THE
WRITINGS
OF
THOMAS JEFFERSON:

BEING HIS

AUTOBIOGRAPHY, CORRESPONDENCE, REPORTS, MESSAGES, ADDRESSES, AND OTHER WRITINGS, OFFICIAL
AND PRIVATE.

PUBLISHED BY THE ORDER OF THE JOINT COMMITTEE OF CONGRESS ON THE LIBRARY,
FROM THE ORIGINAL MANUSCRIPTS,
DEPOSITED IN THE DEPARTMENT OF STATE.

WITH EXPLANATORY NOTES, TABLES OF CONTENTS, AND A COPIOUS INDEX
TO EACH VOLUME, AS WELL AS A GENERAL INDEX TO THE WHOLE,
BY THE EDITOR
H. A. WASHINGTON.

VOL. V.

NEW YORK:
H. W. DERBY, 625 BROADWAY.
1861.

Entered, according to Act of Congress, in the year 1853, by
TAYLOR & MAURY,
In the Clerk's Office of the District Court for the District of Columbia.

CONTENTS TO VOL. V.

BOOK II.

Part III.—Continued.—Letters written after his return to the United States down to the time of his death.—(1790-1826,)—3.

PART III.—Continued.

LETTERS WRITTEN AFTER HIS RETURN TO THE U. S. DOWN TO THE TIME OF HIS DEATH.

1790-1826.

TO WILSON C. NICHOLAS.—(Confidential.)

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. [4] 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.

TO WILSON C. NICHOLAS.

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 [5]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.

TO MR. HARRIS.

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 [6]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 [7]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.

TO THE EMPEROR OF RUSSIA.

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.

[8]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 [9]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.

TO COLONEL MONROE.

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 [10]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 [11]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 [12]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 [13]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.

TO GENERAL SMITH.

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 [14]have an amicable arrangement with that government. Accept my friendly salutations, and assurances of great esteem and respect.

TO MR. DIGGES.

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.

TO MR. BIDWELL.

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, [15]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 [16]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 [17]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.

TO MR. BOWDOIN.

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 [18]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. [19]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.

TO W. A. BURWELL.

Monticello, September 17, 1806.

[20]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 [21]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 [22]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.

TO ALBERT GALLATIN.

Washington, October 12, 1806.

[23]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.

TO GENERAL WILKINSON.

Washington, January 3, 1807.

[24]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 [25]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 [26]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.

TO MR. GALLATIN.

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?

* * * * * * * *

TO MR. GALLATIN.

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 [27]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.

TO MR. CHARLES CLAY.

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, [28]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.

TO JONATHAN WILLIAMS AND C. W. PEALE, JUDGES OF ELECTION FOR THE A. P. SOCIETY.

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.

[29]Tendering them my humble respects, permit me to add for yourselves my friendly salutations, and assurances of high consideration.

TO MR. GALLATIN.

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.

TO JOHN DICKINSON.

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 [30]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.

[31]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.

TO MR. HENING.

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 [32]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.

TO DANIEL CLARKE, ESQ.

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. [33]

TO GENERAL SHEE.

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.

TO CAPTAIN CHRISTIAN.

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 [34]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.

TO GOVERNOR PINCKNEY.

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 [35]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.

TO THE SECRETARY OF THE TREASURY.

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 [36]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.

TO MR. GALLATIN.

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 [37]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.

TO MR. MADISON.

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.

TO H. D. GOVERNOR TIFFIN.

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 [38]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.

TO GENERAL WILKINSON.

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 [39]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 [40]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.

TO GOVERNOR CLAIBORNE.

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 [41]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.

TO MR. SMITH.

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:

[42]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.

TO MR. GALLATIN.

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. [43]

TO THOMAS SEYMOUR, ESQ.

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 [44]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.

TO GENERAL DEARBORNE.

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. [45]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.

TO MR. NICHOLSON.

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. [46]

TO DR. WISTAR.

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.

