive
branch, which would soon sap our constitution. These speeches,
therefore, are less and less read, and if continued will cease to be
read at all. The models for that oratory which is to produce
the greatest effect by securing the attention of hearers and readers,
are to be found in Livy, Tacitus, Sallust, and most assuredly
not in Cicero. I doubt if there is a man in the world who can
now read one of his orations through but as a piece of task-work.
I observe the house is endeavoring to remedy the eternal
protraction of debate by setting up all night, or by the use of the
Previous Question. Both will subject them to the most serious
inconvenience. The latter may be turned upon themselves by
a trick of their adversaries. I have thought that such a rule as
the following would be more effectual and less inconvenient.
"Resolved that at [viii.] o'clock in the evening (whenever the
house shall be in session at that hour) it shall be the duty of the
Speaker to declare that hour arrived, whereupon all debate shall
cease. If there be then before the house a main question for
the reading or passing of a bill, resolution or order, such main
question shall immediately be put by the Speaker, and decided
by yeas and nays.
"If the question before the house be secondary, as for amendment,
commitment, postponement, adjournment of the debate or
question, laying on the table, reading papers, or a previous question,
such secondary, [or any other which may delay the main
question,] shall stand ipso facto discharged, and the main question
shall then be before the house, and shall be immediately put
and decided by yeas and nays. But a motion for adjournment
of the house, may once and once only, take place of the main
question, and if decided in the negative, the main question shall
then be put as before. Should any question of order arise, it
shall be decided by the Speaker instanter, and without debate or
appeal; and questions of privilege arising, shall be postponed till
the main question be decided. Messages from the President or
Senate may be received but not acted on till after the decision
of the main question. But this rule shall be suspended during
the [three] last days of the session of Congress."
No doubt this, on investigation, will be found to need amendment;
but I think the principle of it better adapted to meet the
evil than any other which has occurred to me. You can consider
and decide upon it, however, and make what use of it you
please, only keeping the source of it to yourself. Ever affectionately
yours.
Monticello, January 19, 1810.
Sir,—Yours of the 7th inst. has been duly received, with the
pamphlet enclosed, for which I return you my thanks. Nothing
can be more exactly and seriously true than what is there stated:
that but a short time elapsed after the death of the great reformer
of the Jewish religion, before his principles were departed from
by those who professed to be his special servants, and perverted
into an engine for enslaving mankind, and aggrandizing their
oppressors in Church and State: that the purest system of morals
ever before preached to man has been adulterated and sophisticated
by artificial constructions, into a mere contrivance to filch
wealth and power to themselves: that rational men, not being
able to swallow their impious heresies, in order to force them
down their throats, they raise the hue and cry of infidelity, while
themselves are the greatest obstacles to the advancement of the
real doctrines of Jesus, and do, in fact, constitute the real Anti-Christ.
You expect that your book will have some effect on the prejudices
which the society of Friends entertain against the present
and late administrations. In this I think you will be disappointed.
The Friends are men formed with the same passions, and
swayed by the same natural principles and prejudices as others.
In cases where the passions are neutral, men will display their
respect for the religious professions of their sect. But where
their passions are enlisted, these professions are no obstacle. You
observe very truly, that both the late and present administration
conducted the government on principles professed by the Friends.
Our efforts to preserve peace, our measures as to the Indians, as
to slavery, as to religious freedom, were all in consonance with
their profession. Yet I never expected we should get a vote
from them, and in this I was neither deceived nor disappointed.
There is no riddle in this to those who do not suffer themselves
to be duped by the professions of religions sectaries. The theory
of American Quakerism is a very obvious one. The mother
society is in England. Its members are English by birth and
residence, devoted to their own country as good citizens ought
to be. The Quakers of these States are colonies or filiations from
the mother society, to whom that society sends its yearly lessons.
On these, the filiated societies model their opinions, their conduct,
their passions and attachments. A Quaker is essentially an
Englishman, in whatever part of the earth he is born or lives.
The outrages of Great Britain on our navigation and commerce,
have kept us in perpetual bickerings with her. The Quakers
here have taken side against their own government, not on their
profession of peace, for they saw that peace was our object also;
but from devotion to the views of the mother society. In 1797-8,
when an administration sought war with France, the Quakers
were the most clamorous for war. Their principle of peace,
as a secondary one, yielded to the primary one of adherence to
the Friends in England, and what was patriotism in the original,
became treason in the copy. On that occasion, they obliged
their good old leader, Mr. Pemberton, to erase his name from a
petition to Congress against war, which had been delivered to a
Representative of Pennsylvania, a member of the late and present
administration; he accordingly permitted the old gentleman
to erase his name. You must not therefore expect that your
book will have any more effect on the Society of Friends here,
than on the English merchants settled among us. I apply this
to the Friends in general, not universally. I know individuals
among them as good patriots as we have.
I thank you for the kind wishes and sentiments towards myself,
expressed in your letter, and sincerely wish to yourself the
blessings of heaven and happiness.
Monticello, January 19, 1810.
Thomas Jefferson returns to Mr. Baldwin his thanks for the
copy of the letters of Cerus and Amicus just received from him.
He sincerely wishes its circulation among the Society of Friends
may have the effect Mr. Baldwin expects, of abating their prejudices
against the government of their country. But he apprehends
their disease is too deeply seated; that identifying themselves
with the mother society in England, and taking from them
implicitly their politics, their principles and passions, it will be
long before they will cease to be Englishmen in everything but
the place of their birth, and to consider that, and not America, as
their real country. He is particularly thankful to Mr. Baldwin
for the kind wishes and sentiments expressed in his letter, and
sincerely wishes to him the blessings of health and happiness.
Monticello, January 21, 1810.
Sir,—I have duly received your favor of the 8th inst., informing
me that the American Philosophical Society had been pleased
again unanimously to re-elect me their President. For these
continued testimonials of their favor, I can but renew the expressions
of my continued gratitude, and the assurances of my
entire devotion to their service. If, in my present situation, I
can in any wise forward their laudable pursuits for the information
and benefit of mankind, all other duties shall give place to
that.
I pray you to be the channel of communicating these sentiments,
with the expressions of my dutiful respects to the Society,
and to accept, yourself, the assurance of my great esteem and
respect.
Monticello, January 23, 1810.
Sir,—The enclosed letter would have been more properly addressed
to yourself, or perhaps to the Secretary of War. I have
no knowledge at all of the writer; but suppose the best use I
can make of his letter, as to himself or the public, is to enclose
it to you for such notice only as the public utility may entitle it
to; perhaps I should ask the favor of you to communicate it,
with the samples, and with my friendly respects, to the Secretary
of War, who may know something of the writer. I recollect
that his predecessor made some trial of cotton tenting, and found
it good against the water. Its combustibility, however, must be
an objection to it for that purpose, and perhaps even on shipboard.
I avail myself of the occasion which this circumstance presents
of expressing my sincere anxieties for the prosperity of the administration
in all its parts, which indeed involves the prosperity
of us all, and of tendering to yourself in particular the assurances
of my high respect and consideration.
Monticello, January 24, 1810.
Dear Sir,—Yours of the 15th is received, and I am disconsolate
on learning my mistake as to your having a dynamometer.
My object being to bring a plough to be made here to the same
standard of comparison by which Guillaume's has been proved,
nothing less would be satisfactory than an instrument made by
the same standard. I must import one, therefore, but how, in
the present state of non-intercourse, is the difficulty. I do not
know * * * personally, but by character well. He is the
most red-hot federalist, famous, or rather infamous for the lying
and slandering which he vomited from the pulpit in the political
harangues with which he polluted the place. I was honored
with much of it. He is a man who can prove everything if
you will take his word for proof. Such evidence of Hamilton's
being a republican he may bring; but Mr. Adams, Edmund
Randolph, and myself, could repeat an explicit declaration of
Hamilton's against which * * proofs would weigh nothing.
I am sorry to learn that your rural occupations impede so
much the progress of your much to be desired work. You owe
to republicanism, and indeed to the future hopes of man, a faithful
record of the march of this government, which may encourage
the oppressed to go and do so likewise. Your talents, your
principles, and your means of access to public and private sources
of information, with the leisure which is at your command, point
you out as the person who is to do this act of justice to those
who believe in the improvability of the condition of man, and
who have acted on that behalf, in opposition to those who consider
man as a beast of burthen made to be rode by him who
has genius enough to get a bridle into his mouth. The dissensions
between two members of the Cabinet are to be lamented.
But why should these force Mr. Gallatin to withdraw? They
cannot be greater than between Hamilton and myself, and yet
we served together four years in that way. We had indeed no
personal dissensions. Each of us, perhaps, thought well of the
other as a man, but as politicians it was impossible for two men
to be of more opposite principles. The method of separate consultation,
practised sometimes in the Cabinet, prevents disagreeable
collisions.
You ask my opinion of Maine. I think him a most excellent
man. Sober, industrious, intelligent and conscientious. But, in
the difficulty of changing a nursery establishment, I suspect you
will find an insurmountable obstacle to his removal. Present me
respectfully to Mrs. Barlow, and be assured of my constant and
affectionate esteem.
P. S. The day before yesterday the mercury was at 5½° with
us, a very uncommon degree of cold here. It gave us the first
ice for the ice house.
Monticello, January 24, 1810.
Dear Sir,—I was sorry, by a letter from Mr. Barlow the other
day, to learn the ill state of your health, and I sincerely wish
that this may find you better. Young, temperate and prudent
as you are, great confidence may be reposed in the provision
nature has made for the restoration of order in your system when
it has become deranged; she effects her object by strengthening
the whole system, towards which medicine is generally mischevous.
Nor are the sedentary habits of office friendly to it.
But of all this your own good understanding, instructed by your
experience, is the best judge. * * * * *
I cannot pass over this occasion of writing to you, the first
presented me since retiring from office, without expressing to
you my sense of the important aid I received from you in the
able and faithful direction of the office committed to your charge.
With such auxiliaries, the business and burthen of government
becomes all but insensible, and its painful anxieties are relieved
by the certainty that all is going right. In no department did I
feel this sensation more strongly than in yours, and though at
this time of little significance to yourself, it is a relief to my mind
to discharge the duty of bearing this testimony to your valuable
services. I must add my acknowledgments for your friendly
interference in setting the public judgment to rights with respect
to the Connecticut prosecutions, so falsely and maliciously
charged on me. I refer to a statement of the facts in the National
Intelligencer of many months past, which I was sensible
came from your hand. I pray you to be assured of my great and
constant attachment, esteem and respect.
Monticello, January 25, 1810.
Dear Sir,—Your favor of December 12th was long coming
to hand. I am much concerned to learn that any disagreeable
impression was made on your mind, by the circumstances which
are the subject of your letter. Permit me first to explain the
principles which I had laid down for my own observance. In a
government like ours, it is the duty of the Chief Magistrate, in
order to enable himself to do all the good which his station requires,
to endeavor, by all honorable means, to unite in himself
the confidence of the whole people. This alone, in any case
where the energy of the nation is required, can produce a union
of the powers of the whole, and point them in a single direction,
as if all constituted but one body and one mind, and this alone
can render a weaker nation unconquerable by a stronger one.
Towards acquiring the confidence of the people, the very first
measure is to satisfy them of his disinterestedness, and that he is
directing their affairs with a single eye to their good, and not to
build up fortunes for himself and family, and especially, that the
officers appointed to transact their business, are appointed because
they are the fittest men, not because they are his relations. So
prone are they to suspicion, that where a President appoints a relation
of his own, however worthy, they will believe that favor
and not merit, was the motive. I therefore laid it down as a
law of conduct for myself, never to give an appointment to a relation.
Had I felt any hesitation in adopting this rule, examples
were not wanting to admonish me what to do and what to avoid.
Still, the expression of your willingness to act in any office for
which you were qualified, could not be imputed to you as blame.
It would not readily occur that a person qualified for office ought
to be rejected merely because he was related to the President,
and the then more recent examples favored the other opinion.
In this light I considered the case as presenting itself to your
mind, and that the application might be perfectly justifiable on
your part, while, for reasons occurring to none perhaps, but the
person in my situation, the public interest might render it unadvisable.
Of this, however, be assured that I considered the proposition
as innocent on your part, and that it never lessened my
esteem for you, or the interest I felt in your welfare.
My stay in Amelia was too short, (only twenty-four hours,) to
expect the pleasure of seeing you there. It would be a happiness
to me any where, but especially here, from whence I am
rarely absent. I am leading a life of considerable activity as a
farmer, reading little and writing less. Something pursued with
ardor is necessary to guard us from the tedium-vitæ, and the active
pursuits lessen most our sense of the infirmities of age. That
to the health of youth you may add an old age of vigor, is the
sincere prayer of
Yours, affectionately.
Monticello, January 28, 1810.
Dear Sir,—Your letter of November 5th, was two months on
its passage to me. I am very thankful for all the kind expressions
of friendship in it, and I consider it a great felicity, through
a long and trying course of life, to have retained the esteem of
my early friends unaltered. I find in old age that the impressions
of youth are the deepest and most indelible. Some friends, indeed,
have left me by the way, seeking, by a different political
path, the same object, their country's good, which I pursued with
the crowd along the common highway. It is a satisfaction to
me that I was not the first to leave them. I have never thought
that a difference in political, any more than in religious opinions,
should disturb the friendly intercourse of society. There are so
many other topics on which friends may converse and be happy,
that it is wonderful they would select, of preference, the only one
on which they cannot agree. I am sensible of the mark of esteem
manifested by the name you have given to your son. Tell him
from me, that he must consider as essentially belonging to it,
to love his friends and wish no ill to his enemies. I shall be
happy to see him here whenever any circumstance shall lead his
footsteps this way. You doubt, between law and physic, which
profession he shall adopt. His peculiar turn of mind, and your
own knowledge of things will best decide this question. Law
is quite overdone. It is fallen to the ground, and a man must
have great powers to raise himself in it to either honor or profit.
The mob of the profession get as little money and less respect,
than they would by digging the earth. The followers of Esculapius
are also numerous. Yet I have remarked that wherever
one sets himself down in a good neighborhood, not pre-occupied,
he secures to himself its practice, and if prudent, is not long in
acquiring whereon to retire and live in comfort. The physician
is happy in the attachment of the families in which he practices.
All think he has saved some one of them, and he finds himself
everywhere a welcome guest, a home in every house. If, to the
consciousness of having saved some lives, he can add that of
having at no time, from want of caution, destroyed the boon he
was called on to save, he will enjoy, in age, the happy reflection
of not having lived in vain; while the lawyer has only to recollect
how many, by his dexterity, have been cheated of their right
and reduced to beggary. After all, I end where I began, with
the observation that your son's disposition and your prudence, are
the best arbiters of this question, and with the assurances of my
great esteem and respect.
Monticello, February 10, 1810.
My Dear Sir,—I have to thank you for your favor of the
31st ultimo, which is just now received. It has been peculiarly
unfortunate for us, personally, that the portion in the history of
mankind, at which we were called to take a share in the direction
of their affairs, was such an one as history has never before
presented. At any other period, the even-handed justice we
have observed towards all nations, the efforts we have made to
merit their esteem by every act which candor or liberality could
exercise, would have preserved our peace, and secured the unqualified
confidence of all other nations in our faith and probity.
But the hurricane which is now blasting the world, physical and
moral, has prostrated all the mounds of reason as well as right.
All those calculations which, at any other period, would have
been deemed honorable, of the existence of a moral sense in
man, individually or associated, of the connection which the
laws of nature have established between his duties and his interests,
of a regard for honest fame and the esteem of our fellow
men, have been a matter of reproach on us, as evidences of imbecility.
As if it could be a folly for an honest man to suppose
that others could be honest also, when it is their interest to be
so. And when is this state of things to end? The death of
Bonaparte would, to be sure, remove the first and chiefest apostle
of the desolation of men and morals, and might withdraw the
scourge of the land. But what is to restore order and safety on
the ocean? The death of George III? Not at all. He is only
stupid; and his ministers, however weak and profligate in morals,
are ephemeral. But his nation is permanent, and it is that
which is the tyrant of the ocean. The principle that force is
right, is become the principle of the nation itself. They would
not permit an honest minister, were accident to bring such an
one into power, to relax their system of lawless piracy. These
were the difficulties when I was with you. I know they are not
lessened, and I pity you.
It is a blessing, however, that our people are reasonable; that
they are kept so well informed of the state of things as to judge
for themselves, to see the true sources of their difficulties, and to
maintain their confidence undiminished in the wisdom and integrity
of their functionaries. Macte virtute therefore. Continue
to go straight forward, pursuing always that which is right, as
the only clue which can lead us out of the labyrinth. Let nothing
be spared of either reason or passion, to preserve the public
confidence entire, as the only rock of our safety. In times of
peace the people look most to their representatives; but in war,
to the executive solely. It is visible that their confidence is even
now veering in that direction; that they are looking to the executive
to give the proper direction to their affairs, with a confidence
as auspicious as it is well founded.
I avail myself of this, the first occasion of writing to you, to
express all the depth of my affection for you; the sense I entertain
of your faithful co-operation in my late labors, and the debt
I owe for the valuable aid I received from you. Though separated
from my fellow laborers in place and pursuit, my affections
are with you all, and I offer daily prayers that ye love one another,
as I love you. God bless you.
Monticello, February 12, 1810.
Sir,—Your favor of January 22d loitered on the way somewhere,
so as not to come to my hand until the 5th inst. The
title of the tract of Buchanan which you propose to translate,
was familiar to me, and I possessed the tract; but no circumstance
had ever led me to look into it. Yet I think nothing
more likely than that, in the free spirit of that age and state of
society, principles should be avowed, which were felt and followed,
although unwritten in the Scottish constitution. Undefined
powers had been entrusted to the crown, undefined rights
retained by the people, and these depended for their maintenance
on the spirit of the people, which, in that day was dependence
sufficient. I shall certainly, after what you say of it, give it a
serious reading. His latinity is so pure as to claim a place in
school reading, and the sentiments which have recommended
the work to your notice, are such as ought to be instilled into
the minds of our youth on their first opening. The boys of the
rising generation are to be the men of the next, and the sole
guardians of the principles we deliver over to them. That I
have acted through life on those of sincere republicanism I feel
in every fibre of my constitution. And when men who feel
like myself, bear witness in my favor, my satisfaction is complete.
The testimony of approbation implied in the desire
you express of coupling my name with Buchanan's work, and
your translation of it, cannot but be acceptable and flattering;
and the more so as coming from one of whom a small acquaintance
had inspired me with a great esteem. This I am now
happy in finding an occasion to express. The times which
brought us within mutual observation were awfully trying. But
truth and reason are eternal. They have prevailed. And they
will eternally prevail, however, in times and places they may be
overborne for a while by violence, military, civil, or ecclesiastical.
The preservation of the holy fire is confided to us by the
world, and the sparks which will emanate from it will ever serve
to rekindle it in other quarters of the globe, numinibus secundis.
Amidst the immense mass of detraction which was published
against me, when my fellow citizens proposed to entrust me
with their concerns, and the efforts of more candid minds to expose
their falsehood, I retain a remembrance of the pamphlet
you mention. But I never before learned who was its author;
nor was it known to me that Mr. Pechin had ever published a
copy of the Notes on Virginia. But had all this been known, I
should have seen myself with pride by your side. Wherever
you lead, we may all safely follow, assured that it is in the path
of truth and liberty. Mr. Pechin knew well that your introduction
would plead for his author, and only erred in not asking
your leave. Wishing every good effect which may follow your
undertaking, I tender you the assurances of my high esteem and
respect.
Monticello, February 24, 1810.
Sir,—I have to thank you for the pamphlet you have been so
kind as to send me, and especially for its contents so far as they
respect myself personally. I had before read your speech in the
newspapers, with great satisfaction, and the more, as, besides the
able defence of the government, I saw that an absent and retired
servant would still find, in the justice of the public counsellors,
friendly advocates who would not suffer his name to be maligned
without answer or reproof. If, brooding over past calamities, the
attentions of federalism can, by abusing me, be diverted from
disturbing the course of government, they will make me useful
longer than I had expected to be so. Having served them faithfully
for a term of twelve or fourteen years, in the terrific station
of Rawhead and Bloodybones, it was supposed that, retired from
power, I should have been functus officio, of course, for them
also. If, nevertheless, they wish my continuance in that awful
office, I yield, and the rather as it may be exercised at home,
without interfering with the tranquil enjoyment of my farm, my
family, my friends and books. In truth, having never felt a pain
from their abuse, I bear them no malice. Contented with our
government, elective as it is in three of its principal branches, I
wish not, on Hamilton's plan, to see two of them for life; and
still less, hereditary, as others desire. I believe that the yeomanry
of the Federalists think on this subject with me. They are
substantially republican. But some of their leaders, who get
into the public councils, would prefer Hamilton's government,
and still more the hereditary one. Hinc illæ lachrymæ, I wish
them no harm, but that they may never get into power, not for
their harm, but for the good of our country. I hope the friends
of republican government will keep strict watch over them, and
not let them want, when they need it, the wholesome discipline
of which you have sent me a specimen. I commit them with
entire confidence to your care, and salute you with esteem and
respect.
Monticello, February 25, 1810.
Dear Sir,—Yours of the 16th, has given me real uneasiness.
I was certainly very unfortunate in the choice of my expression,
when I hit upon one which could excite any doubt of my unceasing
affections for you. In observing that you might use the
information as you should find proper, I meant merely that you
might communicate it to the President, the Secretaries of State
or War, or to young Mr. Lee, as should be judged by yourself
most proper. I meant particularly, to permit its communication
to Mr. Lee, to enlighten his enquiries, for I do not know that his
father received the medal. I could only conduct the information
to the completion of the dye and striking off a proof. With
such assurances as I have of your affection, be assured that nothing
but the most direct and unequivocal proofs can ever make me
suspect its abatement, and conscious of as warm feelings towards
yourself, I hope you will ever be as unready to doubt them. Let
us put this, then, under our feet.
I like your convoy bill, because although it does not assume
the maintenance of all our maritime rights, it assumes as much
as it is our interest to maintain. Our coasting trade is the first
and most important branch, never to be yielded but with our
existence. Next to that is the carriage of our own productions
in our own vessels, and bringing back the returns for our own
consumption; so far I would protect it, and force every part of
the Union to join in the protection at the point of the bayonet.
But though we have a right to the remaining branch of carrying
for other nations, its advantages do not compensate its risks.
Your bill first rallies us to the ground the constitution ought to
have taken, and to which we ought to return without delay;
the moment is the most favorable possible, because the Eastern
States, by declaring they will not protect that cabotage by war,
and forcing us to abandon it, have released us from every future
claim for its protection on that part. Your bill is excellent in
another view: it presents still one other ground to which we can
retire before we resort to war; it says to the belligerents, rather
than go to war, we will retire from the brokerage of other nations,
and confine ourselves to the carriage and exchange of our
own productions; but we will vindicate that in all its rights—if
you touch it, it is war.
The present delightful weather has drawn us all into our farms
and gardens; we have had the most devastating rain which has
ever fallen within my knowledge. Three inches of water fell
in the space of about an hour. Every hollow of every hill presented
a torrent which swept everything before it. I have never
seen the fields so much injured. Mr. Randolph's farm is the only
one which has not suffered; his horizontal furrows arrested the
water at every step till it was absorbed, or at least had deposited
the soil it had taken up. Everybody in this neighborhood is
adopting his method of ploughing, except tenants who have no
interest in the preservation of the soil.