TO MR. CHANDLER PRICE.

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 [47]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.

TO THE KING OF HOLLAND.

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 [48]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.

TO WILSON C. NICHOLAS.

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, [49]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.

TO MR. GALLATIN.

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.

TO ROBERT BRENT, ESQ.

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.

[50]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.

TO MR. GALLATIN.

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 [51]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.

TO THE GOVERNOR OF KENTUCKY, TENNESSEE, OHIO, AND MISSISSIPPI.

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 [52]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.

TO JAMES MONROE.

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 [53]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 [54]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.

TO ROBERT R. LIVINGSTON, ESQ.

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 [55]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.

TO ——.

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 [56]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.

TO COLONEL G. MORGAN.

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; [57]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.

TO MR. COXE.

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 [58]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. [59]

TO LEVETT HARRIS, ESQ.

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.

TO MR. GALLATIN.

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 [60]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.

TO GENERAL DEARBORNE.

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. [61]

TO MR. ROBERT PATTERSON.

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.

TO M. LE COMTE DIODATI.

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 [62]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 [63]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.

TO MR. BOWDOIN.

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. [64]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 [65]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.

TO WILLIAM B. GILES.

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 [66]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 [67]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 [68]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 [69]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.

TO THE SECRETARY OF STATE.

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 [70]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.

TO MR. GALLATIN.

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 [71]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. [72]

TO MR. NIEMCEWICZ.

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.

TO MR. MADISON.

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 [73]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.

TO MR. THOMAS MOORE.

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. [74]

TO MR. MADISON.

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.

TO MR. OLIVER EVANS.

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 [75]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 [76]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.

TO J. MADISON.

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. [77]

TO THE HONORABLE JOHN SMITH.

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.

TO MR. MADISON.

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 [78]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.

TO MR. HAY.

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 [79]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.

TO MR. DE LA COSTE.

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 [80]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.

TO MR. CLINTON.

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. [81]

TO GEORGE HAY, ESQ.

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. [82]

TO MR. HAY.

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.

TO COLONEL MONROE.

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 [83]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.

TO M. SILVESTRE, SECRETAIRE DE LA SOCIETE D'AGRICULTURE DE PARIS.

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. [84]

TO GEORGE HAY.

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 [85]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. [86]

TO ALBERT GALLATIN.

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.

TO GEORGE HAY.

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, [88]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.

TO MR. WEAVER.

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 [89]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. [90]

TO DOCTOR HORATIO TURPIN.

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.

TO JOHN NORVELL.

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 [91]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 [92]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 [93]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.

TO WILLIAM SHORT.

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 [94]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.

TO GEORGE HAY.

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 [95]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 [96]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.

TO GEORGE HAY.

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 [97]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. [98]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.

TO GEORGE HAY.

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. [99]

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.

[100]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.

TO GOVERNOR SULLIVAN.

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 [101]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, [102]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.

TO GEORGE HAY.

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 [103]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 [104]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.

TO DOCTOR WISTAR.

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 [105]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 [107]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 [107]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, [108]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. [109]

TO GENERAL WILKINSON.

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 [110]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.

TO THE SECRETARY OF WAR.

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 [111]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." [112]

TO MR. HAY.

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. [113]

TO GEORGE BLAKE, ESQ.

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. [114]

TO GENERAL DEARBORNE.

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.

TO MR. GALLATIN.

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.

TO GOVERNOR CABELL.

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, [115]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.

TO MR. GALLATIN.

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.

TO THE VICE-PRESIDENT OF THE UNITED STATES.

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 [116]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.

TO COLONEL TATHAM.

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 [117]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.

TO THE SECRETARY AT WAR.

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. [118]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.

TO THE MASTERS AND OTHER OFFICERS SAILING TO AND FROM THE PORTS OF NORFOLK AND PORTSMOUTH.

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.

TO GOVERNOR CABELL.

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 [119]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.

TO CAPTAIN J. SAUNDERS, FORT NELSON.