Present me respectfully to Mrs. Burwell, and be assured of my
constant affection.
Monticello, February 26, 1810.
My Dear General and Friend,—I have rarely written to
you; never but by safe conveyances; and avoiding everything
political, lest coming from one in the station I then held, it might
be imputed injuriously to our country, or perhaps even excite
jealousy of you. Hence my letters were necessarily dry. Retired
now from public concerns, totally unconnected with them,
and avoiding all curiosity about what is done or intended, what
I say is from myself only, the workings of my own mind, imputable
to nobody else.
The anxieties which I know you have felt, on seeing exposed
to the justlings of a warring world, a country to which, in early
life, you devoted your sword and services when oppressed by
foreign dominion, were worthy of your philanthropy and disinterested
attachment to the freedom and happiness of man. Although
we have not made all the provisions which might be necessary
for a war in the field of Europe, yet we have not been
inattentive to such as would be necessary here. From the moment
that the affair of the Chesapeake rendered the prospect of
war imminent, every faculty was exerted to be prepared for it,
and I think I may venture to solace you with the assurance, that
we are, in a good degree, prepared. Military stores for many
campaigns are on hand, all the necessary articles (sulphur excepted),
and the art of preparing them among ourselves, abundantly;
arms in our magazines for more men than will ever be
required in the field, and forty thousand new stand yearly added,
of our own fabrication, superior to any we have ever seen from
Europe; heavy artillery much beyond our need; an increasing
stock of field pieces, several foundries casting one every other
day each; a military school of about fifty students, which has
been in operation a dozen years; and the manufacture of
men constantly going on, and adding forty thousand young soldiers
to our force every year that the war is deferred; at all our
seaport towns of the least consequence we have erected works
of defence, and assigned them gunboats, carrying one or two
heavy pieces, either eighteen, twenty-four, or thirty-two pounders,
sufficient in the smaller harbors to repel the predatory attacks
of privateers or single armed ships, and proportioned in the larger
harbors to such more serious attacks as they may probably be
exposed to. All these were nearly completed, and their gunboats
in readiness, when I retired from the government. The
works of New York and New Orleans alone, being on a much
larger scale, are not yet completed. The former will be finished
this summer, mounting four hundred and thirty-eight guns, and,
with the aid of from fifty to one hundred gunboats, will be adequate
to the resistance of any fleet which will ever be trusted
across the Atlantic. The works for New Orleans are less advanced.
These are our preparations. They are very different
from what you will be told by newspapers, and travellers, even
Americans. But it is not to them the government communicates
the public condition. Ask one of them if he knows the exact
state of any particular harbor, and you will find probably that he
does not know even that of the one he comes from. You will
ask, perhaps, where are the proof of these preparations for one
who cannot go and see them. I answer, in the acts of Congress,
authorizing such preparations, and in your knowledge of me,
that, if authorized, they would be executed.
Two measures have not been adopted, which I pressed on
Congress repeatedly at their meetings. The one, to settle the
whole ungranted territory of Orleans, by donations of land to
able-bodied young men, to be engaged and carried there at the
public expense, who would constitute a force always ready on the
spot to defend New Orleans. The other was, to class the militia
according to the years of their birth, and make all those from
twenty to twenty-five liable to be trained and called into service
at a moment's warning. This would have given us a force of
three hundred thousand young men, prepared by proper training,
for service in any part of the United States; while those who
had passed through that period would remain at home, liable to
be used in their own or adjacent States. These two measures
would have completed what I deemed necessary for the entire
security of our country. They would have given me, on my
retirement from the government of the nation, the consolatory
reflection, that having found, when I was called to it, not a single
seaport town in a condition to repel a levy of contribution
by a single privateer or pirate, I had left every harbor so prepared
by works and gunboats, as to be in a reasonable state of
security against any probable attack; the territory of Orleans acquired,
and planted with an internal force sufficient for its protection;
and the whole territory of the United States organized
by such a classification of its male force, as would give it the
benefit of all its young population for active service, and that of
a middle and advanced age for stationary defence. But these
measures will, I hope, be completed by my successor, who, to
the purest principles of republican patriotism, adds a wisdom and
foresight second to no man on earth.
So much as to my country. Now a word as to myself. I am
retired to Monticello, where, in the bosom of my family, and
surrounded by my books, I enjoy a repose to which I have been
long a stranger. My mornings are devoted to correspondence.
From breakfast to dinner, I am in my shops, my garden, or on
horseback among my farms; from dinner to dark, I give to society
and recreation with my neighbors and friends; and from candle
light to early bed-time, I read. My health is perfect; and
my strength considerably reinforced by the activity of the course
I pursue; perhaps it is as great as usually falls to the lot of near
sixty-seven years of age. I talk of ploughs and harrows, of seeding
and harvesting, with my neighbors, and of politics too, if
they choose, with as little reserve as the rest of my fellow citizens,
and feel, at length, the blessing of being free to say and
do what I please, without being responsible for it to any mortal.
A part of my occupation, and by no means the least pleasing, is
the direction of the studies of such young men as ask it. They
place themselves in the neighboring village, and have the use of
my library and counsel, and make a part of my society. In advising
the course of their reading, I endeavor to keep their attention
fixed on the main objects of all science, the freedom and
happiness of man. So that coming to bear a share in the councils
and government of their country, they will keep ever in view
the sole objects of all legitimate government.
* * * * * * * *
Instead of the unalloyed happiness of retiring unembarrassed
and independent, to the enjoyment of my estate, which is ample
for my limited views, I have to pass such a length of time in a
thraldom of mind never before known to me. Except for this,
my happiness would have been perfect. That yours may never
know disturbance, and that you may enjoy as many years of
life, as health and ease to yourself shall wish, is the sincere
prayer of your constant and affectionate friend.
Monticello, March 5, 1810.
Dear Sir,—I received duly you favor of the 19th ultimo, and
I salute you with all ancient and recent recollections of friendship.
I have learned, with real sorrow, that circumstances have
arisen among our executive counsellors, which have rendered
foes those who once were friends. To themselves it will be a
source of infinite pain and vexation, and therefore chiefly I lament
it, for I have a sincere esteem for both parties. To the
President it will be really inconvenient; but to the nation I do
not know that it can do serious injury, unless we were to believe
the newspapers, which pretend that Mr. Gallatin will go out.
That indeed would be a day of mourning for the United States;
but I hope that the position of both gentlemen may be made so
easy as to give no cause for either to withdraw. The ordinary
business of every day is done by consultation between the
President and the Head of the department alone to which it belongs.
For measures of importance or difficulty, a consultation
is held with the Heads of departments, either assembled, or by
taking their opinions separately in conversation or in writing.
The latter is most strictly in the spirit of the constitution. Because
the President, on weighing the advice of all, is left free to
make up an opinion for himself. In this way they are not
brought together, and it is not necessarily known to any what
opinion the others have given. This was General Washington's
practice for the first two or three years of his administration, till
the affairs of France and England threatened to embroil us, and
rendered consideration and discussion desirable. In these discussions,
Hamilton and myself were daily pitted in the cabinet like
two cocks. We were then but four in number, and, according
to the majority, which of course was three to one, the President
decided. The pain was for Hamilton and myself, but the public
experienced no inconvenience. I practised this last method, because
the harmony was so cordial among us all, that we never
failed, by a contribution of mutual views on the subject, to form
an opinion acceptable to the whole. I think there never was
one instance to the contrary, in any case of consequence. Yet
this does, in fact, transform the executive into a directory, and I
hold the other method to be more constitutional. It is better
calculated too to prevent collision and irritation, and to cure it,
or at least suppress its effects when it has already taken place. It
is the obvious and sufficient remedy in the present ease, and will
doubtless be resorted to.
Our difficulties are indeed great, if we consider ourselves
alone. But when viewed in comparison to those of Europe,
they are the joys of Paradise. In the eternal revolution of ages,
the destinies have placed our portion of existence amidst such
scenes of tumult and outrage, as no other period, within our
knowledge, had presented. Every government but one on the
continent of Europe, demolished, a conqueror roaming over the
earth with havoc and destruction, a pirate spreading misery and
ruin over the face of the ocean. Indeed, my friend, ours is a
bed of roses. And the system of government which shall keep
us afloat amidst the wreck of the world, will be immortalized in
history. We have, to be sure, our petty squabbles and heart
burnings, and we have something of the blue devils at times, as
to these raw heads and bloody bones who are eating up other
nations. But happily for us, the Mammoth cannot swim, nor
the Leviathan move on dry land; and if we will keep out of
their way, they cannot get at us. If, indeed, we choose to place
ourselves within the scope of their tether, a gripe of the paw, or
flounce of the tail, may be our fortune. Our business certainly
was to be still. But a part of our nation chose to declare against
this, in such a way as to control the wisdom of the government.
I yielded with others, to avoid a greater evil. But from
that moment, I have seen no system which could keep us entirely
aloof from these agents of destruction. If there be any,
I am certain that you, my friends, now charged with the care
of us all, will see and pursue it. I give myself, therefore, no
trouble with thinking or puzzling about it. Being confident in
my watchmen I sleep soundly. God bless you all, and send you
a safe deliverance.
Monticello, March 5, 1810.
Your letter, my dear friend, of the 18th ultimo, comes like the
refreshing dews of the evening on a thirsty soil. It recalls ancient
as well as recent recollections, very dear to my heart. For
five and thirty years we have walked together through a land of
tribulations. Yet these have passed away, and so, I trust, will
those of the present day. The toryism with which we struggled
in '77, differed but in name from the federalism of '99, with
which we struggled also; and the Anglicism of 1808, against
which we are now struggling, is but the same thing still in another
form. It is a longing for a King, and an English King rather
than any other. This is the true source of their sorrows and
wailings.
The fear that Bonaparte will come over to us and conquer us
also, is too chimerical to be genuine. Supposing him to have
finished Spain and Portugal, he has yet England and Russia to
subdue. The maxim of war was never sounder than in this case,
not to leave an enemy in the rear; and especially where an insurrectionary
flame is known to be under the embers, merely
smothered, and ready to burst at every point. These two subdued,
(and surely the Anglomen will not think the conquest of
England alone a short work,) ancient Greece and Macedonia, the
cradle of Alexander, his prototype, and Constantinople, the seat
of empire for the world, would glitter more in his eye than our
bleak mountains and rugged forests. Egypt, too, and the golden
apples of Mauritania, have for more than half a century fixed the
longing eyes of France; and with Syria, you know, he has an
old affront to wipe out. Then come "Pontus and Galatia, Cappadocia,
Asia and Bithynia," the fine countries, on the Euphrates
and Tigris, the Oxus and Indus, and all beyond the Hyphasis,
which bounded the glories of his Macedonian rival; with the invitations
of his new British subjects on the banks of the Ganges,
whom, after receiving under his protection the mother country,
he cannot refuse to visit. When all this done and settled, and
nothing of the old world remains unsubdued, he may turn to the
new one. But will he attack us first, from whom he will get
but hard knocks and no money? Or will he first lay hold of
the gold and silver of Mexico and Peru, and the diamonds of
Brazil? A republican Emperor, from his affection to republics,
independent of motives of expediency, must grant to ours the
Cyclop's boon of being the last devoured. While all this is doing,
we are to suppose the chapter of accidents read out, and that nothing
can happen to cut short or to disturb his enterprises.
But the Anglomen, it seems, have found out a much safer
dependence than all these chances of death or disappointment.
That is, that we should first let England plunder us, as she has
been doing for years, for fear Bonaparte should do it; and then
ally ourselves with her, and enter into the war. A conqueror,
whose career England could not arrest when aided by Russia,
Austria, Prussia, Sweden, Spain and Portugal, she is now to destroy,
with all these on his side, by the aid of the United States
alone. This, indeed, is making us a mighty people. And what
is to be our security, that when embarked for her in the war, she
will not make a separate peace, and leave us in the lurch? Her
good faith! The faith of a nation of merchants! The Punica
fides of modern Carthage! Of the friend and protectress of Copenhagen!
Of the nation who never admitted a chapter of morality
into her political code! And is now boldly avowing that
whatever power can make hers, is hers of right. Money, and
not morality, is the principle of commerce and commercial nations.
But, in addition to this, the nature of the English Government
forbids, of itself, reliance on her engagements; and it is
well known she has been the least faithful to her alliances of any
nation of Europe, since the period of her history wherein she
has been distinguished for her commerce and corruption, that is
to say, under the houses of Stuart and Brunswick. To Portugal
alone she has steadily adhered, because, by her Methuen treaty,
she had made it a colony, and one of the most valuable to her.
It may be asked, what, in the nature of her government, unfits
England for the observation of moral duties? In the first place,
her King is a cypher; his only function being to name the oligarchy
which is to govern her. The parliament is, by corruption,
the mere instrument of the will of the administration. The
real power and property in the government is in the great aristocratical
families of the nation. The nest of office being too small
for all of them to cuddle into at once, the contest is eternal, which
shall crowd the other out. For this purpose, they are divided
into two parties, the Ins and the Outs, so equal in weight that
a small matter turns the balance. To keep themselves in, when
they are in, every stratagem must be practised, every artifice used
which may flatter the pride, the passions or power of the nation.
Justice, honor, faith must yield to the necessity of keeping themselves
in place. The question whether a measure is moral, is
never asked; but whether it will nourish the avarice of their
merchants, or the piratical spirit of their navy, or produce any
other effect which may strengthen them in their places. As to
engagements, however positive, entered into by the predecessors
of the Ins, why, they were their enemies; they did everything
which was wrong; and to reverse everything which they did,
must, therefore, be right. This is the true character of the
English government in practice, however different its theory; and
it presents the singular phenomenon of a nation, the individuals
of which are as faithful to their private engagements and duties,
as honorable, as worthy, as those of any nation on earth, and
whose government is yet the most unprincipled at this day known.
In an absolute government there can be no such equiponderant
parties. The despot is the government. His power suppressing
all opposition, maintains his ministers firm in their places. What
he has contracted, therefore, through them, he has the power to
observe with good faith; and he identifies his own honor and
faith with that of his nation.
When I observed, however, that the King of England was a
cypher, I did not mean to confine the observation to the mere
individual now on that throne. The practice of Kings marrying
only in the families of Kings, has been that of Europe for some
centuries. Now, take any race of animals, confine them in idleness
and inaction, whether in a stye, a stable or a state-room,
pamper them with high diet, gratify all their sexual appetites, immerse
them in sensualities, nourish their passions, let everything
bend before them, and banish whatever might lead them to think,
and in a few generations they become all body and no mind;
and this, too, by a law of nature, by that very law by which we
are in the constant practice of changing the characters and propensities
of the animals we raise for our own purposes. Such is
the regimen in raising Kings, and in this way they have gone on
for centuries. While in Europe, I often amused myself with contemplating
the characters of the then reigning sovereigns of Europe.
Louis the XVI. was a fool, of my own knowledge, and
in despite of the answers made for him at his trial. The King
of Spain was a fool, and of Naples the same. They passed their
lives in hunting, and despatched two couriers a week, one thousand
miles, to let each other know what game they had killed
the preceding days. The King of Sardinia was a fool. All
these were Bourbons. The Queen of Portugal, a Braganza, was
an idiot by nature. And so was the King of Denmark. Their
sons, as regents, exercised the powers of government. The King
of Prussia, successor to the great Frederick, was a mere hog in
body as well as in mind. Gustavus of Sweden, and Joseph of
Austria, were really crazy, and George of England, you know,
was in a straight waistcoat. There remained, then, none but old
Catharine, who had been too lately picked up to have lost her
common sense. In this state Bonaparte found Europe; and it
was this state of its rulers which lost it with scarce a struggle.
These animals had become without mind and powerless; and so
will every hereditary monarch be after a few generations. Alexander,
the grandson of Catharine, is as yet an exception. He is
able to hold his own. But he is only of the third generation.
His race is not yet worn out. And so endeth the book of Kings,
from all of whom the Lord deliver us, and have you, my friend,
and all such good men and true, in his holy keeping.
Monticello, March 14, 1810.
Sir,—I have duly received your favor of February 27th and
am very thankful for the friendly sentiments therein expressed
towards myself, as well as for the pamphlet enclosed. That it
contains many serious truths and sound admonitions every reader
will be sensible. At the same time it is a comfort that the
medal has two sides. I do not myself contemplate human nature
in quite so sombre a view. That there is much vice and
misery in the world, I know; but more virtue and happiness I
believe, at least in our part of it; the latter being the lot of those
employed in agriculture in a greater degree than of other callings.
That we are overdone with banking institutions, which have
banished the precious metals, and substituted a more fluctuating
and unsafe medium, that these have withdrawn capital from useful
improvements and employments to nourish idleness, that the
wars of the world have swollen our commerce beyond the wholesome
limits of exchanging our own productions for our own
wants, and that, for the emolument of a small proportion of our
society, who prefer these demoralizing pursuits to labors useful
to the whole, the peace of the whole is endangered, and all our
present difficulties produced, are evils more easily to be deplored
than remedied. They should lead us to direct our prayers, if
our philanthropy fails to do it, for the re-establishment of peace
in Europe, when our commerce must of course return to its
proper objects, and the idle to habits of industry. To these
prayers, in which you will not fail to join, let me add my best
wishes and respects for yourself.
Monticello, March 17, 1810.
Dear Sir,—I have duly received your favor of February
24th covering one of your pamphlets on the Torpedo. I have
read it with pleasure. This was not necessary to give them
favor in my eye. I am not afraid of new inventions or improvements,
nor bigoted to the practices of our forefathers. It is that
bigotry which keeps the Indians in a state of barbarism in the
midst of the arts, would have kept us in the same state even
now, and still keeps Connecticut where their ancestors were when
they landed on these shores. I am much pleased that Congress
is taking up the business. Where a new invention is supported
by well-known principles, and promises to be useful, it ought to
be tried. Your torpedoes will be to cities what vaccination has
been to mankind. It extinguishes their greatest danger. But
there will still be navies. Not for the destruction of cities, but
for the plunder of commerce on the high seas. That the tories
should be against you is in character, because it will curtail the
power of their idol, England.
I am thankful to you for the trouble you have taken in thinking
of the felier hydraulique. To be put into motion by the
same power which was to continue the motion was certainly
wanting to that machine, as a better name still is. I would not
give you the trouble of having a model made, as I have workmen
who can execute from the drawing. I pray you to accept
the assurances of my great esteem and respect.
Monticello, May 2d, 1810.
Sir,—Your letter of the 10th of May of the last year came
but lately to my hands. I am duly sensible of the honor done
me by the first class of the Royal Institute of sciences, of literature,
and of fine arts, in associating me to their class, and by
the approbation which his majesty the king of Holland has condescended
to give to their choice. His patronage of institutions
for extending among mankind the boundaries of information,
proves his just sense of the cares devolved on him by his high
station, and commands the approving voice of all the sons of
men. If mine can be heard from this distance among them, it
will be through the benefit of the special communication which
your position may procure it, and which I am to request. I pray
you to present also my thanks to the first class for this mark of
their distinction, which I receive with due sensibility and gratitude.
Sincerely a friend to science, and feeling the fraternal relation
it establishes among the whole family of its votaries,
wheresoever dispersed through nations friendly or hostile, I shall
be happy at all times in fulfilling any particular views which the
society may extend to this region of the globe, and in being
made useful to them in any special services they will be pleased
to give me an opportunity of rendering. To yourself, Sir, I
tender the assurances of my particular respect and high consideration.
Monticello, May 3d, 1810.
Sir, Your favor of February 1st lately came to my hands.
It brings me new proofs, in the resolutions it enclosed, of the indulgence
with which the legislature of Orleans has been pleased
to view my conduct in the various duties assigned to me by our
common country. The times in which we have lived have
called for all the services which any of its citizens could render,
and if mine have met approbation they are fully rewarded.
The interposition noticed by the Legislature of Orleans was an
act of duty of the office I then occupied. Charged with the care of
the general interest of the nation, and among these with the preservation
of their lands from intrusion, I exercised, on their behalf, a
right given by nature to all men, individual or associated, that of
rescuing their own property wrongfully taken. In cases of forcible
entry on individual possessions, special provisions, both of the
common and civil law, have restrained the right of rescue by
private force, and substituted the aid of the civil power. But
no law has restrained the right of the nation itself from removing
by its own arm, intruders on its possessions. On the contrary,
a statute recently passed, had required that such removals
should be diligently made. The Batture of New Orleans, being
a part of the bed contained between the two banks of the river,
a naked shoal indeed at low water, but covered through the
whole season of its regular full tides, and then forming the
ground of the port and harbor for the upper navigation, over
which vessels ride of necessity when moored to the bank, I
deemed it public property, in which all had a common use. The
removal, too, of the force which had possessed itself of it, was
the more urgent from the interruption it might give to the commerce,
and other lawful uses, of the inhabitants of the city and
of the Western waters generally.
If this aid from the public authority was particularly interesting
to the territory of Orleans, it certainly adds new satisfaction
to my consciousness of having done what was right.
I ask the favor of you to convey to the Legislature of Orleans,
my gratitude for the interest they are so kind as to express in
my future happiness; and I pray to the Governor of the Universe,
that He may always have them and our country in his holy
keeping.
Monticello, May 3, 1810.
Dear Sir,—Your letters of January 12th and February 1st,
came to hand only a fortnight ago. The enclosed contains my
answer to the latter, for communication to the Legislature. So
many false views on the subject of the batture have been presented
in and out of Congress, that duty to myself, as well as
justice to the citizens of New Orleans and of the western country
generally, required that I should avail myself of the occasion
these resolutions presented, of stating, in the fewest words possible,
the true ground of my conduct, and, as I think, of the rights
of the western country. But the occasion also restricted me to
the limits of a short text only, every word of which would be
matter for copious commentary, in a dilated discussion of the
subject. Has Moreau de l'Isle's opinion ever been printed? I
wish it were possible to get a copy of it. Perhaps I might be
able to make good use of it.
Before the receipt of your letter of Jan. 12th, I had heard of
your great loss, and been impressed with the depth of it. Long
tried in the same school of affliction, no loss which can rend the
human heart is unknown to mine; and a like one particularly, at
about the same period of life, had taught me to feel the sympathies
of yours. The same experience has proved that time,
silence and occupation are its only medicines. Of occupation,
you have enough and of the highest order; that of continuing to
make a worthy people happy by a just and parental government,
and of protecting them from the wolves prowling around to devour
them. Your own example will be the best lesson for the
son which has been left to comfort you, to whose course in life I
hope it will give a shape which shall make him truly a comfort
and support to your latter days, protracted to your own wishes.
I really wish effect to the hints in my letter to you for so laying
off the additions to the city of New Orleans, as to shield it
from yellow fever. My confidence in the idea is founded in the
acknowledged experience that we have never seen the genuine
yellow fever extend itself into the country, nor even to the outskirts
or open parts of a close-built city. In the plan I propose,
every square would be surrounded, on every side, by open and
pure air, and would, in fact, be a separate town with fields or
open suburbs around it.