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 [120]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.

TO GENERAL MATTHEWS.

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. [121]

TO THE HONORABLE THOMAS COOPER.

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. [122]

TO THE SECRETARY AT WAR.

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.

TO MR. GALLATIN.

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 [123]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

TO MR. BOWDOIN.

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, [124]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. [125]

TO CAPTAIN BEATTY, FOR HIMSELF, THE OTHER OFFICERS AND PRIVATES OF THE LIGHT INFANTRY COMPANY OF GEORGETOWN.

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.

TO MR. BIDWELL.

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 [126]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.

TO THE SECRETARY AT WAR.

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 [127]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.

TO M. DUPONT DE NEMOURS.

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 [128]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 [129]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.

TO THE MARQUIS DE LA FAYETTE.

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 [130]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 [131]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. [132]

TO GOVERNOR CABELL.

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. [133]

TO MADAME DE STAEL DE HOLSTEIN.

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, [134]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.

TO GENERAL ARMSTRONG.

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 [135]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.

TO THE SECRETARY AT WAR.

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.

TO JOHN PAGE.

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 [136]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 [137]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.

TO BENJAMIN MORGAN, ESQ.

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. [138]

TO GOVERNOR CABELL.

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 [139]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.

TO WILLIAM DUANE.

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, [140]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.

TO MR. GAINES.

Washington, July 23, 1807.

Thomas Jefferson has re-examined the complaints in the memorial from Tombigbee, and Mr. Gaines' explanation. The complaints are: [141]

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.

TO GOVERNOR CABELL.

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 [142]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 [143]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.

TO GOVERNOR CABELL.

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 [144]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. [145]

TO COLONEL TATHAM.

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. [146]

TO GENERAL SMITH.

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 [147]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.

TO THE MASTERS OF VESSELS IN THE PORT OF CHARLESTON, S. C.

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.

TO GOVERNOR CABELL.

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 [148]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.

TO COLONEL JOHN TAYLOR.

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. [149]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.

TO GENERAL DEARBORNE.

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 [150]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.

TO HIS EXCELLENCY GOVERNOR CABELL.

Monticello, August 7, 1807.

Dear Sir,—Your letters of July 31st and August 5th were received yesterday. The ground taken in conformity with the [151]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 [152]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 [153]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.

TO HIS EXCELLENCY GOVERNOR LEWIS.

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. [154]

TO THE SECRETARY OF STATE.

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. [155]

TO THE SECRETARY AT WAR.

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. [156]

TO HIS EXCELLENCY GOVERNOR CABELL.

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.

TO MR. THORNWICK CHASE.

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. [157]

TO THE SECRETARY OF THE NAVY.

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.

TO THE SECRETARY AT WAR.

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 [158]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.

TO HIS EXCELLENCY GOVERNOR CABELL.

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 [159]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, [160]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 [161]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 [162]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.

TO THE SECRETARY AT WAR.

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 [163]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. [164]

TO THE SECRETARY OF STATE.

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 [165]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.

TO COLONEL FULTON.

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. [166]

TO GOVERNOR CABELL.

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. [167]

TO THE SECRETARY AT WAR.

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.

TO THE SECRETARY OF STATE.

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 [168]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.

TO JOHN NICHOLAS.

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 [169]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.

TO MR. MADISON.

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 [170]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.

TO HIS EXCELLENCY GOVERNOR CABELL.

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.

TO GOVERNOR CABELL.

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 [171]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.

TO THE SECRETARY OF THE NAVY.

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.

[172]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.

TO THE SECRETARY OF THE TREASURY.

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.

TO J. MADISON.

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 [173]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.

TO THE SECRETARY OF STATE.

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 [174]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.

TO GEORGE HAY.

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 [175]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.

TO THE SECRETARY AT WAR.

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 [176]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 [177]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 [178]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.

TO THE SECRETARY OF STATE.

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 [179]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.