Monticello, May 6, 1810.
Gentlemen,—I received, some time ago, your letter of February
28th, covering a printed scheme of a lottery for the benefit of
the East Tennessee College, and proposing to send tickets to me
to be disposed of. It would be impossible for them to come to a
more inefficient hand. I rarely go from home, and consequently
see but a few neighbors and friends, who occasionally call on me.
And having myself made it a rule never to engage in a lottery or
any other adventure of mere chance, I can, with the less candor
or effect, urge it on others, however laudable or desirable its object
may be. No one more sincerely wishes the spread of information
among mankind than I do, and none has greater confidence
in its effect towards supporting free and good government.
I am sincerely rejoiced, therefore, to find that so excellent
a fund has been provided for this noble purpose in Tennessee.
Fifty-thousand dollars placed in a safe bank, will give
four thousand dollars a year, and even without other aid, must
soon accomplish buildings sufficient for the object in its early
stage. I consider the common plan followed in this country, but
not in others, of making one large and expensive building, as unfortunately
erroneous. It is infinitely better to erect a small and
separate lodge for each separate professorship, with only a hall
below for his class, and two chambers above for himself; joining
these lodges by barracks for a certain portion of the students,
opening into a covered way to give a dry communication between
all the schools. The whole of these arranged around an open
square of grass and trees, would make it, what it should be in
fact, an academical village, instead of a large and common den
of noise, of filth and of fetid air. It would afford that quiet retirement
so friendly to study, and lessen the dangers of fire, infection
and tumult. Every professor would be the police officer
of the students adjacent to his own lodge, which should include
those of his own class of preference, and might be at the head
of their table, if, as I suppose, it can be reconciled with the necessary
economy to dine them in smaller and separate parties, rather
than in a large and common mess. These separate buildings,
too, might be erected successively and occasionally, as the number
of professorships and students should be increased, or the
funds become competent.
I pray you to pardon me if I have stepped aside into the province
of counsel; but much observation and reflection on these
institutions have long convinced me that the large and crowded
buildings in which youths are pent up, are equally unfriendly to
health, to study, to manners, morals and order; and, believing the
plan I suggest to be more promotive of these, and peculiarly
adapted to the slender beginnings and progressive growth of our
institutions, I hoped you would pardon the presumption, in consideration
of the motive which was suggested by the difficulty
expressed in your letter, of procuring funds for erecting the building.
But, on whatever plan you proceed, I wish it every possible
success, and to yourselves the reward of esteem, respect and
gratitude due to those who devote their time and efforts to render
the youths of every successive age fit governors for the next.
To these accept, in addition, the assurances of mine.
Monticello, May 13, 1810.
Dear Sir,—I thank you for your promised attention to my
portion of the Merinos, and if there be any expenses of transportation,
&c., and you will be so good as to advance my portion
of them with yours and notify the amount, it shall be promptly
remitted. What shall we do with them? I have been so disgusted
with the scandalous extortions lately practised in the sale
of these animals, and with the description of patriotism and
praise to the sellers, as if the thousands of dollars apiece they
have not been ashamed to receive were not reward enough, that
I am disposed to consider as right, whatever is the reverse of
what they have done. Since fortune has put the occasion upon
us, is it not incumbent upon us so to dispense this benefit to the
farmers of our country, as to put to shame those who, forgetting
their own wealth and the honest simplicity of the farmers, have
thought them fit objects of the shaving art, and to excite, by a
better example, the condemnation due to theirs? No sentiment
is more acknowledged in the family of Agriculturists than that the
few who can afford it should incur the risk and expense of all
new improvements, and give the benefit freely to the many of
more restricted circumstances. The question then recurs, What
are we to do with them? I shall be willing to concur with you
in any plan you shall approve, and in order that we may have
some proposition to begin upon, I will throw out a first idea, to
be modified or postponed to whatever you shall think better.
Give all the full-blooded males we can raise to the different
counties of our State, one to each, as fast as we can furnish
them. And as there must be some rule of priority for the
distribution, let us begin with our own counties, which are contiguous
and nearly central to the State, and proceed, circle after
circle, till we have given a ram to every county. This will take
about seven years, if we add to the full descendants those which
will have past to the fourth generation from common ewes, to
make the benefit of a single male as general as practicable to
the county, we may ask some known character in each county
to have a small society formed which shall receive the animal
and prescribe rules for his care and government. We should retain
ourselves all the full-blooded ewes, that they may enable us
the sooner to furnish a male to every county. When all shall have
been provided with rams, we may, in a year or two more, be in a
condition to give an ewe also to every county, if it be thought necessary.
But I suppose it will not, as four generations from their
full-blooded ram will give them the pure race from common ewes.
In the meantime we shall not be without a profit indemnifying
our trouble and expense. For if of our present stock of
common ewes, we place with the ram as many as he may be
competent to, suppose fifty, we may sell the male lambs of every
year for such reasonable price as, in addition to the wool, will
pay for the maintenance of the flock. The first year they will
be half bloods, the second three-quarters, the third seven-eights,
and the fourth full-blooded, if we take care in selling annually
half the ewes also, to keep those of highest blood, this will be
a fund for kindnesses to our friends, as well as for indemnification
to ourselves; and our whole State may thus, from this small
stock, so dispersed, be filled in a very few years with this valuable
race, and more satisfaction result to ourselves than money
ever administered to the bosom of a shaver. There will be
danger that what is here proposed, though but an act of ordinary
duty, may be perverted into one of ostentation, but malice
will always find bad motives for good actions. Shall we therefore
never do good? It may also be used to commit us with
those on whose example it will truly be a reproof. We may guard
against this perhaps by a proper reserve, developing our purpose
only by its execution.
Vive, vale, et siquid novisti rectius istis
Candidus imperti sinon, his ulere mecum.
Monticello, May 26, 1810.
Dear Sir,—Your friendly letter of the 12th has been duly
received. Although I have laid it down as a law to myself,
never to embarrass the President with my solicitations, and have
not till now broken through it, yet I have made a part of your
letter the subject of one to him, and have done it with all my
heart, and in the full belief that I serve him and the public in
urging that appointment. We have long enough suffered under
the base prostitution of law to party passions in one judge, and
the imbecility of another. In the hands of one the law is nothing
more than an ambiguous text, to be explained by his sophistry
into any meaning which may subserve his personal malice.
Nor can any milk-and-water associate maintain his own dependence,
and by a firm pursuance of what the law really is, extend
its protection to the citizens or the public. I believe you will do
it, and where you cannot induce your colleague to do what is
right, you will be firm enough to hinder him from doing what
is wrong, and by opposing sense to sophistry, leave the juries
free to follow their own judgment.
I have long lamented with you the depreciation of law science.
The opinion seems to be that Blackstone is to us what the
Alcoran is to the Mahometans, that everything which is necessary
is in him, and what is not in him is not necessary. I still lend
my counsel and books to such young students as will fix themselves
in the neighborhood. Coke's institutes and reports are
their first, and Blackstone their last book, after an intermediate
course of two or three years. It is nothing more than an elegant
digest of what they will then have acquired from the real
fountains of the law. Now men are born scholars, lawyers,
doctors; in our day this was confined to poets. You wish to
see me again in the legislature, but this is impossible; my mind
is now so dissolved in tranquillity, that it can never again encounter
a contentious assembly; the habits of thinking and speaking
off-hand, after a disuse of five and twenty years, have given
place to the slower process of the pen. I have indeed two great
measures at heart, without which no republic can maintain itself
in strength. 1. That of general education, to enable every
man to judge for himself what will secure or endanger his freedom.
2. To divide every county into hundreds, of such size
that all the children of each will be within reach of a central
school in it. But this division looks to many other fundamental
provisions. Every hundred, besides a school, should have a
justice of the peace, a constable and a captain of militia. These
officers, or some others within the hundred, should be a corporation
to manage all its concerns, to take care of its roads, its poor,
and its police by patroles, &c., (as the select men of the Eastern
townships.) Every hundred should elect one or two jurors to
serve where requisite, and all other elections should be made in
the hundreds separately, and the votes of all the hundreds be
brought together. Our present Captaincies might be declared
hundreds for the present, with a power to the courts to alter them
occasionally. These little republics would be the main strength
of the great one. We owe to them the vigor given to our revolution
in its commencement in the Eastern States, and by them
the Eastern States were enabled to repeal the embargo in opposition
to the Middle, Southern and Western States, and their
large and lubberly division into counties which can never be assembled.
General orders are given out from a centre to the foreman
of every hundred, as to the sergeants of an army, and the
whole nation is thrown into energetic action, in the same direction
in one instant and as one man, and becomes absolutely irresistible.
Could I once see this I should consider it as the
dawn of the salvation of the republic, and say with old Simeon,
"nune dimittas Domine." But our children will be as wise as
we are, and will establish in the fulness of time those things
not yet ripe for establishment. So be it, and to yourself health,
happiness and long life.
Monticello, July 13, 1810.
Sir,—I have been honored with your letter of the 25th ult.,
and have to return you my thanks for those of Madame de Tessé
and General Lafayette, and for the print of Baron Humboldt, all
of which are come safely to hand, and present to me the proofs
and recollections of their much-valued friendships. To these
acknowledgments, permit me to add my congratulations on your
safe arrival in the United States, after journeys and voyages which,
from their length, cannot have been pleasant. If, after this, it
shall be found that a change of twenty degrees of latitude shall
have no unfavorable influence on your health, it will furnish
double cause of felicitation.
I am much flattered by the kind notice of the Emperor, which
you have been so obliging as to communicate to me. The approbation
of the good is always consoling; but that of a sovereign
whose station and endowments are so pre-eminent, is received
with the sensibility which the veneration for his character inspires.
Among other motives of commiseration which the calamities
of Europe cannot fail to excite in every virtuous mind, the
interruption which these have given to the benevolent views of
the Emperor is prominent. The accession of a sovereign, with
the dispositions and qualifications to improve the condition of a
great nation, and to place its happiness on a permanent basis, is
a phenomenon so rare in the annals of mankind, that, when the
blessing occurs, it is lamentable that any portion of it should be
usurped by occurrences of the character of those we have seen.
If, separated from these scenes by an ocean of a thousand leagues
breadth, they have required all our cares to keep aloof from their
desolating effects, I can readily conceive how much more they
must occupy those to whose territories they are contiguous.
That the Emperor may be able, whenever a pacification takes
place, to show himself the father and friend of the human race,
to restore to nations the moral laws which have governed their
intercourse, and to prevent, forever, a repetition of those ravages
by sea and land, which will distinguish the present as an age of
Vandalism, I sincerely pray.
I consider as a happy augury, the choice which the Emperor
has made of a person to reside near our government, so distinguished
by his dispositions and qualifications to cherish the
friendship and the interests of both nations. With my best
wishes that your residence among us may be rendered entirely
agreeable, and be accompanied with the blessing of health, accept
the assurances of my great respect and consideration.
Monticello, July 15, 1810.
Sir,—I am honored with your letter of the 12th of January,
and although the work you therein mention is not yet come to
hand, I avail myself of an occasion, now rendered rare and precarious
between our two countries, of anticipating the obligation
I shall owe for the pleasure I shall have in perusing it, and of
travelling over with you the important scenes, quorum pars minima
fui, scenes which have given an impulsion to the world,
which, as to ourselves, has been a great blessing, but whether to
Europe or not, can only be estimated by him who sees the future
as well as the present and past. We are certainly indebted to
those who think our revolution worthy of their pen, and who will
do justice to our actions and motives; and to yourself I have no
doubt we shall owe this obligation, and I now make you my acknowledgments
with confidence and pleasure. It will be a worthy
preface to the history of this age of revolutions, to be ended we
know not when nor how. I pray you to accept the assurances
of my great respect and consideration.
Monticello, July 16, 1810.
Sir,—An indispensable piece of business which has occupied
me for a month past, obliged me to suspend all correspondence
during that time. This must apologize for my late acknowledgment
of your favor of May 19th, and for the tardy expression of
my thanks for so much of the papers you enclosed as respected
myself. The approbation of my political conduct by my republican
countrymen generally, is a pillow of sweet repose to me,
undisturbed by the noise of the enemies to our form of government.
The political sentiments expressed by your society are
in the pure spirit of the principles of our revolution; so long as
these prevail, we are safe from everything which can assail us
from without or within.
Your several communications on the first meridian, have been
regularly handed to the Philosophical Society; not corresponding
regularly with any of the members, I have received no information
respecting them. I have formerly observed to you that
while I entertain no doubt of their accuracy, my own familiarity
with the subject had been too long suspended, to enable me to
render a critical opinion on them. My occupations here are almost
exclusively given to my farm and affairs. They furnish
me exercise, health and amusement, and with the recreations of
family and neighborly society, fill up most of my time, and give
a tranquillity necessary to my time of life. With my best wishes
for your prosperity, accept the assurances of my esteem and respect.
Monticello, July 16, 1810.
Dear General and Friend,—Your favor of May the 31st
was duly received, and I join in congratulations with you on the
resurrection of republican principles in Massachusetts and New
Hampshire, and the hope that the professors of these principles
will not again easily be driven off their ground. The federalists,
during their short-lived ascendency, have nevertheless, by
forcing us from the embargo, inflicted a wound on our interests
which can never be cured, and on our affections which will require
time to cicatrize. I ascribe all this to one pseudo-republican,
Story. He came on (in place of Crowningshield, I believe)
and staid only a few days; long enough, however, to get complete
hold of Bacon, who, giving in to his representations, became
panic-struck, and communicated his panic to his colleagues,
and they to a majority of the sound members of Congress. They
believed in the alternative of repeal or civil war, and produced
the fatal measure of repeal. This is the immediate parent of
all our present evils, and has reduced us to a low standing in the
eyes of the world. I should think that even the federalists themselves
must now be made, by their feelings, sensible of their
error. The wealth which the embargo brought home safely, has
now been thrown back into the laps of our enemies, and our navigation
completely crushed, and by the unwise and unpatriotic
conduct of those engaged in it. Should the orders prove genuine,
which are said to have been given against our fisheries, they too
are gone; and if not true as yet, they will be true on the first
breeze of success which England shall feel, for it has now been
some years that I am perfectly satisfied her intentions have been
to claim the ocean as her conquest, and prohibit any vessel from
navigating it, but on such a tribute as may enable her to keep up
such a standing navy as will maintain her dominion over it. She
has hauled in, or let herself out, been bold or hesitating, according
to occurrences, but has in no situation done anything which
might amount to a relinquishment of her intentions. I have
ever been anxious to avoid a war with England, unless forced by
a situation more losing than war itself. But I did believe we
could coerce her to justice by peaceable means, and the embargo,
evaded as it was, proved it would have coerced her had it been
honestly executed. The proof she exhibited on that occasion,
that she can exercise such an influence in this country as to control
the will of its government and three-fourths of its people,
and oblige the three-fourths to submit to one-fourth, is to me the
most mortifying circumstance which has occurred since the establishment
of our government. The only prospect I see of lessening
that influence, is in her own conduct, and not from anything
in our power. Radically hostile to our navigation and commerce,
and fearing its rivalry, she will completely crush it, and force us
to resort to agriculture, not aware that we shall resort to manufactures
also, and render her conquests over our navigation and
commerce useless, at least, if not injurious to herself in the end,
and perhaps salutary to us, as removing out of our way the chief
causes and provocations to war.
But these are views which concern the present and future generation,
among neither of which I count myself. You may live
to see the change in our pursuits, and chiefly in those of your
own State, which England will effect. I am not certain that the
change on Massachusetts, by driving her to agriculture, manufactures
and emigration, will lessen her happiness. But once more
to be done with politics. How does Mrs. Dearborne do? How
do you both like your situation? Do you amuse yourself with
a garden, a farm, or what? That your pursuits, whatever they
be, may make you both easy, healthy and happy, is the prayer
of your sincere friend.
Monticello, August 6, 1810.
Dear Sir,—The tardiness of acknowledging the receipt of
your favor of May 10th will I fear induce a presumption that I
have been negligent of its contents, but I assure you I lost not a
moment in endeavoring to fulfil your wishes in procuring a good
geological correspondent in this State. I could not offer myself,
because of all the branches of science it was the one I had the
least cultivated. Our researches into the texture of our globe
could be but so superficial, compared with its vast interior construction,
that I saw no safety of conclusion from the one, as to
the other; and therefore have pointed my own attentions to other
objects in preference, as far as a heavy load of business would
permit me to attend to anything else. Looking about, therefore,
among my countrymen for some one who might answer your
views, I fixed on Mr. Joseph C. Cabell, not long since returned
from France, where he had attended particularly to chemistry,
and had also attended Mr. Maclure in some of his geological expeditions,
as best qualified. I wrote to him; unfortunately he
was from home, and did not return till the latter end of July. I
received his answer since our last post only. A diffidence in his
qualifications to be useful to you, has induced him to decline the
undertaking, having, as he assures me, paid no particular attention
to that branch of science. I have in vain looked over our
State for some other person who might contribute to your views.
As yet I can think of nobody; and whatever may be the result
of further inquiry, I have thought I ought not longer to delay
informing you of my unsuccessful efforts so far. Should I be
able to find a subject worthy of your correspondence, I shall not
fail to engage him in it, and to give you notice. I thank you
for the case of Dempsy v. the Insurers, which I have read with
great pleasure, and entire conviction. Indeed it is high time to
withdraw all respect from courts acting under the arbitrary orders
of governments who avow a total disregard to those moral
rules which have hitherto been acknowledged by nations, and
have served to regulate and govern their intercourse. I should
respect just as much the rules of conduct which governed Cartouche
or Blackbeard, as those now acted on by France or England.
If your argument is defective in anything, it is in having
paid to the antecedent decisions of the British courts of Admiralty,
the respect of examining them on grounds of reason;
and the not having rested the decision at once on the profligacy
of those tribunals, and openly declared against permitting their
sentences to be ever more quoted or listened to until those nations
return to the practice of justice, to an acknowledgment
that there is a moral law which ought to govern mankind, and
by sufficient evidences of contrition for their present flagitiousness,
make it safe to receive them again into the society of civilized
nations. I hope this will still be done on a proper occasion.
Yet knowing that religion does not furnish grosser bigots than
law, I expect little from old judges. Those now at the bar may
be bold enough to follow reason rather than precedent and may
bring that principle on the bench when promoted to it; but I
fear this effort is not for my day. It has been said that when
Harvey discovered the circulation of the blood, there was not a
physician of Europe of forty years of age, who ever assented to
it. I fear you will experience Harvey's fate. But it will become
law when the present judges are dead. Wishing you
health and happiness at all times, accept the assurances of my
constant and great esteem and respect.
Monticello, August 12, 1810.
Sir,—Your letter of July 16th has been duly received, with
the paper it enclosed, for which accept my thanks, and especially
for the kind sentiments expressed towards myself. These testimonies
of approbation, and friendly remembrance, are the highest
gratifications I can receive from any, and especially from
those in whose principles and zeal for the public good I have
confidence. Of that confidence in yourself the military appointment
to which you allude was sufficient proof, as it was made,
not on the recommendations of others, but on our own knowledge
of your principles and qualifications. While I cherish with
feeling the recollections of my friends, I banish from my mind
all political animosities which might disturb its tranquillity, or
the happiness I derive from my present pursuits. I have thought
it among the most fortunate circumstances of my late administration
that, during its eight years continuance, it was conducted
with a cordiality and harmony among all the members, which
never were ruffled on any, the greatest or smallest occasion. I
left my brethren with sentiments of sincere affection and friendship,
so rooted in the uniform tenor of a long and intimate intercourse,
that the evidence of my own senses alone ought to be
permitted to shake them. Anxious, in my retirement, to enjoy
undisturbed repose, my knowledge of my successor and late coadjutors,
and my entire confidence in their wisdom and integrity,
were assurances to me that I might sleep in security with such
watchmen at the helm, and that whatever difficulties and dangers
should assail our course, they would do what could be done
to avoid or surmount them. In this confidence I envelope myself,
and hope to slumber on to my last sleep. And should difficulties
occur which they cannot avert, if we follow them in phalanx,
we shall surmount them without danger.
I have been long intending to write to you as one of the associated
company for printing useful works.
Our laws, language, religion, politics and manners are so deeply
laid in English foundations, that we shall never cease to consider
their history as a part of ours, and to study ours in that as its
origin. Every one knows that judicious matter and charms of
style have rendered Hume's history the manual of every student.
I remember well the enthusiasm with which I devoured it when
young, and the length of time, the research and reflection which
were necessary to eradicate the poison it had instilled into my
mind. It was unfortunate that he first took up the history of
the Stuarts, became their apologist, and advocated all their enormities.
To support his work, when done, he went back to the
Tudors, and so selected and arranged the materials of their history
as to present their arbitrary acts only, as the genuine samples
of the constitutional power of the crown, and, still writing
backwards, he then reverted to the early history, and wrote the
Saxon and Norman periods with the same perverted view. Although
all this is known, he still continues to be put into the
hands of all our young people, and to infect them with the
poison of his own principles of government. It is this book
which has undermined the free principles of the English government,
has persuaded readers of all classes that these were usurpations
on the legitimate and salutary rights of the crown, and
has spread universal toryism over the land. And the book will
still continue to be read here as well as there. Baxter, one of
Horne Tooke's associates in persecution, has hit on the only
remedy the evil admits. He has taken Hume's work, corrected
in the text his misrepresentations, supplied the truths which he
suppressed, and yet has given the mass of the work in Hume's
own words. And it is wonderful how little interpolation has
been necessary to make it a sound history, and to justify what
should have been its title, to wit, "Hume's history of England
abridged and rendered faithful to fact and principle." I cannot
say that his amendments are either in matter or manner in the
fine style of Hume. Yet they are often unperceived, and occupy
so little of the whole work as not to depreciate it. Unfortunately
he has abridged Hume, by leaving out all the less important
details. It is thus reduced to about one half its original size.
He has also continued the history, but very summarily, to 1801.
The whole work is of 834 quarto pages, printed close, of which
the continuation occupies 283. I have read but little of this
part. As far as I can judge from that little, it is a mere chronicle,
offering nothing profound. This work is so unpopular, so distasteful
to the present Tory palates and principles of England,
that I believe it has never reached a second edition. I have
often inquired for it in our book shops, but never could find a
copy in them, and I think it possible the one I imported may be
the only one in America. Can we not have it re-printed here?
It would be about four volumes 8vo.
I have another enterprise to propose for some good printer. I
have in my possession a MS. work in French, confided to me by
a friend, whose name alone would give it celebrity were it permitted
to be mentioned. But considerations insuperable forbid
that. It is a Commentary and Review of Montesquieu's Spirit
of Laws. The history of that work is well known. He had
been a great reader, and had commonplaced everything he read.
At length he wished to undertake some work into which he could
bring his whole commonplace book in a digested form. He
fixed on the subject of his Spirit of Laws, and wrote the book.
He consulted his friend Helvetius about publishing it, who strongly
dissuaded it. He published it, however, and the world did not
confirm Helvetius' opinion. Still, every man who reflects as he
reads, has considered it as a book of paradoxes; having, indeed,
much of truth and sound principle, but abounding also with inconsistencies,
apochryphal facts and false inferences. It is a correction
of these which has been executed in the work I mention,
by way of commentary and review; not by criticising words or
sentences, but by taking a book at a time, considering its general
scope, and proceeding to confirm or confute it. And much of
confutation there is, and of substitution of true for false principle,
and the true principle is ever that of republicanism. I will
not venture to say that every sentiment in the book will be approved,
because, being in manuscript, and the French characters,
I have not read the whole, but so much only as might enable me
to estimate the soundness of the author's way of viewing his
subject; and, judging from that which I have read, I infer with
confidence that we shall find the work generally worthy of our
high approbation, and that it everywhere maintains the preëminence
of representative government, by showing that its foundations
are laid in reason, in right, and in general good. I had expected
this from my knowledge of the other writings of the
author, which have always a precision rarely to be met with.
But to give you an idea of the manner of its execution, I translate
and enclose his commentary on Montesquieu's eleventh book,
which contains the division of the work. I wish I could have
added his review at the close of the twelve first books, as this
would give a more complete idea of the extraordinary merit of
the work. But it is too long to be copied. I add from it, however,
a few extracts of his reviews of some of the books, as specimens
of his plan and principles. If printed in French, it would
be of about 180 pages 8vo, or 23 sheets. If any one will undertake
to have it translated and printed on their own account, I
will send on the MS. by post, and they can take the copyright as
of an original work, which it ought to be understood to be. I
am anxious it should be ably translated by some one who possesses
style as well as capacity to do justice to abstruse conceptions.
I would even undertake to revise the translation if required.
The original sheets must be returned to me, and I should
wish the work to be executed with as little delay as possible.
I close this long letter with assurances of my great esteem and
respect.
Monticello, August 16, 1810.
Dear Sir,—Yours of July 14th, with the welcome paper it
covered, has been most thankfully received. I had before received
from your office and that of State, all the printed publications
on the subject of the batture, that is to say, the opinion of
the Philadelphia lawyers and of G. Livingston himself, the publications
of Derbigny, Thierry, Poydras, and the pièces probantes.
I had been very anxious to get Moreau's memoire, which is only
in manuscript, having heard it was the best of all. After waiting
long and in vain for it, I was informed by my counsel that
they were ruled to plead, and must be furnished with the grounds
of defence. I was obliged, therefore, to take up the subject—had
got through it and put it into the hands of Mr. Hay, when
the observations you were so kind as to furnish, came to hand.
Although it was too late to give to everything its shape which
these, at an earlier stage, might have suggested, I was still enabled
to avail myself of them usefully. The question of the chancery
jurisdiction of the Orleans judges had particularly escaped
me, and entirely. When Mr. Hay returned the paper therefore, I
was enabled, by re-copying a sheet or two at the close, to introduce
this question in its proper place. I had also, till then, been
uninformed of the circumstances under which Bertrand Gravier
left France, and therefore had not been aware of the reasons for
which John Gravier had chosen to come in by purchase. This
information enabled me to extend and strengthen much of what
I had before said on that subject; and by interleaving and recopying
a part, to get that also into its proper place. On the
whole, you will see, with the benefit of these amendments, what
I had conceived to be a true statement of the fact and law of the
case. But the paper is very voluminous, and I could not shorten
it. It is now in the hands of the President, who will enclose it
to you by the same post which carries this; when you shall have
perused it, be so good as to re-enclose it to me, as I wish to submit
it to our other fellow-laborers, after such amendments as Mr.
Madison and yourself will be so good as to suggest. I wish the
ground I take to meet all your approbations. The uninformed
state in which the debates of the last session proved Congress to
be, as to this case, makes me fear they may, at the next, under
the intrigues and urgency of Livingston, be induced to take some
step which might have an injurious effect on the opinion of a
jury. I think, therefore, to ask a member or two of each house
to read this statement, merely to make themselves masters of the
subject, and be enabled to prevent any unfavorable interference
of Congress. Perhaps, if they see the case in the light I do,
they may think of doing more—of having the Attorney General
desired to attend to the case as of public concern: for really it
is so. I have no concern at all in maintaining the title to the
batture. It would be totally unnecessary for me to employ counsel
to go into the question at all for my own defence. That is
solidly built on the simple fact, that if I were in error, it was
honest, and not imputable to that gross and palpable corruption or
injustice which makes a public magistrate responsible to a private
party. I know that even a federal jury could not find a verdict
against me on this head. But I go fully into the question of title,
because our characters are concerned in it, and because it involves
a most important right of the citizens, and one which, if decided
against them, would be a precedent of incalculable evil. The
detention, too, has been so long the act of Congress itself, that for
this reason I have supposed they might think it entitled to their
attention, and direct the Attorney General to take care of the public
interest in it, as has lately been done by the House of Commons,
in the action of Sir Francis Burdett against their Speaker.
But on this subject I wish to be advised by yourself and my
other friends, rather than trust to my own judgment, too likely
to be under bias. If I send the case to be perused by two or
three members, it will be under a strong injunction not to let its
contents get into other hands, my counsel having strongly advised
against apprizing them of the topics of defence, as well from apprehensions
of subornation of witnesses as to material facts, as
from other considerations. Pray advise me on this head. My
counsel are Hay, Wist and Janewell.
I have seen with infinite grief the set which is made at you
in the public papers, and with the more as my name has been so
much used in it. I hope we both know one another too well to
receive impression from circumstances of this kind. A twelve
years' intimate and friendly intercourse must be better evidence
to each of the dispositions of the other than the letters of
foreign ministers to their courts, or tortured influences from facts
true or false. I have too thorough a conviction of your cordial
good will towards me, and too strong a sense of the faithful and
able assistance I received from you, to relinquish them on any
evidence but of my own senses. With entire faith in your assurance
of these truths, I shall add those only of my constant affection
and high respect.
Monticello, September 16, 1810.
Dear Sir,—Your favor of August 17th arrived the day after
I had left this place on a visit to one I have near Lynchburg,
from whence I am but lately returned. The history of England
you describe is precisely Baxter's, of which I wrote you; and if
you compare him with Hume, you will find the text preserved
verbatim, with particular exceptions only. The French work
will accompany this letter. Since writing to you I have gone
over the whole, and can assure you it is the most valuable political
work of the present age. In some details we all may differ
from him or from one another, but the great mass of the work is
highly sound. Its title would be "A Commentary on Montesquieu's
Spirit of Laws;" perhaps the words "and Review" might
be inserted at the——. Helvetius' letter on the same work
should be annexed, if it can possibly be procured. It was contained
in a late edition of the works of Helvetius published by
the Abbé de la Roche. Probably that edition might be found.
I never before heard of Williams' lectures on Montesquieu, but
I am glad to hear of everything which reduces that author to
his just level, as his predilection for monarchy, and the English
monarchy in particular, has done mischief everywhere, and here
also, to a certain degree. With respect to the Notes on Virginia,
I do contemplate some day the making additions and corrections
to them; but I am inclined to take the benefit of my
whole life to make collections and observations, and let the editing
them be posthumous. The anecdote respecting the paper
put into my hands by Dr. Franklin has not been handed to you
with entire correctness. I returned from France in December
1789, and in March following I went on to New York to take
the post assigned me in the new government. On my way
through Philadelphia I called on Dr. Franklin, who was then
confined to his bed. As the revolution had then begun, indeed
was supposed to be closed by the completion of a constitution,
and he was anxious to know the part all his acquaintances had
taken, he plied me with questions for an hour or two with a vivacity
and earnestness which astonished me. When I had satisfied
his inquiries, I observed to him that I had heard, and with
great pleasure, that he had began the history of his own life, and
had brought it down to the revolution, (for so I had heard while
in Europe.) "Not exactly so," said he, "but I will let you see
the manner in which I do these things." He then desired one
of his small grand-children who happened to be in the room, to
bring him such a paper from the table. It was brought, and he
put it into my hands and said, "there, put that into your pocket
and you will see the manner of my writing." I thanked him
and said "I should read it with great pleasure, and return it to
him safely." "No," said he, "keep it." I took it with me
to New York. It was, as well as I recollect, about a quire
of paper, in which he had given, with great minuteness, all the
details of his negotiations (informal) in England, to prevent
their pushing us to extremities. These were chiefly through
Lord Howe and a lady, I think the sister of Lord Howe, but of
this I am not certain; but I remember noting the particulars
of her conversation as marking her as a woman of very superior
understanding. He gave all the conversations with her and Lord
Howe, and all the propositions he passed through them to their
minister, the answers and conversations with the minister reported
through them, his endeavors used with other characters,
whether with the ministers directly I do not recollect; but I remember
well that it appeared distinctly from what was brought
to him from the ministers, that the real obstacle to their meeting
the various overtures he made was the prospect of great confiscations
to provide for their friends, and that this was the real
cause of the various shiftings and shufflings they used to evade
his propositions. Learning, on his death, which happened soon
after, that he had bequeathed all his unpublished writings to his
grandson, W. T. Franklin, with a view to the emolument he
might derive from their publication, I thought this writing was
fairly his property, and notified to him my possession of it, and
that I would deliver it to his order. He soon afterwards called
on me at New York, and I delivered it to him. He accepted it,
and, while putting it into his pocket, observed that his grandfather
had retained another copy which he had found among his papers.
I did not reflect on this till suspicions were circulated that
W. T. F. had sold these writings to the British Minister. I then
formed the belief that Dr. Franklin had meant to deposit this
spare copy with me in confidence that it would be properly taken
care of, and sincerely repented the having given it up; and I
have little doubt that this identical paper was the principal object
of the purchase by the British government, and the unfortunate
cause of the suppression of all the rest. I do not think I have
any interesting papers or facts from Dr. Franklin. Should any occur
at any time, I will communicate them freely, nobody wishing
more ardently that the public could be possessed of everything
that was his or respected him, believing that a greater or
better character has rarely existed. I am happy to learn that his
blood shows itself in the veins of the two of his great grandchildren
whom you mention. But I should think medicine the
best profession for a genius resembling his, as that of the elder
is supposed to do. I have received information of Pestalozzi's
mode of education from some European publications, and from
Mr. Keefe's book which shows that the latter possesses both the
talents and the zeal for carrying it into effect. I sincerely wish
it success, convinced that the information of the people at large
can alone make them the safe, as they are the sole depository of
our political and religious freedom. The idea of antimony in
this neighborhood is, I believe, without foundation. Some
twenty or thirty years ago a mineral was found about ten miles
from this place, which one of those idle impostors, who call
themselves mine-hunters, persuaded the proprietor was gold ore.
The poor man lost a crop in digging after it. After fruitless assays
of the mineral, some other person, knowing as little of the
matter, fancied it must be antimony. A third idea was that it
was black lead. It was abandoned, and the mine hole filled up,
nor can we at this day hear of any piece of the mineral in possession
of any one.
You say in your letter that you will send me the proofs of the
commentary on Montesquieu for revisal. It is only the translation
I should wish to revise. I feel myself answerable to the
author for a correct publication of his ideas. The translated
sheets may come by post as they are finished off; they shall be
promptly returned, the originals coming with them. Accept the
assurances of my esteem and respect.
Monticello, September 20, 1810.
Sir,—Your favor of the 14th has been duly received, and I
have to thank you for the many obliging things respecting myself
which are said in it. If I have left in the breasts of my
fellow citizens a sentiment of satisfaction with my conduct in the
transaction of their business, it will soften the pillow of my repose
through the residue of life.
The question you propose, whether circumstances do not sometimes
occur, which make it a duty in officers of high trust, to
assume authorities beyond the law, is easy of solution in principle,
but sometimes embarrassing in practice. A strict observance
of the written laws is doubtless one of the high duties of a good
citizen, but it is not the highest. The laws of necessity, of self-preservation,
of saving our country when in danger, are of higher
obligation. To lose our country by a scrupulous adherence to
written law, would be to lose the law itself, with life, liberty,
property and all those who are enjoying them with us; thus absurdly
sacrificing the end to the means. When, in the battle of
Germantown, General Washington's army was annoyed from
Chew's house, he did not hesitate to plant his cannon against it,
although the property of a citizen. When he besieged Yorktown,
he leveled the suburbs, feeling that the laws of property
must be postponed to the safety of the nation. While the army
was before York, the Governor of Virginia took horses, carriages,
provisions and even men by force, to enable that army to stay
together till it could master the public enemy; and he was justified.
A ship at sea in distress for provisions, meets another having
abundance, yet refusing a supply; the law of self-preservation
authorizes the distressed to take a supply by force. In all
these cases, the unwritten laws of necessity, of self-preservation,
and of the public safety, control the written laws of meum and
tuum. Further to exemplify the principle, I will state an hypothetical
case. Suppose it had been made known to the Executive
of the Union in the autumn of 1805, that we might have the
Floridas for a reasonable sum, that that sum had not indeed been
so appropriated by law, but that Congress were to meet within
three weeks, and might appropriate it on the first or second day
of their session. Ought he, for so great an advantage to his country,
to have risked himself by transcending the law and making
the purchase? The public advantage offered, in this supposed
case, was indeed immense; but a reverence for law, and the probability
that the advantage might still be legally accomplished by
a delay of only three weeks, were powerful reasons against
hazarding the act. But suppose it foreseen that a John Randolph
would find means to protract the proceeding on it by Congress,
until the ensuing spring, by which time new circumstances would
change the mind of the other party. Ought the Executive, in
that case, and with that foreknowledge, to have secured the good
to his country, and to have trusted to their justice for the transgression
of the law? I think he ought, and that the act would
have been approved. After the affair of the Chesapeake, we
thought war a very possible result. Our magazines were illy provided
with some necessary articles, nor had any appropriations
been made for their purchase. We ventured, however, to provide
them, and to place our country in safety; and stating the
case to Congress, they sanctioned the act.
To proceed to the conspiracy of Burr, and particularly to General
Wilkinson's situation in New Orleans. In judging this
case, we are bound to consider the state of the information, correct
and incorrect, which he then possessed. He expected Burr
and his band from above, a British fleet from below, and he
knew there was a formidable conspiracy within the city. Under
these circumstances, was he justifiable, 1st, in seizing notorious
conspirators? On this there can be but two opinions;
one, of the guilty and their accomplices; the other, that of all
honest men. 2d. In sending them to the seat of government,
when the written law gave them a right to trial in the territory?
The danger of their rescue, of their continuing their machinations,
the tardiness and weakness of the law, apathy of the
judges, active patronage of the whole tribe of lawyers, unknown
disposition of the juries, an hourly expectation of the enemy,
salvation of the city, and of the Union itself, which would have
been convulsed to its centre, had that conspiracy succeeded; all
these constituted a law of necessity and self-preservation, and
rendered the salus populi supreme over the written law. The
officer who is called to act on this superior ground, does indeed
risk himself on the justice of the controlling powers of the constitution,
and his station makes it his duty to incur that risk. But
those controlling powers, and his fellow citizens generally, are
bound to judge according to the circumstances under which he
acted. They are not to transfer the information of this place or
moment to the time and place of his action; but to put themselves
into his situation. We knew here that there never was
danger of a British fleet from below, and that Burr's band was
crushed before it reached the Mississippi. But General Wilkinson's
information was very different, and he could act on no
other.
From these examples and principles you may see what I think
on the question proposed. They do not go to the case of persons
charged with petty duties, where consequences are trifling,
and time allowed for a legal course, nor to authorize them to
take such cases out of the written law. In these, the example
of overleaping the law is of greater evil than a strict adherence
to its imperfect provisions. It is incumbent on those only who
accept of great charges, to risk themselves on great occasions,
when the safety of the nation, or some of its very high interests
are at stake. An officer is bound to obey orders; yet he would
be a bad one who should do it in cases for which they were not
intended, and which involved the most important consequences.
The line of discrimination between cases may be difficult; but
the good officer is bound to draw it at his own peril, and throw
himself on the justice of his country and the rectitude of his
motives.
I have indulged freer views on this question, on your assurances
that they are for your own eye only, and that they will
not get into the hands of newswriters. I met their scurrilities
without concern, while in pursuit of the great interests with
which I was charged. But in my present retirement, no duty
forbids my wish for quiet.
Accept the assurances of my esteem and respect.
Monticello, September 22, 1810.
Dear Sir,—I have wanted the occasion of the present enclosure
to perform the duty of my thanks for the kind communication
of papers from your office in the question between
Livingston and myself. These have mainly enabled me to give
a correct statement of facts. I deferred proceeding to a particular
consideration of the case in hopes of the aid of Moreau's Memoire,
which I have understood to be the ablest which has been
written. But I was at length forced to proceed without it, my
counsel informing me they were ruled to plead, and must therefore
know the grounds of defence. You will see what I have
made of it by the enclosed, which I forward in the hope you
will consider and correct it. I have done this the rather because I
presume all my fellow laborers feel an interest in what all approved,
and because I think I should urge nothing which they
disapprove. Will you then do me the favor to put on paper such
corrections as you would advise, and forward them to me, handing
on the enclosed paper at the same time to Mr. Rodney?
I wrote him by this post that he may expect it from you, and I
ask the same favor of correction from him, and above all to delay
as little as possible, because time presses to give to this paper
its ultimate form. My counsel press me earnestly not to let the
topics of defence get out, so as to be known to the adversary.
Although I know Congress will be strongly urged, yet I hope
they will take no measure which may impress a jury unfavorably,
by inferences not intended. And were the case to be
thought to belong to the public, still I believe it better they
should let it come on, on the footing of a private action. I pray
you to be assured of my constant affection and respect.
September 26th. Sent a P. S. verbatim, the same as that to
Mr. Rodney.
Monticello, September 25, 1810.
Dear Sir,—I have to thank you for your kind letter of June
8th, and the suggestions it furnished on the question whether
Livingston could maintain an action in Richmond for a trespass
committed in Orleans. This being a question of common law,
I leave it to my counsel so much more recent than I am in that
branch of law. I have undertaken to furnish them with the
grounds of my defence under the lex loci. I wished for the aid
of Moreau's Memoire because it is understood to be the ablest of
any. However, my counsel being ruled to plead, and pressing
me for the grounds of defence, I proceeded to consider the case,
meaning at first only an outline, but I got insensibly into the
full discussion, which became very voluminous, and the more so
as it was necessary not only to enter all the authorities at large
in the text, because few possess them, but also translations of
them, because all do not understand all the languages in which
they are. Believing my late associates in the executive would
feel an interest in the justification of a conduct in which all concurred,
and also in the issue of it, I have thought it a duty
to consult them as to the grounds to be taken, and to take
none against their advice. My statement has therefore been
submitted to the President, Mr. Smith and Mr. Gallatin, and will
be forwarded to you by Mr. Smith as soon as he shall have read
it. I have to request your consideration and corrections of it,
and that you will be so good as to furnish them on a separate paper.
I am obliged also to ask an immediate attention to them,
because time presses to give to this paper its ultimate shape, to
plead, and collect the evidence. Its early return to me therefore
is urging. I do not know whether my counsel (Hay, Wist and
Tazewell) have pleaded to the jurisdiction. * * * * *
The death of Cushing is opportune, as it gives an opening for at
length getting a republican majority on the supreme bench. Ten
years has the anti-civism of that body been bidding defiance to
the spirit of the whole nation, after they had manifested their
will by reforming every other branch of the government. I
trust the occasion will not be lost; Bidwell's disgrace withdraws
the ablest man of the section in which Cushing's successor must
be named. The pure integrity, unimpeachable conduct, talents
and republican firmness of Lincoln, leave him now, I think,
without a rival. He is thought not an able common lawyer.
But there is not and never was an able one in the New England
States. Their system is sui generis, in which the common law
is little attended to. Lincoln is one of the ablest in their system,
and it is among them he is to execute the great portion of
his duties. Nothing is more material than to complete the reformation
of the government by this appointment, which may truly
be said to be putting the keystone into the arch. In my statement
of the law of Livingston's case, I do not pretend to consider
every argument as perfectly sound. I have, as is usual,
availed myself of some views, which may have a weight with
others which they have not with me. I have no right to assume
infallibility, and I present them, therefore, ut valcant ubi possint.
Accept the assurances of my constant and affectionate esteem.
P. S., September 26. In my letter of yesterday, I have omitted
to observe, with respect to the arrangement of materials in
the paper it speaks of, that it is not such as counsel would employ
in pleading a cause. It was determined by other considerations.
I thought it very possible the case might be dismissed
out of court by a plea to the jurisdiction. I determined, on this
event, to lay it before the public, either directly or through Congress.
Respect for my associates, for myself, for our nation,
would not permit me to come forward, as a criminal under accusation,
to plead and argue a cause. This was not my situation.
This would naturally be by way of narrative or statement of the
facts in their order of time, establishing these facts as they occur,
and bringing forward the law arising on them, and pointing to the
Executive the course he was to pursue. I supposed it more dignified
to present it as a history and explanation of what had taken
place. It does not, indeed, in that form, display the subject in
one great whole, but it brings forward successively a number of
questions, solving themselves as they arise, and leaving no one
unexamined. And the mind, after travelling over the whole case,
and finding as it goes along that all has been considered and all
is right, rests in that state of satisfaction which it is our object to
produce. In truth, I have never known a case which presented
so many distinct questions, having no dependence on one another,
nor belonging even to the same branches of jurisprudence.
Monticello, September 27, 1810.
Dear Sir,—Yours of the 10th came safely to hand, and laid me
under new obligations for the valuable observations it contained.
The error of twelve feet instead of seven, for the rise of the batture,
really sautoit aux yeux, and how I could have committed
it at first, or passed it over afterwards without discovery, and having
copied Pelletier's plan myself, is unaccountable. I have
adopted also most of your other corrections. You observe that
the arguments proving the batture public, yet prove it of such a
character that it could not be within the scope of the law of
March 4th, against squatters. I should so adjudge myself; yet I
observe many opinions otherwise, and in defence against a spadassin,
it is lawful to use all weapons. Besides, I have no pretensions
to be exclusively the judge of what arguments are sound
and what not. I give them, therefore, that they may weigh with
those who think they have weight and have a right to decide for
themselves. That act of Congress, moreover, was evidently respected,
particularly in the order under which the removal was
made.
With respect to the arrangement of materials in my statement,
I know it is not such as counsel would employ in pleading such
a cause; it is not such as I would have made myself in that character;
it was determined by other considerations. I thought it
possible the case might be dismissed out of court by a plea to the
jurisdiction. I determined, on this event, to lay it before the
public, either directly or through Congress. Respect for my associates,
for myself, for our nation, would not permit me to come
forward, as a criminal under accusation, to plead and argue a
cause. This was not my situation. I had only to state to my
constituents a common transaction. This would naturally be by
way of narrative or statement of the facts, in their order of time,
establishing these facts as they occur, and bringing forward the
law arising on them and pointing to the Executive the course he
was to pursue. I suppose it more self-respectful to present it as
a history and explanation of what had taken place. It does not,
indeed, in that form, display the subject in one great whole, but
it brings forward successively a number of questions, solving
themselves as they arise, and leaving no one unexamined. And
the mind, after travelling over the whole case, and finding as it
goes along that all has been considered, and all is right, rests in
that state of satisfaction which it is our object to produce. In
truth, I have never known a case which presented so many distinct
questions, having no dependence on one another, nor belonging
even to the same branches of jurisprudence. After all, I
offer this as explanation, not justification of the order adopted.