TO THE SECRETARY AT WAR.

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 [180]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 [181]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.

TO THE SECRETARY OF STATE.

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. [182]

TO MR. COOPER.

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 [183]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.

TO THE SECRETARY AT WAR.

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. [184]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.

TO THE SECRETARY OF THE NAVY.

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, [185]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.

TO THE SECRETARY OF STATE.

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 [186]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.

TO THE SECRETARY OF STATE.

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.

TO THE SECRETARY OF THE NAVY.

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 [187]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.

TO GEORGE HAY.

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, [188]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.

TO THE SECRETARY AT WAR.

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. [189]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.

TO THOMAS PAINE.

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. [190]

TO GEORGE HAY, ESQ., ATTORNEY FOR THE U. S., BEFORE THE DISTRICT OF VIRGINIA.

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. [191]

TO GOVERNOR CABELL.

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.

TO GEORGE HAY.

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 [192]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.

TO THE SECRETARY OF THE NAVY.

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 [193]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.

TO MR. CRAWFORD.

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.

TO THE SECRETARY OF THE TREASURY.

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.

[194]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.

TO GOVERNOR CABELL.

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 [195]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.

TO MR. MADISON.

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. [196]

TO THE SECRETARY OF THE NAVY.

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.

TO ROBERT BRENT, ESQ.

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, [197]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.

TO J. MADISON.

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. [198]

TO MR. HAY.

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.

TO GENERAL WILKINSON.

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 [199]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.

TO MR. COXE.

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. [200]

TO THE ATTORNEY GENERAL.

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.

TO MR. PAINE.

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 [201]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.

TO HIS EXCELLENCY GOVERNOR CABELL.

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. [202]

TO MR. GALLATIN.

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.

TO THE SECRETARY AT WAR.

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 [203]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.

TO GOVERNOR SULLIVAN.

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 [204]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.

TO DOCTOR BARTON.

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.

TO JAMES GAMBLE, ESQ.

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 [205]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.

TO GOVERNOR CABELL.

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. [206]

TO THE SECRETARY AT WAR.

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. [207]

TO MR. GALLATIN.

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.

TO MR. GALLATIN.

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 [208]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.

TO GOVERNOR CABELL.

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 [209]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.

TO GOVERNOR WILLIAMS.

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.

TO MR. GALLATIN.

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 [210]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.

TO MR. SHORT.

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 [211]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 [212]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.

* * * * * * * *

TO MR. JAMES PEMBERTON.

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 [213]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.

TO DANIEL ECCLESTON, ESQUIRE.

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 [214]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.

TO MR. MAURY.

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 [215]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.

TO MR. GALLATIN.

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?

TO COLONEL MINOR.

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 [216]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.

TO MR. FULTON.

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.

TO MR. BARLOW.

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 [217]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.

TO GENERAL JOHN MASON.

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 [218]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.

TO DOCTOR WISTAR.

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. [219]

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. [220]

TO GEN. WILLIAM CLARKE.

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.

TO GENERAL GEORGE ROGERS CLARKE.

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 [221]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.

TO MR. GALLATIN.

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, [222]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.

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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 [223]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.

TO MR. GALLATIN.

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 [224]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.

TO ROBERT R. LIVINGSTON, ESQ.

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 [225]* * * * * . 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.

TO DOCTOR RUSH.

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. [226]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.

TO JOHN TAYLOR, ESQ.

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 [227]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.

TO MR. GALLATIN.

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 [228]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.

TO MR. SMITH.

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. [229]

TO THE SECRETARY AT WAR.

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 [230]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.

TO MESSRS. MAESE, LEYBERT AND DICKERSON, OF THE AMERICAN PHILOSOPHICAL SOCIETY.

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. [231]

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.

TO MR. GALLATIN.

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 [232]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. [233]

The appropriation of the lots in New Orleans must certainly be suspended, until we get the supplementary information promised. Affectionate salutations.

TO WILLIAM WIRT, ESQ.