* * * * * * * *
At length, then, we have a chance of getting a republican majority
in the Supreme Judiciary. For ten years has that branch
braved the spirit and will of the nation, after the nation had manifested
its will by a complete reform in every branch depending
on them. The event is a fortunate one, and so timed as to be a
God-send to me. I am sure its importance to the nation will be
felt, and the occasion employed to complete the great operation
they have so long been executing, by the appointment of a decided
republican, with nothing equivocal about him. But who
will it be? The misfortune of Bidwell removes an able man
from the competition. Can any other bring equal qualifications
to those of Lincoln? I know he was not deemed a profound
common lawyer; but was there ever a profound common lawyer
known in any of the Eastern States? There never was, nor
never can be one from those States. The basis of their law is
neither common nor civil; it is an original, if any compound can
so be called. Its foundation seems to have been laid in the spirit
and principles of Jewish law, incorporated with some words and
phrases of common law, and an abundance of notions of their own.
This makes an amalgam sui generis, and it is well known that
a man, first and thoroughly initiated into the principles of one
system of law, can never become pure and sound in any other.
Lord Mansfield was a splendid proof of this. Therefore, I say,
there never was, nor can be a profound common lawyer from
those States. Sullivan had the reputation of preëminence there as
a common lawyer. But we have his history of land titles, which
gives us his measure. Mr. Lincoln is, I believe, considered as
learned in their laws as any one they have. Federalists say that
Parsons is better. But the criticalness of the present nomination
puts him out of question. As the great mass of the functions of
the new judge are to be performed in his own district, Lincoln
will be most unexceptionable and acceptable there; and on the
supreme bench equal to any one who can be brought from thence;
add to this his integrity, political firmness and unimpeachable
character, and I believe no one can be found to whom there will
not be more serious objections.
You seem to think it would be best to ascertain the probable
result before making a proposition to Congress to defend Livingston's
suit. On mature consideration I think it better that no
such proposition should be made. The debates there would fix
the case as a party one, and we are the minority in the judiciary
department, and especially in the federal branch of it here. Till
Congress can be thoroughly put in possession of all the points in
the case, it is best they should let it lie. Livingston, by removing
it into the Judiciary, has fairly relinquished all claims on their
interference. I am confident that Congress will act soundly,
whenever we can give them a knowledge of the whole case.
But I tire you with this business, and end therefore with repeating
assurances of my constant attachment and respect.
Monticello, October 9, 1810.
Sir,—I duly received your letter of September 10th, and return
you thanks for that and the pamphlet you were so kind as
to enclose me. The health you enjoy at so good an old age, and
the strength of mind evidenced in your pamphlet, are subjects of
congratulation to yourself and of thankfulness to him who gives
them. I am sorry that a professor of religion should have given
occasion for such a censure. It proves he has much to conquer
in his own uncharitableness, and that it is not from him his flock
are to learn not to bear false witness against their neighbor. But
as to so much of his pulpit philippic as concerns myself I freely
forgive him; for I feel no falsehood and fear no truth. That
you may long continue to enjoy health, happiness and a sound
mind, is my sincere prayer.
Monticello, November 13, 1810.
Dear Sir,—Your third packet is received before the second
had been returned. It is now enclosed, and the other shall go
by the next post. I find, as before, nothing to correct but those
errors of the copyist which you would have corrected yourself
before committed to the press. If it were practicable to send me
the original sheets with the translated, perhaps my equal familiarity
with both languages might enable me sometimes to be of
some advantage; but I presume that might be difficult, and of
little use, scarcely perhaps of any. I thank you for the copy of
Williams. I have barely dipped into it a little. Enough, however,
to see he is far short of the luminous work you are printing.
Indeed I think that the most valuable work of the present
age. I received from Williams, some years ago, his book on the
claims of authors. I found him to be a man of sound and true
principles, but not knowing how to go at them, and not able to
trace or develop them for others. I believe with you that the
crisis of England is come. What will be its issue it is vain to
prophesy; so many thousand contingencies may turn up to affect
its direction. Were I to hazard a guess, it would be that
they will become a military despotism. Their recollections of
the portion of liberty they have enjoyed will render force necessary
to retain them under pure monarchy. Their pressure upon
us has been so severe and so unprincipled, that we cannot deprecate
their fate, though we might wish to see their naval power
kept up to the level of that of the other principal powers separately
taken. But may it not take a very different turn? Her
paper credit annihilated, the precious metals must become her
circulating medium. The taxes which can be levied on her people
in these will be trifling in comparison with what they could
pay in paper money; her navy then will be unpaid, unclothed,
unfed. Will such a body of men suffer themselves to be dismissed
and to starve? Will they not mutiny, revolt, embody
themselves under a popular Admiral, take possession of Western
and Bermuda islands, and act on the Algerine system? If they
should not be able to act on this broad scale, they will become
individual pirates; and the modern Carthage will end as the old
one has done. I am sorry for her people, who are individually
as respectable as those of other nations—it is her government
which is so corrupt, and which has destroyed the nation—it
was certainly the most corrupt and unprincipled government on
earth. I should be glad to see their farmers and mechanics come
here, but I hope their nobles, priests, and merchants will be
kept at home to be moralized by the discipline of the new
government. The young stripling whom you describe is, probably,
as George Nicholas used to say, "in the plenitude of
puppyism." Such coxcombs do not serve even as straws to
show which way the wind blows. Alexander is unquestionably
a man of an excellent heart, and of very respectable strength of
mind; and he is the only sovereign who cordially loves us.
Bonaparte hates our government because it is a living libel on
his. The English hate us because they think our prosperity
filched from theirs. Of Alexander's sense of the merits of our
form of government, of its wholesome operation on the condition
of the people, and of the interest he takes in the success of
our experiment, we possess the most unquestionable proofs; and
to him we shall be indebted if the rights of neutrals, to be settled
whenever peace is made, shall be extended beyond the present
belligerents; that is to say, European neutrals, as George and
Napoleon, of mutual consent and common hatred against us,
would concur in excluding us. I thought it a salutary measure
to engage the powerful patronage of Alexander at conferences
for peace, at a time when Bonaparte was courting him; and although
circumstances have lessened its weight, yet it is prudent
for us to cherish his good dispositions, as those alone which will
be exerted in our favor when that occasion shall occur. He,
like ourselves, sees and feels the atrociousness of both the belligerents.
I salute you with great esteem and respect.
Monticello, December 3, 1810.
Sir,—I now return you the paper you were so kind as to enclose
to me. The hint to the two belligerents of disarming
each other of their auxiliaries, by opening asylums to them and
giving them passages to this country, is certainly a good one.
Bonaparte has mind enough to adopt it, but not the means. England,
again, has the means but not mind enough; she would prefer
losing an advantage over her enemy to giving one to us. It
is an unhappy state of mind for her, but I am afraid it is the true
one. She presents a singular phenomenon of an honest people
whose constitution, from its nature, must render their government
forever dishonest; and accordingly, from the time that Sir Robert
Walpole gave the constitution that direction which its defects
permitted, morality has been expunged from their political code.
I think the paper might do good if published, and could do no
harm. It cannot lessen our means of availing ourselves of the
same resource in case of our being at war with either belligerent.
The only difficulty in these cases (and in the revolutionary war
we found it a great one) is the conveying the invitation to the
adverse troops. Accept my salutations and assurances of respect.
Monticello, December 15, 1810.
Dear Sir,—Our last post brought me your friendly letter of
November 27th. I learn with pleasure that republican principles
are predominant in your State, because I conscientiously believe
that governments founded in these are more friendly to the happiness
of the people at large, and especially of a people so capable
of self-government as ours. I have been ever opposed to the
party so falsely called federalists, because I believe them desirous
of introducing into our government authorities hereditary or
otherwise independent of the national will. These always consume
the public contributions, and oppress the people with labor
and poverty. No one was more sensible than myself, while Governor
Fenner was in the Senate, of the soundness of his political
principles, and rectitude of his conduct. Among those of my
fellow laborers of whom I had a distinguished opinion, he was
one, and I have no doubt those among whom he lives, and who
have already given him so many proofs of their unequivocal confidence
in him, will continue so to do. It would be impertinent
in me, a stranger to them, to tell them what they all see daily.
My object too, at present, is peace and tranquillity, neither doing
nor saying anything to be quoted, or to make me the subject of
newspaper disquisitions. I read one or two newspapers a week,
but with reluctance give even that time from Tacitus and Horace,
and so much other more agreeable reading; indeed, I give more
time to exercise of the body than of the mind, believing it wholesome
to both. I enjoy, in recollection, my ancient friendships,
and suffer no new circumstances to mix alloy with them. I do
not take the trouble of forming opinions on what is passing
among them, because I have such entire confidence in their integrity
and wisdom as to be satisfied all is going right, and that
every one is doing his best in the station confided to him. Under
these impressions, accept sincere assurances of my continued
esteem and respect for yourself personally, and my best wishes
for your health and happiness.
Monticello, January 15, 1811.
Dear Sir,—An absence from home of some length has prevented
my sooner acknowledging the receipt of your letter, covering
the printed pamphlet, which the same absence has as yet prevented
me from taking up, but which I know I shall read with
great pleasure. Your favor of December the 22d, is also received.
Mr. Wagner's malignity, like that of the rest of his tribe of
brother printers, who deal out calumnies for federal readers, gives
me no pain. When a printer cooks up a falsehood, it is as easy
to put it into the mouth of a Mr. Fox, as of a smaller man, and
safer into that of a dead than a living one. Your sincere attachment
to this country, as well as to your native one, was never
doubted by me; and in that persuasion, I felt myself free to express
to you my genuine sentiments with respect to England.
No man was more sensible than myself of the just value of the
friendship of that country. There are between us so many of
those circumstances which naturally produce and cement kind
dispositions, that if they could have forgiven our resistance to
their usurpations, our connections might have been durable, and
have insured duration to both our governments. I wished, therefore,
a cordial friendship with them, and I spared no occasion of
manifesting this in our correspondence and intercourse with
them; not disguising, however, my desire of friendship with
their enemy also. During the administration of Mr. Addington,
I thought I discovered some friendly symptoms on the part of
that government; at least, we received some marks of respect
from the administration, and some of regret at the wrongs we
were suffering from their country. So, also, during the short interval
of Mr. Fox's power. But every other administration since
our Revolution has been equally wanton in their injuries and insults,
and have manifested equal hatred and aversion. Instead,
too, of cultivating the government itself, whose principles are
those of the great mass of the nation, they have adopted the
miserable policy of teazing and embarrassing it, by allying themselves
with a faction here, not a tenth of the people, noisy and
unprincipled, and which never can come into power while republicanism
is the spirit of the nation, and that must continue to be
so, until such a condensation of population shall have taken place
as will require centuries. Whereas, the good will of the government
itself would give them, and immediately, every benefit
which reason or justice would permit it to give. With respect
to myself, I saw great reason to believe their ministers were weak
enough to credit the newspaper trash about a supposed personal
enmity in myself towards England. This wretched party imputation
was beneath the notice of wise men. England never
did me a personal injury, other than in open war; and for numerous
individuals there, I have great esteem and friendship. And
I must have had a mind far below the duties of my station, to
have felt either national partialities or antipathies in conducting
the affairs confided to me. My affections were first for my own
country, and then, generally, for all mankind; and nothing but
minds placing themselves above the passions, in the functionaries
of this country, could have preserved us from the war to which
their provocations have been constantly urging us. The war interests
in England include a numerous and wealthy part of their
population; and their influence is deemed worth courting by ministers
wishing to keep their places. Continually endangered by
a powerful opposition, they find it convenient to humor the popular
passions at the expense of the public good. The shipping
interest, commercial interest, and their janizaries of the navy, all
fattening on war, will not be neglected by ministers of ordinary
minds. Their tenure of office is so infirm that they dare not
follow the dictates of wisdom, justice, and the well-calculated interests
of their country. This vice in the English constitution,
renders a dependence on that government very unsafe. The
feelings of their King, too, fundamentally adverse to us, have
added another motive for unfriendliness in his ministers. This
obstacle to friendship, however, seems likely to be soon removed;
and I verily believe the successor will come in with fairer and
wiser dispositions towards us; perhaps on that event their conduct
may be changed. But what England is to become on the
crush of her internal structure, now seeming to be begun, I cannot
foresee. Her monied interest, created by her paper system,
and now constituting a baseless mass of wealth equal to that of
the owners of the soil, must disappear with that system, and the
medium for paying great taxes thus failing, her navy must be
without support. That it shall be supported by permitting her
to claim dominion of the ocean, and to levy tribute on every flag
traversing that, as lately attempted and not yet relinquished, every
nation must contest, even ad internecionem. And yet, that retiring
from this enormity, she should continue able to take a fair
share in the necessary equilibrium of power on that element,
would be the desire of every nation.
I feel happy in withdrawing my mind from these anxieties,
and resigning myself, for the remnant of life, to the care and
guardianship of others. Good wishes are all an old man has to
offer to his country or friends. Mine attend yourself, with sincere
assurances of esteem and respect, which, however, I should
be better pleased to tender you in person, should your rambles
ever lead you into the vicinage of Monticello.
Monticello, January 16, 1811.
Dear Sir,—I had been considering for some days, whether it
was not time by a letter, to bring myself to your recollection,
when I received your welcome favor of the 2d instant. I had
before heard of the heart-rending calamity you mention, and had
sincerely sympathized with your afflictions. But I had not made
it the subject of a letter, because I knew that condolences were
but renewals of grief. Yet I thought, and still think, this is one
of the cases wherein we should "not sorrow, even as others who
have no hope."
* * * * * * * *
You ask if I have read Hartley? I have not. My present
course of life admits less reading than I wish. From breakfast,
or noon at latest, to dinner, I am mostly on horseback, attending
to my farm or other concerns, which I find healthful to my body,
mind and affairs; and the few hours I can pass in my cabinet,
are devoured by correspondences; not those with my intimate
friends, with whom I delight to interchange sentiments, but with
others, who, writing to me on concerns of their own in which I
have had an agency, or from motives of mere respect and approbation,
are entitled to be answered with respect and a return of
good will. My hope is that this obstacle to the delights of retirement,
will wear away with the oblivion which follows that,
and that I may at length be indulged in those studious pursuits,
from which nothing but revolutionary duties would ever have
called me.
I shall receive your proposed publication and read it with the
pleasure which everything gives me from your pen. Although
much of a sceptic in the practice of medicine, I read with pleasure
its ingenious theories.
I receive with sensibility your observations on the discontinuance
of friendly correspondence between Mr. Adams and myself,
and the concern you take in its restoration. This discontinuance
has not proceeded from me, nor from the want of sincere
desire and of effort on my part, to renew our intercourse.
You know the perfect coincidence of principle and of action, in
the early part of the Revolution, which produced a high degree
of mutual respect and esteem between Mr. Adams and myself.
Certainly no man was ever truer than he was, in that day, to
those principles of rational republicanism which, after the necessity
of throwing off our monarchy, dictated all our efforts in
the establishment of a new government. And although he
swerved, afterwards, towards the principles of the English constitution,
our friendship did not abate on that account. While
he was Vice President, and I Secretary of State, I received a
letter from President Washington, then at Mount Vernon, desiring
me to call together the Heads of departments, and to invite
Mr. Adams to join us (which, by-the-bye, was the only instance
of that being done) in order to determine on some measure which
required despatch; and he desired me to act on it, as decided,
without again recurring to him. I invited them to dine with
me, and after dinner, sitting at our wine, having settled our question,
other conversation came on, in which a collision of opinion
arose between Mr. Adams and Colonel Hamilton, on the merits of
the British constitution, Mr. Adams giving it as his opinion, that,
if some of its defects and abuses were corrected, it would be the
most perfect constitution of government ever devised by man.
Hamilton, on the contrary, asserted, that with its existing vices,
it was the most perfect model of government that could be
formed; and that the correction of its vices would render it an
impracticable government. And this you may be assured was
the real line of difference between the political principles of
these two gentlemen. Another incident took place on the same
occasion, which will further delineate Mr. Hamilton's political
principles. The room being hung around with a collection of
the portraits of remarkable men, among them were those of Bacon,
Newton and Locke, Hamilton asked me who they were.
I told him they were my trinity of the three greatest men the
world had ever produced, naming them. He paused for some
time: "the greatest man," said he, "that ever lived, was Julius
Cæsar." Mr. Adams was honest as a politician, as well as a
man; Hamilton honest as a man, but, as a politician, believing
in the necessity of either force or corruption to govern men.
You remember the machinery which the federalists played off,
about that time, to beat down the friends to the real principles
of our constitution, to silence by terror every expression in their
favor, to bring us into war with France and alliance with England,
and finally to homologize our constitution with that of
England. Mr. Adams, you know, was overwhelmed with feverish
addresses, dictated by the fear, and often by the pen, of the
bloody buoy, and was seduced by them into some open indications
of his new principles of government, and in fact, was so
elated as to mix with his kindness a little superciliousness towards
me. Even Mrs. Adams, with all her good sense and prudence,
was sensibly flushed. And you recollect the short suspension
of our intercourse, and the circumstance which gave
rise to it, which you were so good as to bring to an early explanation,
and have set to rights, to the cordial satisfaction of us all.
The nation at length passed condemnation on the political principles
of the federalists, by refusing to continue Mr. Adams in the
Presidency. On the day on which we learned in Philadelphia
the vote of the city of New York, which it was well known
would decide the vote of the State, and that, again, the vote of
the Union, I called on Mr. Adams on some official business. He
was very sensibly affected, and accosted me with these words:
"Well, I understand that you are to beat me in this contest, and
I will only say that I will be as faithful a subject as any you
will have." "Mr. Adams," said I, "this is no personal contest
between you and me. Two systems of principles on the subject
of government divide our fellow citizens into two parties. With
one of these you concur, and I with the other. As we have
been longer on the public stage than most of those now living,
our names happen to be more generally known. One of these
parties, therefore, has put your name at its head, the other mine.
Were we both to die to-day, to-morrow two other names would
be in the place of ours, without any change in the motion of the
machinery. Its motion is from its principle, not from you or myself."
"I believe you are right," said he, "that we are but passive
instruments, and should not suffer this matter to affect our
personal dispositions." But he did not long retain this just view
of the subject. I have always believed that the thousand
calumnies which the federalists, in bitterness of heart, and mortification
at their ejection, daily invented against me, were carried
to him by their busy intriguers, and made some impression.
When the election between Burr and myself was kept in
suspense by the federalists, and they were meditating to place
the President of the Senate at the head of the government, I
called on Mr. Adams with a view to have this desperate measure
prevented by his negative. He grew warm in an instant, and
said with a vehemence he had not used towards me before, "Sir,
the event of the election is within your own power. You have
only to say you will do justice to the public creditors, maintain
the navy, and not disturb those holding offices, and the government
will instantly be put into your hands. We know it is the
wish of the people it should be so." "Mr. Adams," said I, "I
know not what part of my conduct, in either public or private
life, can have authorized a doubt of my fidelity to the public engagements.
I say, however, I will not come into the government
by capitulation. I will not enter on it, but in perfect freedom
to follow the dictates of my own judgment." I had before
given the same answer to the same intimation from Gouverneur
Morris. "Then," said he, "things must take their course."
I turned the conversation to something else, and soon took my
leave. It was the first time in our lives we had ever parted with
anything like dissatisfaction. And then followed those scenes
of midnight appointment, which have been condemned by all
men. The last day of his political power, the last hours, and
even beyond the midnight, were employed in filling all offices,
and especially permanent ones, with the bitterest federalists, and
providing for me the alternative, either to execute the government
by my enemies, whose study it would be to thwart and defeat
all my measures, or to incur the odium of such numerous removals
from office, as might bear me down. A little time and
reflection effaced in my mind this temporary dissatisfaction with
Mr. Adams, and restored me to that just estimate of his virtues
and passions, which a long acquaintance had enabled me to fix.
And my first wish became that of making his retirement easy
by any means in my power; for it was understood he was not rich.
I suggested to some republican members of the delegation from
his State, the giving him, either directly or indirectly, an office,
the most lucrative in that State, and then offered to be resigned,
if they thought he would not deem it affrontive. They were
of opinion he would take great offence at the offer; and moreover,
that the body of republicans would consider such a step
in the outset as arguing very ill of the course I meant to pursue.
I dropped the idea, therefore, but did not cease to wish for some
opportunity of renewing our friendly understanding.
Two or three years after, having had the misfortune to lose a
daughter, between whom and Mrs. Adams there had been a considerable
attachment, she made it the occasion of writing me a
letter, in which, with the tenderest expressions of concern at this
event, she carefully avoided a single one of friendship towards
myself, and even concluded it with the wishes "of her who once
took pleasure in subscribing herself your friend, Abigail Adams."
Unpromising as was the complexion of this letter, I determined
to make an effort towards removing the cloud from between us.
This brought on a correspondence which I now enclose for your
perusal, after which be so good as to return it to me, as I have
never communicated it to any mortal breathing, before. I send
it to you, to convince you I have not been wanting either in the
desire, or the endeavor to remove this misunderstanding. Indeed,
I thought it highly disgraceful to us both, as indicating minds
not sufficiently elevated to prevent a public competition from affecting
our personal friendship. I soon found from the correspondence
that conciliation was desperate, and yielding to an intimation
in her last letter, I ceased from further explanation. I
have the same good opinion of Mr. Adams which I ever had. I
know him to be an honest man, an able one with his pen, and he
was a powerful advocate on the floor of Congress. He has been
alienated from me, by belief in the lying suggestions contrived
for electioneering purposes, that I perhaps mixed in the activity
and intrigues of the occasion. My most intimate friends can
testify that I was perfectly passive. They would sometimes, indeed,
tell me what was going on; but no man ever heard me
take part in such conversations; and none ever misrepresented
Mr. Adams in my presence, without my asserting his just character.
With very confidential persons I have doubtless disapproved
of the principles and practices of his administration. This was
unavoidable. But never with those with whom it could do him
any injury. Decency would have required this conduct from
me, if disposition had not; and I am satisfied Mr. Adams' conduct
was equally honorable towards me. But I think it part of
his character to suspect foul play in those of whom he is jealous,
and not easily to relinquish his suspicions.
I have gone, my dear friend, into these details, that you might
know everything which had passed between us, might be fully
possessed of the state of facts and dispositions, and judge for
yourself whether they admit a revival of that friendly intercourse
for which you are so kindly solicitous. I shall certainly not be
wanting in anything on my part which may second your efforts,
which will be the easier with me, inasmuch as I do not entertain
a sentiment of Mr. Adams, the expression of which could give
him reasonable offence. And I submit the whole to yourself,
with the assurance, that whatever be the issue, my friendship and
respect for yourself will remain unaltered and unalterable.
Monticello, January 21, 1811.
Sir,—You have asked my opinion on the proposition of Mrs.
Mifflin, to take measures for procuring, on the coast of Africa,
an establishment to which the people of color of these States
might, from time to time, be colonized, under the auspices of
different governments. Having long ago made up my mind on
this subject, I have no hesitation in saying that I have ever
thought it the most desirable measure which could be adopted,
for gradually drawing off this part of our population, most advantageously
for themselves as well as for us. Going from a country
possessing all the useful arts, they might be the means of
transplanting them among the inhabitants of Africa, and would
thus carry back to the country of their origin, the seeds of civilization
which might render their sojournment and sufferings here
a blessing in the end to that country.
I received, in the first year of my coming into the administration
of the General Government, a letter from the Governor of
Virginia, (Colonel Monroe,) consulting me, at the request of the
Legislature of the State, on the means of procuring some such
asylum, to which these people might be occasionally sent. I proposed
to him the establishment of Sierra Leone, to which a private
company in England had already colonized a number of negroes,
and particularly the fugitives from these States during the
Revolutionary War; and at the same time suggested, if this could
not be obtained, some of the Portuguese possessions in South
America, as next most desirable. The subsequent Legislature
approving these ideas, I wrote, the ensuing year, 1802, to Mr.
King, our Minister in London, to endeavor to negotiate with the
Sierra Leone company a reception of such of these people as
might be colonized thither. He opened a correspondence with
Mr. Wedderburne and Mr. Thornton, secretaries of the company,
on the subject, and in 1803 I received through Mr. King the result,
which was that the colony was going on, but in a languishing
condition; that the funds of the company were likely to fail,
as they received no returns of profit to keep them up; that they
were therefore in treaty with their government to take the establishment
off their hands; but that in no event should they be
willing to receive more of these people from the United States,
as it was exactly that portion of their settlers which had gone
from hence, which, by their idleness and turbulence, had kept
the settlement in constant danger of dissolution, which could not
have been prevented but for the aid of the Maroon negroes from
the West Indies, who were more industrious and orderly than the
others, and supported the authority of the government and its
laws. I think I learned afterwards that the British Government
had taken the colony into its own hands, and I believe it still
exists. The effort which I made with Portugal, to obtain an
establishment for them within their claims in South America,
proved also abortive.
You inquire further, whether I would use my endeavors to
procure for such an establishment security against violence from
other powers, and particularly from France? Certainly, I shall
be willing to do anything I can to give it effect and safety. But
I am but a private individual, and could only use endeavors with
private individuals; whereas, the National Government can address
themselves at once to those of Europe to obtain the desired
security, and will unquestionably be ready to exert its influence
with those nations for an object so benevolent in itself, and so
important to a great portion of its constituents. Indeed, nothing
is more to be wished than that the United States would themselves
undertake to make such an establishment on the coast of
Africa. Exclusive of motives of humanity, the commercial advantages
to be derived from it might repay all its expenses. But
for this, the national mind is not yet prepared. It may perhaps
be doubted whether many of these people would voluntarily consent
to such an exchange of situation, and very certain that few
of those advanced to a certain age in habits of slavery, would be
capable of self-government. This should not, however, discourage
the experiment, nor the early trial of it; and the proposition
should be made with all the prudent cautions and attentions requisite
to reconcile it to the interests, the safety and the prejudices
of all parties.
Accept the assurances of my respect and esteem.
Monticello, January 26, 1811.
Sir,—The length of time your favor of June the 12th, 1809
was on its way to me, and my absence from home the greater
part of the autumn, delayed very much the pleasure which
awaited me of reading the packet which accompanied it. I cannot
express to you the satisfaction which I received from its perusal.
I had, with the world, deemed Montesquieu's work of
much merit; but saw in it, with every thinking man, so much
of paradox, of false principle and misapplied fact, as to render its
value equivocal on the whole. Williams and others had nibbled
only at its errors. A radical correction of them, therefore, was a
great desideratum. This want is now supplied, and with a depth
of thought, precision of idea, of language and of logic, which
will force conviction into every mind. I declare to you, Sir, in
the spirit of truth and sincerity, that I consider it the most precious
gift the present age has received. But what would it have
been, had the author, or would the author, take up the whole
scheme of Montesquieu's work, and following the correct analysis
he has here developed, fill up all its parts according to his sound
views of them? Montesquieu's celebrity would be but a small
portion of that which would immortalize the author. And with
whom? With the rational and high-minded spirits of the present
and all future ages. With those whose approbation is both
incitement and reward to virtue and ambition. Is then the hope
desperate? To what object can the occupation of his future life
be devoted so usefully to the world, so splendidly to himself?
But I must leave to others who have higher claims on his attention,
to press these considerations.
My situation, far in the interior of the country, was not favorable
to the object of getting this work translated and printed.
Philadelphia is the least distant of the great towns of our States,
where there exists any enterprise in this way; and it was not till
the spring following the receipt of your letter, that I obtained an
arrangement for its execution. The translation is just now completed.
The sheets came to me by post, from time to time, for
revisal; but not being accompanied by the original, I could not
judge of verbal accuracies. I think, however, it is substantially
correct, without being an adequate representation of the excellences
of the original; as indeed no translation can be. I found
it impossible to give it the appearance of an original composition
in our language. I therefore think it best to divert inquiries
after the author towards a quarter where he will not be found;
and with this view, propose to prefix the prefatory epistle now
enclosed. As soon as a copy of the work can be had, I will send
it to you by duplicate. The secret of the author will be faithfully
preserved during his and my joint lives; and those into
whose hands my papers will fall at my death, will be equally
worthy of confidence. When the death of the author, or his
living consent shall permit the world to know their benefactor,
both his and my papers will furnish the evidence. In the meantime,
the many important truths the work so solidly establishes,
will, I hope, make it the political rudiment of the young, and
manual of our older citizens.
One of its doctrines, indeed, the preference of a plural over a
singular executive, will probably not be assented to here. When
our present government was first established, we had many doubts
on this question, and many leanings towards a supreme executive
counsel. It happened that at that time the experiment of
such an one was commenced in France, while the single executive
was under trial here. We watched the motions and effects
of these two rival plans, with an interest and anxiety proportioned
to the importance of a choice between them. The experiment
in France failed after a short course, and not from any circumstance
peculiar to the times or nation, but from those internal
jealousies and dissensions in the Directory, which will ever arise
among men equal in power, without a principal to decide and
control their differences. We had tried a similar experiment in
1784, by establishing a committee of the States, composed of a
member from every State, then thirteen, to exercise the executive
functions during the recess of Congress. They fell immediately
into schisms and dissensions, which became at length so
inveterate as to render all co-operation among them impracticable,
they dissolved themselves, abandoning the helm of government,
and it continued without a head, until Congress met the ensuing
winter. This was then imputed to the temper of two or three
individuals; but the wise ascribed it to the nature of man. The
failure of the French Directory, and from the same cause, seems
to have authorized a belief that the form of a plurality, however
promising in theory, is impracticable with men constituted with
the ordinary passions. While the tranquil and steady tenor of
our single executive, during a course of twenty-two years of the
most tempestuous times the history of the world has ever presented,
gives a rational hope that this important problem is at
length solved. Aided by the counsels of a cabinet of heads of
departments, originally four, but now five, with whom the President
consults, either singly or altogether, he has the benefit of
their wisdom and information, brings their views to one centre,
and produces an unity of action and direction in all the branches
of the government. The excellence of this construction of the
executive power has already manifested itself here under very
opposite circumstances. During the administration of our first
President, his cabinet of four members was equally divided by as
marked an opposition of principle as monarchism and republicanism
could bring into conflict. Had that cabinet been a directory,
like positive and negative quantities in algebra, the opposing
wills would have balanced each other and produced a state of
absolute inaction. But the President heard with calmness the
opinions and reasons of each, decided the course to be pursued,
and kept the government steadily in it, unaffected by the agitation.
The public knew well the dissensions of the cabinet, but
never had an uneasy thought on their account, because they knew
also they had provided a regulating power which would keep the
machine in steady movement. I speak with an intimate knowledge
of these scenes, quorum pars fui; as I may of others of a
character entirely opposite. The third administration, which
was of eight years, presented an example of harmony in a cabinet
of six persons, to which perhaps history has furnished no parallel.
There never arose, during the whole time, an instance of
an unpleasant thought or word between the members. We sometimes
met under differences of opinion, but scarcely ever failed,
by conversing and reasoning, so to modify each other's ideas, as to
produce an unanimous result. Yet, able and amicable as these
members were, I am not certain this would have been the case, had
each possessed equal and independent powers. Ill-defined limits
of their respective departments, jealousies, trifling at first, but nourished
and strengthened by repetition of occasions, intrigues without
doors of designing persons to build an importance to themselves
on the divisions of others, might, from small beginnings,
have produced persevering oppositions. But the power of decision
in the President left no object for internal dissension, and
external intrigue was stifled in embryo by the knowledge which
incendiaries possessed, that no division they could foment would
change the course of the executive power. I am not conscious
that my participations in executive authority have produced any
bias in favor of the single executive; because the parts I have
acted have been in the subordinate, as well as superior stations,
and because, if I know myself, what I have felt, and what I
have wished, I know that I have never been so well pleased, as
when I could shift power from my own, on the shoulders of others;
nor have I ever been able to conceive how any rational
being could propose happiness to himself from the exercise of
power over others.
I am still, however, sensible of the solidity of your principle,
that, to insure the safety of the public liberty, its depository
should be subject to be changed with the greatest ease possible,
and without suspending or disturbing for a moment the movements
of the machine of government. You apprehend that a
single executive, with eminence of talent, and destitution of
principle, equal to the object, might, by usurpation, render his
powers hereditary. Yet I think history furnishes as many examples
of a single usurper arising out of a government by a plurality,
as of temporary trusts of power in a single hand rendered
permanent by usurpation. I do not believe, therefore, that this
danger is lessened in the hands of a plural executive. Perhaps
it is greatly increased, by the state of inefficiency to which they
are liable from feuds and divisions among themselves. The
conservative body you propose might be so constituted, as, while
it would be an admirable sedative in a variety of smaller cases,
might also be a valuable sentinel and check on the liberticide
views of an ambitious individual. I am friendly to this idea.
But the true barriers of our liberty in this country are our State
governments; and the wisest conservative power ever contrived
by man, is that of which our Revolution and present government
found us possessed. Seventeen distinct States, amalgamated
into one as to their foreign concerns, but single and independent
as to their internal administration, regularly organized with a
legislature and governor resting on the choice of the people, and
enlightened by a free press, can never be so fascinated by the
arts of one man, as to submit voluntarily to his usurpation. Nor
can they be constrained to it by any force he can possess.
While that may paralyze the single State in which it happens to
be encamped, sixteen others, spread over a country of two thousand
miles diameter, rise up on every side, ready organized for
deliberation by a constitutional legislature, and for action by their
governor, constitutionally the commander of the militia of the
State, that is to say, of every man in it able to bear arms; and
that militia, too, regularly formed into regiments and battalions,
into infantry, cavalry and artillery, trained under officers general
and subordinate, legally appointed, always in readiness, and to
whom they are already in habits of obedience. The republican
government of France was lost without a struggle, because the
party of "un et indivisible" had prevailed; no provincial organizations
existed to which the people might rally under authority
of the laws, the seats of the directory were virtually vacant,
and a small force sufficed to turn the legislature out of their
chamber, and to salute its leader chief of the nation. But with
us, sixteen out of seventeen States rising in mass, under regular
organization, and legal commanders, united in object and action
by their Congress, or, if that be in duresse, by a special convention,
present such obstacles to an usurper as forever to stifle ambition
in the first conception of that object.
Dangers of another kind might more reasonably be apprehended
from this perfect and distinct organization, civil and military,
of the States; to wit, that certain States from local and occasional
discontents, might attempt to secede from the Union. This
is certainly possible; and would be befriended by this regular organization.
But it is not probable that local discontents can
spread to such an extent, as to be able to face the sound parts of
so extensive an Union; and if ever they should reach the majority,
they would then become the regular government, acquire
the ascendency in Congress, and be able to redress their own
grievances by laws peaceably and constitutionally passed. And
even the States in which local discontents might engender a commencement
of fermentation, would be paralyzed and self-checked
by that very division into parties into which we have fallen, into
which all States must fall wherein men are at liberty to think,
speak, and act freely, according to the diversities of their individual
conformations, and which are, perhaps, essential to preserve
the purity of the government, by the censorship which
these parties habitually exercise over each other.
You will read, I am sure, with indulgence, the explanations of
the grounds on which I have ventured to form an opinion differing
from yours. They prove my respect for your judgment, and
diffidence in my own, which have forbidden me to retain, without
examination, an opinion questioned by you. Permit me now
to render my portion of the general debt of gratitude, by acknowledgments
in advance for the singular benefaction which is
the subject of this letter, to tender my wishes for the continuance
of a life so usefully employed, and to add the assurances
of my perfect esteem and respect.
Monticello, March 8, 1811.
Dear Sir,—On my return from a journey of five weeks to
Bedford I found here the two letters now enclosed, which though
directed to me, belong, in their matter, to you. I never before
heard of either writer, and therefore leave them to stand on their
own grounds.
I congratulate you on the close of your campaign. Although
it has not conquered your difficulties, it leaves you more at leisure
to consider and provide against them. Our only chance as
to England is the accession of the Prince of Wales to the throne.
If only to the regency, himself and his ministers may be less
bold and strong to make a thorough change of system. It will
leave them, too, a pretext for doing less than right, if so disposed.
He has much more understanding and good humor than principle
or application. But it seems difficult to understand what
Bonaparte means towards us. I have been in hopes the consultations
with closed doors were for taking possession of East
Florida. It would give no more offence anywhere than taking
the Western province, and I am much afraid the Percival ministry
may have given orders for taking possession of it before they
were put out of power.
We have had a wretched winter for the farmer. Great consumption
of food by the cattle, and little weather for preparing
the ensuing crop. During my stay in Bedford we had seven
snows, that of February 22, which was of 15 inches about
Richmond, was of 6 inches here, and only 3½ in Bedford. Ever
affectionately yours.
Monticello, March 10, 1811.
Dear Sir,—Your favor of January 21st has been received,
and with it the 2d volume of your Memoirs, with the appendices
to the 1st, 2d and 4th volumes, for which accept my thanks. I
shall read them with pleasure. The expression respecting myself,
stated in your letter to have been imputed to you by your
calumniators, had either never been heard by me, or, if heard,
had been unheeded and forgotten. I have been too much the
butt of such falsehoods myself to do others the injustice of permitting
them to make the least impression on me. My consciousness
that no man on earth has me under his thumb is evidence
enough that you never used the expression. Daniel Clarke's
book I have never seen, nor should I put Tacitus or Thucydides
out of my hand to take that up. I am even leaving off the
newspapers, desirous to disengage myself from the contentions of
the world, and consign to entire tranquillity and to the kinder
passions what remains to me of life. I look back with commiseration
on those still buffeting the storm, and sincerely wish
your argosy may ride out, unhurt, that in which it is engaged.
My belief is that it will, and I found that belief on my own
knowledge of Burr's transactions, on my view of your conduct
in encountering them, and on the candor of your judges. I salute
you with my best wishes and entire respect.
Monticello, March 10, 1811.
Sir,—I thank you for your letter of February 16th, and the
communication of that you had forwarded to the President. In
his hands it may be turned to public account; in mine it is only
evidence of your zeal for the general good. My occupations are
now in quite a different line, more suited to my age, my interests
and inclinations. Having served my tour of duty, I leave
public cares to younger and more vigorous minds, and repose my
personal well-being under their guardianship, in perfect confidence
of its safety. Our ship is sound, the crew alert at their
posts, and our ablest steersman at its helm. That she will make
a safe port I have no doubt; and that she may, I offer to heaven
my daily prayers, the proper function of age, and add to yourself
the assurance of my respect.
Monticello, March 28, 1811.
Dear Sir,—I learn with sincere concern, from yours of the
15th received by our last mail, the difficulties into which you
are brought by the retirement of particular friends from the accommodations
they had been in the habit of yielding you. That
one of those you name should have separated from the censor of
John Randolph, is consonant with the change of disposition
which took place in him at Washington. That the other, far
above that bias, should have done so, was not expected. I have
ever looked to Mr. Lieper as one of the truest republicans of our
country, whose mind, unaffected by personal incidents, pursues
its course with a steadiness of which we have rare examples.
Looking about for a motive, I have supposed it was to be found
in the late arraignments of Mr. Gallatin in your papers. However
he might differ from you on that subject, as I do myself,
the indulgences in difference of opinion which we all owe to
one another, and every one needs for himself, would, I thought,
in a mind like his, have prevented such a manifestation of it. I
believe Mr. Gallatin to be of a pure integrity, and as zealously
devoted to the liberties and interests of our country as its most
affectionate native citizen. Of this his courage in Congress in
the days of terror, gave proofs which nothing can obliterate from
the recollection of those who were witnesses of it. These are
probably the opinions of Mr. Lieper, as I believe they are of
every man intimately acquainted with Mr. Gallatin. An intercourse,
almost daily, of eight years with him, has given me opportunities
of knowing his character more thoroughly than perhaps
any other man living; and I have ascribed the erroneous
estimate you have formed of it to the want of that intimate
knowledge of him which I possessed. Every one, certainly,
must form his judgment on the evidence accessible to himself;
and I have no more doubt of the integrity of your convictions
than I have of my own. They are drawn from different materials
and different sources of information, more or less perfect,
according to our opportunities. The zeal, the disinterestedness,
and the abilities with which you have supported the great principles
of our revolution, the persecutions you have suffered, and
the firmness and independence with which you have suffered
them, constitute too strong a claim on the good wishes of every
friend of elective government, to be effaced by a solitary ease of
difference in opinion. Thus I think, and thus I believed my
much-esteemed friend Lieper would have thought; and I am
the more concerned he does not, as it is so much more in his
power to be useful to you than in mine. His residence, and his
standing at the great seat of the monied institutions, command
a credit with them, which no inhabitant of the country,
and of agricultural pursuits only, can have. The two or three
banks in our uncommercial State are too distant to have any relations
with the farmers of Albemarle. We are persuaded you
have not overrated the dispositions of this State to support yourself
and your paper. They have felt its services too often to be
indifferent in the hour of trial. They are well aware that the
days of danger are not yet over. And I am sensible that if
there were any means of bringing into concert the good will of
the friends of the "Aurora" scattered over this State, they would
not deceive your expectations. One month sooner might have
found such an opportunity in the assemblage of our legislature in
Richmond. But that is now dispersed not to meet again under
a twelvemonth. We, here, are but one of a hundred counties,
and on consultation with friends of the neighborhood, it is their
opinion that if we can find an endorser resident in Richmond,
(for that is indispensable,) ten or twelve persons of this county
would readily engage, as you suggest, for their $100 each,
and some of them for more. It is believed that the republicans
in that city can and will do a great deal more; and perhaps
their central position may enable them to communicate with
other counties. We have written to a distinguished friend to
the cause of liberty there to take the lead in the business, as far
as concerns that place; and for our own, we are taking measures
for obtaining the aid of the bank of the same place. In all
this I am nearly a cypher. Forty years of almost constant absence
from the State have made me a stranger in it, have left
me a solitary tree, from around which the axe of time has felled
all the companions of its youth and growth. I have, however,
engaged some active and zealous friends to do what I could not.
Their personal acquaintance and influence with those now in
active life can give effect to their efforts. But our support can
be but partial, and far short, both in time and measure, of your
difficulties. They will be little more than evidences of our friendship.
The truth is that farmers, as we all are, have no command
of money. Our necessaries are all supplied, either from
our farms, or a neighboring store. Our produce, at the end of
the year, is delivered to the merchant, and thus the business of
the year is done by barter, without the intervention of scarcely
a dollar; and thus also we live with a plenty of everything except
money. To raise that negociations and time are requisite.
I sincerely wish that greater and prompter effects could have
flowed from our good will. On my part, no endeavors or sacrifices
shall be withheld. But we are bound down by the laws
of our situation.
I do not know whether I am able at present to form a just
idea of the situation of our country. If I am, it is such as, during
the bellum omnium in omnia of Europe, will require the
union of all its friends to resist its enemies within and without.
If we schismatize on either men or measures, if we do not act
in phalanx, as when we rescued it from the satellites of monarchism,
I will not say our party, the term is false and degrading,
but our nation will be undone. For the republicans are the nation.
Their opponents are but a faction, weak in numbers, but
powerful and profuse in the command of money, and backed by
a nation, powerful also and profuse in the use of the same means;
and the more profuse, in both cases, as the money they thus employ
is not their own but their creditors, to be paid off by a bankruptcy,
which whether it pays a dollar or a shilling in the pound
is of little concern with them. The last hope of human liberty
in this world rests on us. We ought, for so dear a state, to sacrifice
every attachment and every enmity. Leave the President
free to chose his own coadjutors, to pursue his own measures,
and support him and them, even if we think we are wiser than
they, honester than they are, or possessing more enlarged information
of the state of things. If we move in mass, be it ever
so circuitously, we shall attain our object; but if we break into
squads, every one pursuing the path he thinks most direct, we
become an easy conquest to those who can now barely hold us
in check. I repeat again, that we ought not to schismatize on
either men or measures. Principles alone can justify that. If
we find our government in all its branches rushing headlong,
like our predecessors, into the arms of monarchy, if we find
them violating our dearest rights, the trial by jury, the freedom
of the press, the freedom of opinion, civil or religious, or opening
on our peace of mind or personal safety the sluices of terrorism,
if we see them raising standing armies, when the absence
of all other danger points to these as the sole objects on which
they are to be employed, then indeed let us withdraw and call
the nation to its tents. But while our functionaries are wise, and
honest, and vigilant, let us move compactly under their guidance,
and we have nothing to fear. Things may here and there go a
little wrong. It is not in their power to prevent it. But all will
be right in the end, though not perhaps by the shortest means.
You know, my dear Sir, that this union of republicans has
been the constant theme of my exhortations, that I have ever
refused to know any subdivisions among them, to take part in
any personal differences; and therefore you will not give to the
present observations any other than general application. I may
sometimes differ in opinion from some of my friends, from those
whose views are as pure and sound as my own. I censure none,
but do homage to every one's right of opinion. If I have indulged
my pen, therefore, a little further than the occasion called
for, you will ascribe it to a sermonizing habit, to the anxieties of
age, perhaps to its garrulity, or to any other motive rather than
the want of the esteem and confidence of which I pray you to
accept sincere assurances.
P. S. Absorbed in a subject more nearly interesting, I had
forgotten our book on the heresies of Montesquieu. I sincerely
hope the removal of all embarrassment will enable you to go on
with it, or so to dispose of it as that our country may have the
benefit of the corrections it will administer to public opinion.
Monticello, April 14, 1811.
Dear Sir,—I feel much concern that suggestions stated in
your letter of the 5th instant, should at this distance of time be
the subject of uneasiness to you, and I regret it the more as they
make appeals to memory, a faculty never strong in me, and now
too sensibly impaired to be relied on. It retains no trace of the
particular conversations alluded to, nor enables me to say that
they are or are not correct. The only safe appeal for me is to
the general impressions received at the time, and still retained
with sufficient distinctness. These were that you discharged the
duties of your appointment with ability, diligence and zeal, but
that in the article of expense you were not sufficiently guarded.