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 [234]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.

TO MR. SMITH.

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. [235]

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.

TO MR. SMITH.

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.

TO MR. J. DORSEY.

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 [236]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.

TO THE REV. MR. MILLAR.

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 [237]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 [238]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.

TO MR. BARLOW.

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.

TO HIS EXCELLENCY GOVERNOR TOMKINS.

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 [239]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.

TO JACOB J. BROWN, ESQ.

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 [240]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. [241]

TO MR. JACOB BROWN.

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.

TO MR. TIFFIN.

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.

TO WILLIAM M'INTOSH.

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 [242]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. [243]

TO GOVERNOR HARRISON.

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.

TO MR. GALLATIN.

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? [244]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.

TO MR. GALLATIN.

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.

TO MR. SMITH.

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 [245]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.

TO MR. GALLATIN.

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.

TO MR. DANIEL SALMON.

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 [246]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.

TO MR. ANTHONY G. BETTAY.

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 [247]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.

TO COLONEL MONROE.

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, [248]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.

TO JOSEPH BRINGHURST.

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 [249]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.

TO THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

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 [250]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.

TO MR. GALLATIN.

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, [251]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.

TO MR. GALLATIN.

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. [252]

TO HIS EXCELLENCY GOVERNOR SULLIVAN.

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. [253]

TO COLONEL MONROE.

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 [254]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 [255]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 [256]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.

TO RICHARD M. JOHNSON.

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 [257]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.

TO MR. MADISON.

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 [258]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.

TO GOVERNOR CABELL.

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 [259]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.

TO MR. GALLATIN.

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 [260]"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.

TO W. C. NICHOLAS, ESQ.

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. [261]

TO DOCTOR WISTAR.

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. [262]

TO THE DEMOCRATIC CITIZENS OF THE COUNTY OF ADAMS, PENNSYLVANIA.

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. [263]

TO MR. GALLATIN.

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.

TO M. LE VAVASSEUR.

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 [264]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.

TO LEVI LINCOLN.

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, [265]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.

TO MR. GALLATIN.

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.

TO CHARLES PINCKNEY.

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 [266]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 [267]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.

TO MR. GALLATIN.

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 [268]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.

TO MR. SMITH.

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.

TO MR. GALLATIN.

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, [269]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.

TO MR. GALLATIN.

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.

TO MR. JOHN JACOB ASTOR.

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 [270]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.

TO MR. GALLATIN.

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. [271]

TO THE SECRETARY OF THE TREASURY.

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.

TO MR. GALLATIN.

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.

[272]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.

TO MR. GALLATIN.

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 [273]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.

TO MR. GALLATIN.

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. [274]

TO THE SECRETARY OF STATE.

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 [275]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.

TO MR. GALLATIN.

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.

TO WM. RODNEY.

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 [276]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.

TO COLONEL WASHINGTON.

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 [277]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.

TO THE SECRETARY OF THE TREASURY.

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 [278]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.

TO GENERAL DEARBORNE.

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.

TO THE SECRETARY OF STATE.

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 [279]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.

TO WILLIAM LYMAN, ESQ.

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 [280]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.

TO GENERAL ARMSTRONG.

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 [281]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.

TO GENERAL KOSCIUSKO.

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 [282]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.

TO MR. SMITH.

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: [283]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.

TO GOVERNOR TOMPKINS.

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 [284]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. [285]

TO ——.

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. [286]

TO THE GOVERNORS OF NEW ORLEANS, GEORGIA, SOUTH CAROLINA, MASSACHUSETTS AND NEW HAMPSHIRE.

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. [287]

TO MR. GALLATIN.

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. [288]

TO THE SECRETARY AT WAR.

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 [289]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.

TO THE SECRETARY OF THE TREASURY.

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. [290]

TO THE SECRETARY OF THE TREASURY.

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.

TO THE SECRETARY OF STATE.

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, [291]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.