You must remember my frequent cautions to you on this head,
the measures I took, by calling for frequent accounts of expenditures
and contracts, to mark to you, as well as to myself, when
they were getting beyond the limits of the appropriations, and
the afflicting embarrassments of a particular occasion where these
limits had been unguardedly and greatly transcended. These
sentiments I communicated to you freely at the time, as it was
my duty to do. Another principle of conduct with me was to
admit no innovations on the established plans, but on the strongest
grounds. When, therefore, I thought first of placing the floor
of the Representative chamber on the level of the basement of
the building, and of throwing into its height the cavity of the
dome, in the manner of the Halle aux Bleds at Paris, I deemed it
due to Dr. Thornton, author of the plan of the Capitol, to consult
him on the change. He not only consented, but appeared
heartily to approve of the alteration. For the same reason, as
well as on motives of economy, I was anxious, in converting the
Senate chamber into a Judiciary room, to preserve its original
form, and to leave the same arches and columns standing. On
your representation, however, that the columns were decayed and
incompetent to support the incumbent weight, I acquiesced in
the change you proposed, only striking out the addition which
would have made part of the middle building, and would involve
a radical change in that which had not been sanctioned. I have
no reason to doubt but that in the execution of the Senate and
Court rooms, you have adhered to the plan communicated to me
and approved; but never having seen them since their completion,
I am not able to say so expressly. On the whole, I do not
believe any one has ever done more justice to your professional
abilities than myself. Besides constant commendations of your
taste in architecture, and science in execution, I declared on
many and all occasions that I considered you as the only person
in the United States who could have executed the Representative
chamber, or who could execute the middle buildings on any
of the plans proposed. There have been too many witnesses of
these declarations to leave any doubt as to my opinion on this
subject. Of the value I set on your society, our intercourse before
as well as during my office, can have left no doubt with you;
and I should be happy in giving further proofs to you personally
at Monticello, of which you have sometimes flattered me with
the hope of an opportunity.
I have thus, Sir, stated general truths without going into the
detail of particular facts or expressions, to which my memory
does not enable me to say yea or nay. But a consciousness of
my consistency in private as well as public, supports me in affirming
that nothing ever passed from me contradictory to these
general truths, and that I have been misapprehended if it has
ever been so supposed. I return you the plans received with
your letter, and pray you to accept assurances of my continued
esteem and respect.
Monticello, April 14, 1811.
My Dear Baron,—The interruption of our intercourse with
France for some time past, has prevented my writing to you. A
conveyance now occurs, by Mr. Barlow or Mr. Warden, both of
them going in a public capacity. It is the first safe opportunity
offered of acknowledging your favor of September 23d, and the
receipt at different times of the IIId part of your valuable work,
2d, 3d, 4th and 5th livraisons, and the IVth part, 2d, 3d, and 4th
livraisons, with the Tableaux de la nature, and an interesting map
of New Spain. For these magnificent and much esteemed favors,
accept my sincere thanks. They give us a knowledge of
that country more accurate than I believe we possess of Europe,
the seat of the science of a thousand years. It comes out, too,
at a moment when those countries are beginning to be interesting
to the whole world. They are now becoming the scenes of
political revolution, to take their stations as integral members of
the great family of nations. All are now in insurrection. In
several, the Independents are already triumphant, and they will
undoubtedly be so in all. What kind of government will they
establish? How much liberty can they bear without intoxication?
Are their chiefs sufficiently enlightened to form a well-guarded
government, and their people to watch their chiefs?
Have they mind enough to place their domesticated Indians on a
footing with the whites? All these questions you can answer
better than any other. I imagine they will copy our outlines of
confederation and elective government, abolish distinction of
ranks, bow the neck to their priests, and persevere in intolerantism.
Their greatest difficulty will be in the construction of
their executive. I suspect that, regardless of the experiment of
France, and of that of the United States in 1784, they will begin
with a directory, and when the unavoidable schisms in that
kind of executive shall drive them to something else, their great
question will come on whether to substitute an executive elective
for years, for life, or an hereditary one. But unless instruction
can be spread among them more rapidly than experience
promises, despotism may come upon them before they are qualified
to save the ground they will have gained. Could Napoleon
obtain, at the close of the present war, the independence of all
the West India islands, and their establishment in a separate confederacy,
our quarter of the globe would exhibit an enrapturing
prospect into futurity. You will live to see much of this. I
shall follow, however, cheerfully my fellow laborers, contented
with having borne a part in beginning this beatific reformation.
I fear, from some expressions in your letter, that your personal
interests have not been duly protected, while you were devoting
your time, talents and labor for the information of mankind. I
should sincerely regret it for the honor of the governing powers,
as well as from affectionate attachment to yourself and the sincerest
wishes for your felicity, fortunes and fame.
In sending you a copy of my Notes on Virginia, I do but obey
the desire you have expressed. They must appear chetif enough
to the author of the great work on South America. But from
the widow her mite was welcome, and you will add to this indulgence
the acceptance of my sincere assurances of constant friendship
and respect.
Monticello, April 15, 1811.
Sir,—I received, through Mr. Warden, the copy of your
valuable work on the French revolution, for which I pray you
to accept my thanks. That its sale should have been suppressed
is no matter of wonder with me. The friend of liberty is too
feelingly manifested, not to give umbrage to its enemies. We
read in it, and weep over, the fatal errors which have lost to nations
the present hope of liberty, and to reason the fairest prospect
of its final triumph over all imposture, civil and religious.
The testimony of one who himself was an actor in the scenes
he notes, and who knew the true mean between rational liberty
and the frenzies of demagogy, are a tribute to truth of inestimable
value. The perusal of this work has given me new views
of the causes of failure in a revolution of which I was a witness
in its early part, and then augured well of it. I had no means,
afterwards, of observing its progress but the public papers, and
their information came through channels too hostile to claim confidence.
An acquaintance with many of the principal characters,
and with their fate, furnished me grounds for conjectures,
some of which you have confirmed, and some corrected. Shall
we ever see as free and faithful a tableau of subsequent acts of
this deplorable tragedy? Is reason to be forever amused with
the hochets of physical sciences, in which she is indulged merely
to divert her from solid speculations on the rights of man, and
wrongs of his oppressors? it is impossible. The day of deliverance
will come, although I shall not live to see it. The art of
printing secures us against the retrogradation of reason and information,
the examples of its safe and wholesome guidance in
government, which will be exhibited through the wide-spread
regions of the American continent, will obliterate, in time, the
impressions left by the abortive experiment of France. With
my prayers for the hastening of that auspicious day, and for the
due effect of the lessons of your work to those who ought to
profit by them, accept the assurances of my great esteem and respect.
Monticello, April 15, 1811.
Dear Sir,—I have to acknowledge the receipt of your letters
of January 20 and September 14, 1810, and, with the latter,
your observations on the subject of taxes. They bear the
stamps of logic and eloquence which mark everything coming
from you, and place the doctrines of the Economists in their
strongest points of view. My present retirement and unmeddling
disposition make of this une question viseuse pour moi.
But after reading the observations with great pleasure, I forwarded
them to the President and Mr. Gallatin, in whose hands they
may be useful. Yet I do not believe the change of our system
of taxation will be forced on us so early as you expect, if war
be avoided. It is true we are going greatly into manufactures;
but the mass of them are household manufactures of the coarse
articles worn by the laborers and farmers of the family. These
I verily believe we shall succeed in making to the whole extent
of our necessities. But the attempts at fine goods will probably
be abortive. They are undertaken by company establishments,
and chiefly in the towns; will have little success and short continuance
in a country where the charms of agriculture attract
every being who can engage in it. Our revenue will be less
than it would be were we to continue to import instead of manufacturing
our coarse goods. But the increase of population and
production will keep pace with that of manufactures, and maintain
the quantum of exports at the present level at least; and the
imports need be equivalent to them, and consequently the revenue
on them be undiminished. I keep up my hopes that if war
be avoided, Mr. Madison will be able to complete the payment
of the national debt within his term, after which one-third of
the present revenue would support the government. Your information
that a commencement of excise had been again made, is
entirely unfounded. I hope the death blow to that most vexatious
and unproductive of all taxes was given at the commencement
of my administration, and believe its revival would give
the death blow to any administration whatever. In most of the
middle and southern States some land tax is now paid into the
State treasury, and for this purpose the lands have been classed
and valued, and the tax assessed according to that valuation. In
these an excise is most odious. In the eastern States land taxes
are odious, excises less unpopular. We are all the more reconciled
to the tax on importations, because it falls exclusively on the
rich, and with the equal partition of intestate's estates, constitute
the best agrarian law. In fact, the poor man in this country
who uses nothing but what is made within his own farm or
family, or within the United States, pays not a farthing of tax to
the general government, but on his salt; and should we go into
that manufacture as we ought to do, we will pay not one cent.
Our revenues once liberated by the discharge of the public debt,
and its surplus applied to canals, roads, schools, &c., and the
farmer will see his government supported, his children educated,
and the face of his country made a paradise by the contributions
of the rich alone, without his being called on to spare a
cent from his earnings. The path we are now pursuing leads
directly to this end, which we cannot fail to attain unless our
administration should fall into unwise hands.
Another great field of political experiment is opening in our
neighborhood, in Spanish America. I fear the degrading ignorance
into which their priests and kings have sunk them, has
disqualified them from the maintenance or even knowledge of
their rights, and that much blood may be shed for little improvement
in their condition. Should their new rulers honestly lay
their shoulders to remove the great obstacles of ignorance, and
press the remedies of education and information, they will still
be in jeopardy until another generation comes into place, and
what may happen in the interval cannot be predicted, nor shall
you or I live to see it. In these cases I console myself with the
reflection that those who will come after us will be as wise as
we are, and as able to take care of themselves as we have been.
I hope you continue to preserve your health, and that you may
long continue to do so in happiness, is the prayer of yours affectionately.
Monticello, April 13, 1811.
My Dear General and Friend,—My last letter to you was
of the 26th of February of the last year. Knowing of no particular
conveyance, I confided it to the department of State, to
be put under the cover of their public despatches to General
Armstrong or Mr. Warden. Not having been able to learn whether
it ever got to hand, I now enclose a duplicate.
Knowing your affections to this country, and the interest you
take in whatever concerns it, I therein gave you a tableau of
its state when I retired from the administration. The difficulties
and embarrassments still continued in our way by the two great
belligerent powers, you are acquainted with. In other times,
when there was some profession of regard for right, some respect
to reason, when a gross violation of these marked a deliberate
design of pointed injury, these would have been causes
of war. But when we see two antagonists contending ad internecionem,
so eager for mutual destruction as to disregard all
means, to deal their blows in every direction regardless on whom
they may fall, prudent bystanders, whom some of them may
wound, instead of thinking it cause to join in the maniac contest,
get out of the way as well as they can, and leave the cannibals
to mutual ravin. It would have been perfect Quixotism in
us to have encountered these Bedlamites, to have undertaken the
redress of all wrongs against a world avowedly rejecting all regard
to right. We have, therefore, remained in peace, suffering
frequent injuries, but, on the whole, multiplying, improving, prospering
beyond all example. It is evident to all, that in spite of
great losses much greater gains have ensued. When these
gladiators shall have worried each other into ruin or reason, instead
of lying among the dead on the bloody arena, we shall
have acquired a growth and strength which will place us hors
d'insulte. Peace then has been our principle, peace is our interest,
and peace has saved to the world this only plant of free and
rational government now existing in it. If it can still be preserved,
we shall soon see the final extinction of our national
debt, and liberation of our revenues for the defence and improvement
of our country. These revenues will be levied entirely on
the rich, the business of household manufacture being now so
established that the farmer and laborer clothes himself entirely.
The rich alone use imported articles, and on these alone the
whole taxes of the general government are levied. The poor
man who uses nothing but what is made in his own farm or
family, or within his own country, pays not a farthing of tax to
the general government, but on his salt; and should we go into
that manufacture also, as is probable, he will pay nothing. Our
revenues liberated by the discharge of the public debt, and its
surplus applied to canals, roads, schools, &c., the farmer will see
his government supported, his children educated, and the face of
his country made a paradise by the contributions of the rich
alone, without his being called on to spend a cent from his earnings.
However, therefore, we may have been reproached for
pursuing our Quaker system, time will affix the stamp of wisdom
on it, and the happiness and prosperity of our citizens will
attest its merit. And this, I believe, is the only legitimate object
of government, and the first duty of governors, and not the
slaughter of men and devastation of the countries placed under
their care, in pursuit of a fantastic honor, unallied to virtue or
happiness; or in gratification of the angry passions, or the pride
of administrators, excited by personal incidents, in which their
citizens have no concern. Some merit will be ascribed to the
converting such times of destruction into times of growth and
strength for us. And behold! another example of man rising
in his might and bursting the chains of his oppressor, and in the
same hemisphere. Spanish America is all in revolt. The insurgents
are triumphant in many of the States, and will be so in
all. But there the danger is that the cruel arts of their oppressors
have enchained their minds, have kept them in the ignorance
of children, and as incapable of self-government as children.
If the obstacles of bigotry and priest-craft can be surmounted,
we may hope that common-sense will suffice to do everything
else. God send them a safe deliverance. As to the private
matter explained in my letter of February 26, the time I shall
have occasion for your indulgence will not be longer than there
stated, and may be shortened if either your convenience or will
should require it. God bless you, and give you many years of
health and happiness, and that you may live to see more of the
liberty you love than present appearances promise.
P. S. Mr. Barnes is now looking out for bills for your usual
annual remittance.
Monticello, April 16, 1811.
Dear Sir,—I felicitate you sincerely on your destination to
Paris, because I believe it will contribute both to your happiness
and the public good. Yet it is not unmixed with regret. What
is to become of our past revolutionary history? Of the antidotes
of truth to the misrepresentations of Marshall? This example
proves the wisdom of the maxim, never to put off to to-morrow
what can be done to-day. But, putting aside vain regrets,
I shall be happy to hear from you in your new situation.
I cannot offer you in exchange the minutiæ of the Cabinet, the
workings in Congress, or under-workings of those around them.
General views are all which we at a distance can have, but general
views are sometimes better taken at a distance than nearer.
The working of the whole machine is sometimes better seen
elsewhere than at its centre. In return you can give me the true
state of things in Europe, what is its real public mind at present,
its disposition towards the existing authority, its secret purposes
and future prospects, seasoned with the literary news. I do not
propose this as an equal barter, because it is really asking you to
give a dollar for a shilling. I must leave the difference to be
made up from other motives. I have been long waiting for a
safe opportunity to write to some friends and correspondents in
France. I troubled Mr. Warden with some letters, and he kindly
offered to take all I could get ready before his departure. But
his departure seems not yet definitely settled, and should he no
go with you, what is in your hands will be less liable to violation
than in his. I therefore take the liberty of asking your care
of the letters now enclosed, and their delivery through confidential
hands. Most of them are of a complexion not proper for
the eye of the police, and might do injury to those to whom
they are addressed. Wishing to yourself and Mrs. Barlow a
happy voyage, and that the execution of the duties of your mission
may be attended with all agreeable circumstances, I salute
you with assurance of my perfect esteem and respect.
Monticello, April 24, 1811.
Dear Sir,—A book confided to me by a friend for translation
and publication has for a twelvemonth past kept me in correspondence
with Colonel Duane. We undertook to have it translated
and published. The last sheets had been revised, and in
a late letter to him, I pressed the printing. I soon afterwards
received one from him informing me that it would be much retarded
by embarrassments recently brought on him by his friends
withdrawing their aid who had been in the habit of lending
their names for his accommodation in the banks. He painted
his situation as truly distressing, and intimated the way in which
relief would be acceptable. The course I pursued on the occasion
will be explained to you in a letter which I have written to
the President, and asked the favor of him to communicate to
you.
A difference of quite another character gives me more uneasiness.
No one feels more painfully than I do, the separation of
friends, and especially when their sensibilities are to be daily
harrowed up by cannibal newspapers. In these cases, however,
I claim from all parties the privilege of neutrality, and to be permitted
to esteem all as I ever did. The harmony which made
me happy while at Washington, is as dear to me now as then,
and I should be equally afflicted, were it, by any circumstance,
to be impaired as to myself. I have so much confidence in the
candor and good sense of both parties, as to trust that the misunderstanding
will lead to no sinister effects, and my constant
prayer will be for blessings on you all.
Monticello, April 30, 1811.
Dear Sir,—I have learnt, with sincere concern, the circumstances
which have taken place at Washington. Some intimations
had been quoted from federal papers, which I had supposed
false, as usual. Their first confirmation to me was from the
National Intelligencer. Still my hopes and confidence were that
your retirement was purely a matter of choice on your part. A
letter I have received from Mr. Hollins makes me suppose there
was a more serious misunderstanding than I had apprehended.
The newspapers indeed had said so, but I yield little faith to
them. No one feels more painfully than I do the separation of
friends, and especially when their sensibilities are to be daily
harrowed up by cannibal newspapers. Suffering myself under
whatever inflicts sufferance on them, I condole with them mutually,
and ask the mutual permission to esteem all, as I ever did;
not to know their differences nor ask the causes of them. The
harmony which made me happy at Washington, is as dear to
me now as it was then, and I should be equally afflicted were it
by any circumstance to be impaired as to myself. I have so
much confidence in the candor and liberality of both parties, as
to trust that the misunderstanding will not be permitted to lead
to any sinister effects, and my constant prayer will be for blessings
on you all.
Monticello, April 30, 1811.
Dear Sir,—When I wrote you my letter of March 28, I had
great confidence that as much at least could have been done for
you as I therein supposed. The friend to whom I confided the
business here, and who was and is zealous, had found such
readiness in those to whom he spoke, as left no other difficulty
than to find the bank responsible. But the Auroras which came
on while this was in transaction, changed the prospect altogether,
and produced a general revulsion of sentiment. The President's
popularity is high through this State, and nowhere higher than
here. They considered these papers as a denunciation of war
against him, and instantly withdrew their offers. I cannot give
you a better account of the effect of the same papers in
Richmond than by quoting the letter of a friend who there undertook
the same office, and with great cordiality. In a letter
to me of April 17, he says, "yours of the 15th, in reply to mine
of the 10th inst., has been brought to me from the office this
instant. On showing it to —— the effect of it was to dispose
him to lend $500, and I wrote my letter of the 10th to you in a
persuasion produced by that incident, as well as by its effect on
my own feelings, that something important might be done for
D. in spite of the adverse spirit, or at least distrust, which the
equivocal character of his paper has lately excited, equivocal in
relation to Mr. Madison. But D.'s three or four last papers contain
such paragraphs in relation to Mr. Madison, that even your
letter cannot now serve him. The paper is now regarded as an
opposition one, and the republicans here have no sympathy with
any one who carries opposition colors. Every gentleman who
mentions this subject in my hearing, speaks with the warmest
resentment against D. Believe me, Sir, it is impossible to do
anything for him here now; and any further attempts would
only disable me from rendering any service to the cause hereafter.
I am persuaded that you will see this subject in its true
light, and be assured that it is the impracticability of serving
him, produced by himself, as well as the violation which I feel
it would be of my sentiments for Mr. Madison, that prevents me
from proceeding." The firm, yet modest character of the writer
of this letter gives great weight to what he says, and I have
thought it best to state it in his own terms, because it will be
better evidence to you than any general description I could give
of the impression made by your late papers. Indeed I could
give none, for going little from home, I cannot personally estimate
the public sentiment. The few I see are very unanimous
in support of their Executive and legislative functionaries. I
have thought it well, too, that you should know exactly the feelings
here, because if you get similar information from other respectable
portions of the union, it will naturally beget some suspicion
in your own mind that finding such a mass of opinion variant
from your own, you may be under erroneous impressions, meriting
re-examination and consideration. I think an Editor should
be independent, that is, of personal influence, and not be moved
from his opinions on the mere authority of any individual. But,
with respect to the general opinion of the political section with
which he habitually accords, his duty seems very like that of a
member of Congress. Some of these indeed think that independence
requires them to follow always their own opinion,
without respect for that of others. This has never been my
opinion, nor my practice, when I have been of that or any other
body. Differing, on a particular question, from those whom I
knew to be of the same political principles with myself, and
with whom I generally thought and acted, a consciousness of
the fallibility of the human mind, and of my own in particular,
with a respect for the accumulated judgment of my friends, has
induced me to suspect erroneous impressions in myself, to suppose
my own opinion wrong, and to act with them on theirs.
The want of this spirit of compromise, or of self-distrust, proudly,
but falsely called independence, is what gives the federalists
victories which they could never obtain, if these brethren could
learn to respect the opinions of their friends more than of their
enemies, and prevents many able and honest men from doing
all the good they otherwise might do. I state these considerations
because they have often quieted my own conscience in
voting and acting on the judgment of others against my own;
and because they may suggest doubts to yourself in the present
case. Our Executive and legislative authorities are the choice
of the nation, and possess the nation's confidence. They are
chosen because they possess it, and the recent elections prove it
has not been abated by the attacks which have for some time
been kept up against them. If the measures which have been
pursued are approved by the majority, it is the duty of the minority
to acquiesce and conform. It is true indeed that dissentients
have a right to go over to the minority, and to act with them.
But I do not believe your mind has contemplated that course,
that it has deliberately viewed the strange company into which
it may be led, step by step, unintended and unperceived by
itself. The example of John Randolph is a caution to all
honest and prudent men, to sacrifice a little of self-confidence,
and to go with their friends, although they may sometimes think
they are going wrong. After so long a course of steady adherence
to the general sentiments of the republicans, it would afflict
me sincerely to see you separate from the body, become
auxiliary to the enemies of our government, who have to you
been the bitterest enemies, who are now chuckling at the prospect
of division among us, and, as I am told, are subscribing for
your paper. The best indication of error which my experience
has tested, is the approbation of the federalists. Their conclusions
necessarily follow the false bias of their principles. I claim,
however, no right of guiding the conduct of others; but have
indulged myself in these observations from the sincere feelings
of my heart. Retired from all political interferences I have been
induced into this one by a desire, first of being useful to you personally,
and next of maintaining the republican ascendency.
Be its effect what it may, I am done with it, and shall look on
as an inactive, though not an unfeeling, spectator of what is to
ensue. As far as my good will may go, for I can no longer act, I
shall adhere to my government executive and legislative, and, as
long as they are republican, I shall go with their measures,
whether I think them right or wrong; because I know they are
honest, and are wiser and better informed than I am. In doing
this, however, I shall not give up the friendship of those who
differ from me, and who have equal right with myself to shape
their own course. In this disposition be assured of my continued
esteem and respect.
P. S. Be so good as to consider the extract from my friend's
letter as confidential, because I have not his permission to make
this use of it.
Monticello, May 3, 1811.
Dear Sir,—The interest you were so kind as to take, at my
request, in the case of Duane, and the communication to you of
my first letter to him, entitles you to a communication of the 2d,
which will probably be the last. I have ventured to quote your
letter in it, without giving your name, and even softening some
of its expressions respecting him. It is possible Duane may be
reclaimed as to Mr. Madison. But as to Mr. Gallatin, I despair
of it. That enmity took its rise from a suspicion that Mr. Gallatin
interested himself in the election of their governor against
the views of Duane and his friends. I do not believe Mr. Gallatin
meddled in it. I was in conversation with him nearly every
day during the contest, and never heard him express any bias in
the case. The ostensible grounds of the attack on Mr. Gallatin
are all either false or futile. 1st. They urge his conversations
with John Randolph. But who has revealed these conversations?
What evidence have we of them? merely some oracular sentences
from J. R., uttered in the heat of declamation, and never
stated with all their circumstances. For instance, that a cabinet
member informed him there was no cabinet. But Duane himself
has always denied there could be a legal one. Besides, the
fact was true at that moment, to-wit: early in the session of Congress.
I had been absent from Washington from the middle of
July to within three weeks of their meeting. During the separation
of the members there could be no consultation, and between
our return to Washington and the meeting of Congress,
there really had arisen nothing requiring general consultation,
nothing which could not be done in the ordinary way by consultation
between the President and the head of the department
to which the matter belonged, which is the way everything is
transacted which is not difficult as well as important. Mr. Gallatin
might therefore have said this as innocently as truly, and a
malignant perversion of it was perfectly within the character of
John Randolph. But the story of the two millions. Mr. Gallatin
satisfied us that this affirmation of J. R. was as unauthorized
as the fact itself was false. It resolves itself, therefore, into his
inexplicit letter to a committee of Congress. As to this, my own
surmise was that Mr. Gallatin might have used some hypothetical
expression in conversing on that subject, which J. R. made a
positive one, and he being a duellist, and Mr. Gallatin with a
wife and children depending on him for their daily subsistence,
the latter might wish to avoid collision and insult from such a
man. But they say he was hostile to me. This is false. I was
indebted to nobody for more cordial aid than to Mr. Gallatin, nor
could any man more solicitously interest himself in behalf of
another than he did of myself. His conversations with Erskine
are objected as meddling out of his department. Why, then, do
they not object Mr. Smith's with Rose? the whole, nearly, of
that negotiation, as far as it was transacted verbally, was by Mr.
Smith. The business was in this way explained informally, and
on understandings thus obtained, Mr. Madison and myself shaped
our formal proceedings. In fact, the harmony among us was so
perfect, that whatever instrument appeared most likely to effect
the object, was always used without jealousy. Mr. Smith happened
to catch Mr. Rose's favor and confidence at once. We
perceived that Rose would open himself more frankly to him
than to Mr. Madison, and we therefore made him the medium of
obtaining an understanding of Mr. Rose. Mr. Gallatin's support
of the bank has, I believe, been disapproved by many. He was
not in Congress when that was established, and therefore had
never committed himself, publicly, on the constitutionality of that
institution, nor do I recollect ever to have heard him declare himself
on it. I know he derived immense convenience from it, because
they gave the effect of ubiquity to his money wherever deposited.
Money in New Orleans or Maine was at his command,
and by their agency transformed in an instant into money in
London, in Paris, Amsterdam or Canton. He was, therefore, cordial
to the bank. I often pressed him to divide the public deposits
among all the respectable banks, being indignant myself
at the open hostility of that institution to a government on whose
treasuries they were fattening. But his repugnance to it prevented
my persisting. And if he was in favor of the bank, what
is the amount of that crime or error in which he had a majority
save one in each House of Congress as participators? yet on these
facts, endeavors are made to drive from the administration the
ablest man except the President, who ever was in it, and to beat
down the President himself, because he is unwilling to part with
so able a counseller. I believe Duane to be a very honest man
and sincerely republican; but his passions are stronger than his
prudence, and his personal as well as general antipathies render
him very intolerant. These traits lead him astray, and require
his readers, even those who value him for his steady support of
the republican cause, to be on their guard against his occasional
aberrations. He is eager for war against England, hence his
abuse of the two last Congresses. But the people wish for peace.
The re-elections of the same men prove it. And indeed, war
against bedlam would be just as rational as against Europe in its
present condition of total demoralization. When peace becomes
more losing than war, we may prefer the latter on principles of
pecuniary calculation. But for us to attempt, by war, to reform
all Europe, and bring them back to principles of morality and a
respect for the equal rights of nations, would show us to be only
maniacs of another character. We should, indeed, have the
merit of the good intentions as well as of the folly of the hero
of La Mancha. But I am getting beyond the object of my letter,
and will therefore here close it with assurances of my great
esteem and respect.
I have rejoiced to see Ritchie declare himself in favor of the
President on the late attack against him, and wish he may do
the same as to Mr. Gallatin. I am sure he would if his information
was full. I have not an intimacy with him which might
justify my writing to him directly, but the enclosed letter to you
is put into such a form as might be shown to him, if you think
proper to do so. Perhaps the facts stated in it, probably unknown
to him, may have some effect. But do in this as you think best.
Be so good as to return the letter to Duane, being my only copy,
and to be assured of my affectionate esteem and respect.
Monticello, May 3, 1811.
Monticello, May 5, 1811.
Dear Sir,—Your favor of April 17th came duly to hand.
Nobody has regretted more sincerely than myself, the incidents
which have happened at Washington. The early intimations
which I saw quoted from federal papers were disregarded by me,
because falsehood is their element. The first confirmation was
from the National Intelligencer, soon followed by the exultations
of other papers whose havoc is on the feelings of the virtuous.
Sincerely the friend of all the parties, I ask of none why they
have fallen out by the way, and would gladly infuse the oil and
wine of the Samaritan into all their wounds. I hope that time,
the assuager of all evils, will heal these also; and I pray from
them all a continuance of their affection, and to be permitted to
bear to all the same unqualified esteem. Of one thing I am certain,
that they will not suffer personal dissatisfactions to endanger
the republican cause. Their principles, I know, are far above all
private considerations. And when we reflect that the eyes of
the virtuous all over the earth are turned with anxiety on us, as
the only depositories of the sacred fire of liberty, and that our
falling into anarchy would decide forever the destinies of mankind,
and seal the political heresy that man is incapable of self-government,
the only contest between divided friends should be
who will dare farthest into the ranks of the common enemy.
With respect to Mr. Foster's mission, it cannot issue but as Rose's
and Jackson's did. It can no longer be doubted that Great
Britain means to claim the ocean as her conquest, and to suffer
not even a cock-boat, as they express it, to traverse it but on paying
them a transit duty to support the very fleet which is to keep
the nations under tribute, and to rivet the yoke around their
necks. Although their government has never openly avowed this,
yet their orders of council, in their original form, were founded
on this principle, and I have observed for years past, that however
ill success may at times have induced them to amuse by negotiation,
they have never on any occasion dropped a word disclaiming
this pretension, nor one which they would have to retract
when they shall judge the times ripe for openly asserting
it. Protraction is therefore the sole object of Foster's mission.
They do not wish war with us, but will meet it rather than relinquish
their purpose.
With earnest prayers to all my friends to cherish mutual good
will, to promote harmony and conciliation, and above all things
to let the love of our country soar above all minor passions, I
tender you the assurance of my affectionate esteem and respect.
Monticello, May 5, 1811.
Dear Sir,—Your favor on your departure from Richmond,
came to hand in due time. Although I may not have been
among the first, I am certainly with the sincerest, who congratulate
you on your entrance into the national councils. Your
value there has never been unduly estimated by those whom personal
feelings did not misguide. The late misunderstandings at
Washington have been a subject of real concern to me. I know
that the dissolutions of personal friendship are among the most
painful occurrences in human life. I have sincere esteem for all
who have been affected by them, having passed with them eight
years of great harmony and affection. These incidents are rendered
more distressing in our country than elsewhere, because
our printers ravin on the agonies of their victims, as wolves do
on the blood of the lamb. But the printers and the public are
very different personages. The former may lead the latter a
little out of their track, while the deviation is insensible; but the
moment they usurp their direction and that of their government,
they will be reduced to their true places. The two last Congresses
have been the theme of the most licentious reprobation
for printers thirsting after war, some against France and some
against England. But the people wish for peace with both.
They feel no incumbency on them to become the reformers of
the other hemisphere, and to inculcate, with fire and sword, a return
to moral order. When, indeed, peace shall become more
losing than war, they may owe to their interests what these
Quixotes are clamoring for on false estimates of honor. The
public are unmoved by these clamors, as the re-election of their
legislators shows, and they are firm to their executive on the subject
of the more recent clamors.
We are suffering here, both in the gathered and the growing
crop. The lowness of the river, and great quantity of produce
brought to Milton this year, render it almost impossible to get our
crops to market. This is the case of mine as well yours, and the
Hessian fly appears alarmingly in our growing crops. Everything
is in distress for the want of rain.
Present me respectfully to Mrs. Monroe, and accept yourself
assurances of my constant and affectionate esteem.
Monticello, May 11, 1811.
Sir,—Your favor of November 4, 1809, did not get to my
hands till a twelvemonth after its date. Be pleased to accept my
thanks for the publication your were pleased to send me. That
for Dr. Barton I forwarded to him. His researches into the Indian
languages of our continent being continued, I hope it will
be in his power to make to you communications useful to the
object you are pursuing. This will lessen to me the regret that
my retirement into an interior part of the country, as well as my
age and little intercourse with the world, will scarcely afford me
opportunities of contributing to your information. It is extremely
to be desired that your researches should receive every aid and
encouragement. I have long considered the filiation of languages
as the best proof we can ever obtain of the filiation of nations.
With my best wishes for the success of your undertaking, accept
the assurances of my high consideration and respect.
Monticello, May 12, 1811.
Sir,—I have received your letter of August 19th, and with it
the volume of chronology you were so kind as to send me, for
which be pleased to accept my thanks. It presents a happy combination
of sparse and unconnected facts, which, brought together
and fitted to each other, forms a whole of symmetry as well as
of system. It is as a gleam of light flashed over the dark abyss
of times past. Nothing would be more flattering to me than to
give aid to your inquiries as to this continent, and to weave its
ancient history into the web of the old world; and with this
view, to accept the invitation to a correspondence with you on
the subject. But time tells me I am nearly done with the
history of the world; that I am now far advanced in the last
chapter of my own, and that its last verse will be read out ere a
few letters could pass between St. Petersburg and Monticello. I
shall serve you therefore more permanently, by bequeathing to
you another correspondent, more able, more industrious, and more
likely to continue in life than myself. Dr. Benjamin S. Barton,
one of the Professors of the college of Philadelphia, is learned in
the antiquities of this country, has employed much time and
attention on researches into them, is active and punctual, and will,
I think, better fulfil your wishes than any other person in the
United States. If you will have the goodness to address a letter
to him on the subject, with the inquiries you wish to make, he
will, I am sure, set a just value on the correspondence proposed,
for which I shall take care to prepare him, and in committing to
better hands an honor which in earlier life I should have taken a
pleasure in endeavoring to merit, I make a sacrifice of my own
self-love, which is the strongest proof I can give you of the high
respect and consideration of which I now tender you the assurance.
Monticello, July 3d, 1811.
Dear Sir,—I have seen with very great concern the late address
of Mr. Smith to the public. He has been very ill-advised,
both personally and publicly. As far as I can judge from what I
hear, the impression made is entirely unfavorable to him. Every
man's own understanding readily answers all the facts and insinuations,
one only excepted, and for that they look for explanations
without any doubt that they will be satisfactory. What
is Irving's case? I have answered the inquiries of several on
this head, telling them at the same time what was really the truth,
that the failure of my memory enabled me to give them rather
conjectures than recollections. For in truth, I have but indistinct
recollections of the case. I know that what was done was
on a joint consultation between us, and I have no fear that what
we did will not have been correct and cautious. What I retain
of the case, on being reminded of some particulars, will reinstate
the whole firmly in my remembrance, and enable me to state
them to inquirers with correctness, which is the more important
from the part I bore in them. I must therefore ask the favor of
you to give me a short outline of the facts, which may correct as
well as supply my own recollections. But who is to give an explanation
to the public? not yourself, certainly. The Chief
Magistrate cannot enter the arena of the newspapers. At least
the occasion should be of a much higher order. I imagine there
is some pen at Washington competent to it. Perhaps the best
form would be that of some one personating the friend of Irving,
some one apparently from the North. Nothing labored is requisite.
A short and simple statement of the case will, I am sure,
satisfy the public. We are in the midst of a so-so harvest, probably
one-third short of the last. We had a very fine rain on Saturday
last. Ever affectionately yours.
Monticello, July 22, 1811.
Dear Sir,—I had not supposed a letter would still find you
at Washington. Yours by late post tells me otherwise. Those
of May 2d and 15th had been received in due time. With respect
to my books, lodged at the President's house, if you should
see Mr. Coles, the President's Secretary, and be so good as to
mention it, he will be so kind as to have them put on board some
vessel bound to Richmond, addressed to the care of Gibson &
Jefferson there, whom he knows. Your doubts whether any
good can be effected with the emperor of France are too well
grounded. He has understanding enough, but it is confined to
particular lines. Of the principles and advantages of commerce
he appears to be ignorant, and his domineering temper deafens
him moreover to the dictates of interest, of honor and of morality.
A nation like ours, recognizing no arrogance of language
or conduct, can never enjoy the favor of such a character. The
impression, too, which our public has been made to receive from
the different styles of correspondence used by two of our foreign
agents, has increased the difficulties of steering between the bristling
pride of the two parties. It seems to point out the Quaker
style of plain reason, void of offence:—the suppression of all
passion, and chaste language of good sense. Heaven prosper
your endeavors for our good, and preserve you in health and
happiness.
Monticello, July 25, 1811.
Dear Sir,—Your letter of the 5th, with the volume of Montesquieu
accompanying it, came to hand in due time; the latter
indeed in lucky time, as, enclosing it by the return of post, I was
enabled to get it into Mr. Warden's hands before his departure,
for a friend abroad to whom it will be a most acceptable offering.
Of the residue of the copies I asked, I would wish to receive
one well bound for my own library, the others in boards as that
before sent. One of these in boards may come to me by post,
for use until the others are received, which I would prefer having
sent by water, as vessels depart almost daily from Philadelphia
for Richmond. Messrs. Gibson & Jefferson of that place
will receive and forward the packet to me. Add to it, if you
please, a copy of Franklin's works, bound, and send me by post
a note of the amount of the whole, and of my newspaper account,
which has been suffered to run in arrear by the difficulty
of remitting small and fractional sums to a distance, from a canton
having only its local money, and little commercial intercourse
beyond its own limits.
I learnt with sincere regret that my former letters had given
you pain. Nothing could be further from their intention. What
I had said and done was from the most friendly dispositions towards
yourself, and from a zeal for maintaining the republican
ascendency. Federalism, stripped as it now nearly is, of its
landed and laboring support, is monarchism and Anglicism, and
whenever our own dissensions shall let these in upon us, the last
ray of free government closes on the horizon of the world. I
have been lately reading Komarzewski's coup d'œil on the history
of Poland. Though without any charms of style or composition,
it gives a lesson which all our countrymen should study;
the example of a country erased from the map of the world by
the dissensions of its own citizens. The papers of every day
read them the counter lesson of the impossibility of subduing a
people acting with an undivided will. Spain, under all her
disadvantages, physical and mental, is an encouraging example
of this. She proves too, another truth not less valuable, that a
people having no king to sell them for a mess of pottage for himself,
no shackles to restrain their powers of self-defence, find resources
within themselves equal to every trial. This we did
during the revolutionary war, and this we can do again, let who
will attack us, if we act heartily with one another. This is my
creed. To the principles of union I sacrifice all minor differences
of opinion. These, like differences of face, are a law
of our nature, and should be viewed with the same tolerance.
The clouds which have appeared for some time to be gathering
around us, have given me anxiety lest an enemy, always on the
watch, always prompt and firm, and acting in well-disciplined
phalanx, should find an opening to dissipate hopes, with the loss
of which I would wish that of life itself. To myself personally
the sufferings would be short. The powers of life have declined
with me more in the last six months than in as many
preceding years. A rheumatic indisposition, under which your
letter found me, has caused this delay in acknowledging its receipt,
and in the expressions of regret that I had inadvertently
said or done anything which had given you uneasiness. I pray
you to be assured that no unkind motive directed me, and that
my sentiments of friendship and respect continue the same.
Monticello, August 4, 1811.
Dear Sir,—Your favor of May 24th was very long on its
passage to me. It gave us all pleasure to learn from yourself
the progress of your peregrination, and your prospect of approaching
rest for awhile, among our Western brethren—of
"rest for the body some, none for the mind." So that action
is said to be all its joy; and we have no more remarkable
proof of it than in yourself. The newspapers have kept
us informed of the splendid course you have run, and of the
flattering impressions made on the public mind, and which
must have been so grateful to yourself. The new intellectual
feast you are preparing for them in your Western retirement, will
excite new appetites, and will be hailed like the returning sun,
when he re-appears in the East. Your peripatetic enterprise,
when first made known to us, alarmed our apprehensions for you,
lest the taste of the times, and of our country, should not be up
to the revival of this classical experiment. Much to their credit,
however, unshackled by the prejudices which chain down the
minds of the common mass of Europe, the experiment has proved
that, where thought is free in its range, we need never fear to
hazard what is good in itself. This sample of the American
mind is an additional item for the flattering picture your letter
presents of our situation, and our prospects. I firmly believe in
them all; and that human nature has never looked forward,
under circumstances so auspicious, either for the sum of happiness,
or the spread of surface provided to receive it. Very
contrary opinions are inculcated in Europe, and in England especially,
where I much doubt if you would be tolerated in presenting
the views you propose. The English have been a wise,
a virtuous and truly estimable people. But commerce and a
corrupt government have rotted them to the core. Every generous,
nay, every just sentiment, is absorbed in the thirst for gold.
I speak of their cities, which we may certainly pronounce to be
ripe for despotism, and fitted for no other government. Whether
the leaven of the agricultural body is sufficient to regenerate
the residuary mass, and maintain it in a sound state, under any
reformation of government, may well be doubted. Nations, like
individuals, wish to enjoy a fair reputation. It is therefore desirable
for us that the slanders on our country, disseminated by
hired or prejudiced travellers, should be corrected; but politics,
like religion, hold up the torches of martyrdom to the reformers
of error. Nor is it in the theatre of Ephesus alone that tumults
have been excited when the crafts were in danger. You must
be cautious, therefore, in telling unacceptable truths beyond the
water. You wish me to suggest any subject which occurs to
myself as fit for the rostrum. But your own selection has
proved you would have been aided by no counsel, and that you
can best judge of the topics which open to your own mind a
field for development, and promise to your hearers instruction
better adapted to the useful purposes of society, than the weekly
disquisitions of their hired instructors. All the efforts of these
people are directed to the maintenance of the artificial structure
of their craft, viewing but as a subordinate concern the inculcation
of morality. If we will be but Christians, according to
their schemes of Christianity, they will compound good-naturedly
with our immoralities.
Cannot your circuit be so shaped as to lead you through our
neighborhood on your return? It would give us all great pleasure
to see you, if it be only en passant, for after such a survey
of varied country, we cannot flatter ourselves that ours would
be the selected residence. But whether you can visit us or not,
I shall always be happy to hear from you, and to know that you
succeed in whatever you undertake. With these assurances accept
those of great esteem and respect from myself and all the
members of my family.
P. S. Since writing the above, an interesting subject occurs.
What would you think of a discourse on the benefit of the
union and miseries which would follow a separation of the States,
to be exemplified in the eternal and wasting wars of Europe, in
the pillage and profligacy to which these lead, and the abject
oppression and degradation to which they reduce its inhabitants?
Painted by your vivid pencil, what could make deeper
impressions, and what impressions could come more home
to our concerns, or kindle a livelier sense of our present blessings?
Monticello, August 8, 1811.
Dear Sir,—I ask the favor of you to purchase for me as
much fresh timothy seed as the enclosed bill will pay for, pack
and forward, and that you will have the goodness to direct it to
be lodged at Mr. Leitch's store in Charlottesville by the waggoner
who brings it. You see how bold your indulgencies
make me in intruding on your kindness.
I do not know that the government means to make known
what has passed between them and Foster before the meeting of
Congress; but in the meantime individuals, who are in the way,
think they have a right to fish it out, and in this way the sum
of it has become known. Great Britain has certainly come forward
and declared to our government by an official paper, that
the conduct of France towards her during this war has obliged
her to take possession of the ocean, and to determine that no
commerce shall be carried on with the nations connected with
France; that, however, she is disposed to relax in this determination
so far as to permit the commerce which may be carried on
through the British ports. I have, for three or four years, been
confident that, knowing that her own resources were not adequate
to the maintenance of her present navy, she meant with it
to claim the conquest of the ocean, and to permit no nation to
navigate it, but on payment of a tribute for the maintenance of
the fleet necessary to secure that dominion. A thousand circumstances
brought together left me without a doubt that that
policy directed all her conduct, although not avowed. This is
the first time she has thrown off the mask. The answer and
conduct of the government have been what they ought to have
been, and Congress is called a little earlier, to be ready to act on
the receipt of the reply, for which time has been given.
God bless you. From yours affectionately.
Poplar Forest, August 14, 1811.
Dear General and Friend,— * * * * *
I am happy to learn that your own health is good, and I hope it
will long continue so. The friends we left behind us have fallen
out by the way. I sincerely lament it, because I sincerely esteem
them all, and because it multiplies schisms where harmony
is safety. As far as I have been able to judge, however, it has
made no sensible impression against the government. Those who
were murmuring before are a little louder now; but the mass of
our citizens is firm and unshaken. It furnishes, as an incident,
another proof that they are perfectly equal to the purposes of
self-government, and that we have nothing to fear for its stability.
The spirit, indeed, which manifests itself among the tories of
your quarter, although I believe there is a majority there sufficient
to keep it down in peaceable times, leaves me not without some
disquietude. Should the determination of England, now formally
expressed, to take possession of the ocean, and to suffer no
commerce on it but through her ports, force a war upon us, I
foresee a possibility of a separate treaty between her and your
Essex men, on the principles of neutrality and commerce. Pickering
here, and his nephew Williams there, can easily negotiate
this. Such a lure to the quietists in our ranks with you, might
recruit theirs to a majority. Yet, excluded as they would be
from intercourse with the rest of the Union and of Europe, I
scarcely see the gain they would propose to themselves, even for
the moment. The defection would certainly disconcert the other
States, but it could not ultimately endanger their safety. They
are adequate, in all points, to a defensive war. However, I hope
your majority, with the aid it is entitled to, will save us from this
trial, to which I think it possible we are advancing. The death
of George may come to our relief; but I fear the dominion of
the sea is the insanity of the nation itself also. Perhaps, if some
stroke of fortune were to rid us at the same time from the Mammoth
of the land as well as the Leviathan of the ocean, the
people of England might lose their fears, and recover their sober
senses again. Tell my old friend, Governor Gerry, that I gave
him glory for the rasping with which he rubbed down his herd
of traitors. Let them have justice and protection against personal
violence, but no favor. Powers and preëminences conferred
on them are daggers put into the hands of assassins, to be
plunged into our own bosoms in the moment the thrust can go
home to the heart. Moderation can never reclaim them. They
deem it timidity, and despise without fearing the tameness from
which it flows. Backed by England, they never lose the hope
that their day is to come, when the terrorism of their earlier
power is to be merged in the more gratifying system of deportation
and the guillotine. Being now hors de combat myself, I
resign to others these cares. A long attack of rheumatism has
greatly enfeebled me, and warns me that they will not very long
be within my ken. But you may have to meet the trial, and in
the focus of its fury. God send you a safe deliverance, a happy
issue out of all afflictions, personal and public, with long life,
long health, and friends as sincerely attached as yours affectionately.