TO THE SECRETARY OF THE TREASURY.

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 [292]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. [293]

TO THE SECRETARY AT WAR.

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.

TO GENERAL BENJAMIN SMITH.

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 [294]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.

TO THE SECRETARY OF STATE.

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. [295]

TO GENERAL DEARBORNE.

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.

TO MR. LIEPER.

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 [296]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.

TO THE SECRETARY OF THE TREASURY.

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 [297]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 [298]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.

TO MR. BOWDOIN.

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 [299]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.

TO THE SECRETARY OF STATE.

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 [300]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.

TO THE SECRETARY OF THE NAVY.

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 [301]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.

TO SHELTON GILLIAM, ESQ.

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 [302]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.

TO CHRISTOPHER COLLES.

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.

TO JAMES PEMBERTON.

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 [303]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.

TO MR. FRANKLIN.

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. [304]

TO DOCTOR LEIB.

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 [305]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.

TO GENERAL WILKINSON.

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.

TO COLONEL D. C. BRENT.

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 [306]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.

TO MR. GALLATIN.

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.

TO HIS EXCELLENCY GOVERNOR CLAIBORNE.

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 [307]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.

TO THE SECRETARY OF THE TREASURY.

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?

[308] 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. [309]

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.

TO M. DE LA CAPEDE.

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 [310]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, [311]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 [312]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.

TO MR. SYLVESTRE.

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 [313]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 [314]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.

TO MR. LASTEYRIE.

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 [315]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 [316]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.

TO THE SECRETARY OF THE NAVY.

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. [317]

TO MR. SMITH, OF THE WAR OFFICE.

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.

TO HIS EXCELLENCY GOVERNOR SULLIVAN.

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 [318]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.

TO HIS EXCELLENCY GOVERNOR CLAIBORNE.

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 [319]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 [320]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.

TO GOVERNOR LEWIS.

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. [321]

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.

TO THE SECRETARY AT WAR.

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 [322]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.

TO HIS EXCELLENCY GOVERNOR PINCKNEY.

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. [323]

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 [324]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 [325]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.

TO THE SECRETARY OF THE TREASURY.

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.

[316]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.

TO MR. BIBB.

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 [327]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.

TO THE SECRETARY OF THE TREASURY.

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, [328]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. [329]

TO THE SECRETARY OF STATE.

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 [330]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.

TO THE SECRETARY AT WAR.

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 [331]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. [332]

TO THE SECRETARY AT WAR.

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.

TO MESSRS. KERR, MOORE, AND WILLIAMS, COMMISSIONERS OF THE WESTERN ROAD.

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, [333]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.

TO THE SECRETARY OF THE TREASURY.

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 [334]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.

TO THE SECRETARY AT WAR.

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. [335]

TO THE SECRETARY OF THE TREASURY.

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.

TO THE SECRETARY OF THE NAVY.

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 [336]salutations.

TO MR. GALLATIN.

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. [337]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.

TO THE SECRETARY OF THE NAVY.

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 [338]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.

TO THE SECRETARY AT WAR.

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 [339]pretext for taking the nearest healthy position to St. Mary's, and on the waters of Tombigbee. I salute you with affection and respect.

TO THE SECRETARY OF STATE.

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. [340]

TO HIS EXCELLENCY GOVERNOR SULLIVAN.

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 [341]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.

TO MR. FULTON.

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 [342]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.

TO MR. I. SMITH.

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. [343]

TO HIS EXCELLENCY GOVERNOR TOMPKINS.

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 [344]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.

TO THE SECRETARY OF THE TREASURY.

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. [345]

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.

TO GOVERNOR CLAIBORNE.

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 [346]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.

TO THE SECRETARY OF THE TREASURY.

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, [347]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.

[348] 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.

TO THE SECRETARY AT WAR.

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 [349]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.

TO GOVERNOR LEWIS.

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 [350]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 [351]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 [352]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.

TO THE HONORABLE LEVI LINCOLN.

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 [353]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.

TO GOVERNOR LEWIS.

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 [354]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, [355]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.

TO THE SECRETARY AT WAR.

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.

TO THE SECRETARY OF THE TREASURY.

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 [356]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.

TO CAPTAIN M'GREGOR.

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 [357]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.

TO THE SECRETARY AT WAR.

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: [358]

He adds, that 10,000 men will take the whole country to within a league of Quebec. I salute you with affection and respect.

TO THE EMPEROR OF RUSSIA.

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 [359]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.

TO GENERAL WILKINSON.

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. [360]

TO THE SECRETARY OF THE TREASURY.

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.

TO THE SECRETARY OF STATE.

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 [361]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.

TO THE SECRETARY AT WAR.

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.

TO THE SECRETARY OF STATE.

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 [362]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.

TO MR. SHORT.

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 [363]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.

TO THE SECRETARY OF THE TREASURY.

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 [364]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.

TO SIMEON THEUS, ESQ.

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. [365]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 [366]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. [367]

TO THE SECRETARY OF STATE.

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.

TO THE SECRETARY OF THE NAVY.

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 [368]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.

TO THE SECRETARY OF THE TREASURY.

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 [369]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.

TO MR. GALLATIN.

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.

* * * * * * * *

TO ROBERT L. LIVINGSTON.

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. [370]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.

TO MR. GALLATIN.

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 [371]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.

TO GEORGE BLAKE, ESQ.

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.

TO MR. GALLATIN.

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 [372]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.

TO MR. SMITH.

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.

TO MR. GALLATIN.

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 [373]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.

TO MR. JAMES MAIN.

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. [374]

TO CAPTAIN GROVE.

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; [375]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.

TO MR. GALLATIN.

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 [376]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.

TO THOMAS COOPER, ESQ.

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, [377]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. [378]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:

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.

TO DOCTOR JAMES BROWN.

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 [379]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 [380]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.

TO ——.

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 [381]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.

TO GOVERNOR CLAIBORNE.

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. [382]

TO MR. GALLATIN.

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. [383]

TO GENERAL DEARBORNE.

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.

TO HIS EXCELLENCY GOVERNOR PINCKNEY.

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 [384]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.

TO MR. LETUE.

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 [385]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.

TO HIS EXCELLENCY GOVERNOR CABELL.

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 [386]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.

TO MR. GALLATIN.

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 [387]that spirit. But the first cause of refusal being sufficient, an inquiry into character and conduct is unnecessary.

TO LIEUTENANT GOVERNOR LINCOLN.

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. [388]

TO THE HON. JOSEPH VARNUM.

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.

TO THOMAS JEFFERSON RANDOLPH.

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 [389]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 [390]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 [391]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 [392]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.

TO THE VICE-PRESIDENTS OF THE AMERICAN PHILOSOPHICAL SOCIETY.

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.

TO MR. SAMUEL HAWKINS, KINGSTON.

Washington, November 30, 1808.

Sir,—Business and indisposition have prevented my sooner acknowledging the receipt of your letter of the 3d instant, which [393]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.

TO DOCTOR WATERHOUSE.

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 [394]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 [395]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.

TO THOMAS MONROE.

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 [396]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.

TO MR. GALLATIN.

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 [397]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. [398]

TO MR. GALLATIN.

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.

TO MR. GALLATIN.

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. [399]

TO MR. GALLATIN.

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.

TO MR. GALLATIN.

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. [400]

TO MR. NICHOLAS.

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.

TO GOVERNOR HARRISON.

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 [401]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. [402]

TO MR. BARLOW.

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. [403]

TO CHARLES THOMSON, ESQ.

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.

TO MR. GALLATIN.

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 [404]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.

TO DOCTOR LOGAN.

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 [405]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.

TO MR. GALLATIN.

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. [406]

TO E. RANDOLPH, ESQ.

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.

TO ——.

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 [407]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.

TO MR. HENRY GUEST.

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 [408]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.

TO MR. GALLATIN.

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.

* * * * * * * *

TO THE SECRETARY AT WAR.

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, [409]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.

TO GENERAL DEARBORNE.

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. [410]

TO DOCTOR EUSTIS.

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. [411]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.

TO MR. THOMAS C. JAMES, SECRETARY OF THE AMERICAN PHILOSOPHICAL SOCIETY.

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 [412]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.

TO DOCTOR MAESE.

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 [413]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.

CIRCULAR LETTER FROM THE SECRETARY OF WAR, TO THE GOVERNORS,—PREPARED BY THOMAS JEFFERSON.

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 [414]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.

TO MR. BOYD.

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.

TO HIS EXCELLENCY GOVERNOR TYLER.

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 [415]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.

TO COLONEL HUMPHREYS.

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 [416]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.

TO MR. LEIPER.

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 [417]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 [418]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.

TO COLONEL CHARLES SIMMS, COLLECTOR.

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 [419]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.

TO COLONEL MONROE.

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 [420]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. [421]

TO HIS EXCELLENCY GOVERNOR SEVIER.

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.

TO M. AMELOT DE LA CROIX, BOSTON.

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 [422]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. [423]

TO CAPTAIN ARMISTEAD T. MASON.

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.

TO CAPTAIN ARMISTEAD T. MASON.

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 [424]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.

TO THOMAS MANN RANDOLPH.

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 [425]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.

TO HIS EXCELLENCY GOVERNOR TYLER.

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.

TO MR. STODDART.

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 [426]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 [427]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.

TO JOHN HOLLINS.

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, [428]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 [429]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.

TO M. GREGOIRE, EVEQUE ET SENATEUR A PARIS.

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. [430]

TO M. RUELLE, ANCIEN AGENT DIPLOMATIQUE, RUE D'ARGENTINE, NO. 38, A PARIS.

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.

TO THOMAS MANN RANDOLPH.

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 [431]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.

TO MESSRS. GREGG AND LEIB, SENATORS OF PENNSYLVANIA.—MR. SMILIE.

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. [432]

TO M. DUPONT DE NEMOURS.

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, [433]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.

TO GENERAL ARMSTRONG.

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 [434]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.

TO M. LE BARON HUMBOLDT.

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 [435]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.

TO MR. SHORT.

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 [436]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. [437]

TO THE PRESIDENT.

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 [438]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.

TO WILLIAM M'ANDLESS, ESQ., PITTSBURG.

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. [439]

TO THE INHABITANTS OF ALBEMARLE COUNTY, IN VIRGINIA.

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. [440]

TO GOVERNOR JAMES JAY.

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.

TO COLONEL LARKIN SMITH.

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 [441]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. [442]

TO THE PRESIDENT OF THE UNITED STATES.

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 [443]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.

* * * * * * * *

TO THE PRESIDENT OF THE UNITED STATES.

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 [444]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 [445]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.

TO MR. SPAFFORD.

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 [446]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 [447]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 [448]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.

TO MR. JOHN WYCHE.

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 [449]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.

TO THE HONORABLE JUDGE WOODWARD.

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.

TO MR. W. LAMBERT.

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 [450]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.

TO DOCTOR ELIJAH GRIFFITH, PHILA.

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 [451]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.

TO THE HON. ROBERT SMITH, SECRETARY OF STATE.

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. [452]

TO WILSON C. NICHOLAS.

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 [453]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.

[454] 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.

TO GENERAL DEARBORNE.

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 [455]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 [456]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.

TO M. DUPONT DE NEMOURS.

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 [457]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 [458]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.

TO THE PRESIDENT OF THE UNITED STATES.

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. [459]

TO SKELTON JONES.

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 [460]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, [461]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 [462]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. [463]

TO M. DASHKOFF.

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.

TO THE PRESIDENT.

Monticello, August 17, 1809.

Dear Sir,

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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 [464]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, a